A COMPENDIUM OF LIBERIAN

ANTI-CORRUPTION STATUTES

FOREWORD

Arguably, if one should outline some of the factors which have impeded the growth and development of Liberia, I am certainly confident that “Corruption” would not only make the list but could be placed in the upper ranks. While on a look for what constitutes corruption, the Oxford dictionary has this to say, “dishonest or fraudulent conduct by those in power, typically involving bribery.” Further, “the process by which something typically a word or expression, is changed from its original use or meaning to one that is regarded as erroneous or debased.” While these definitions might be generally satisfactory, suffice it to say that looking at corruption only from an official or public lens might limit the meaning of the word as there are more people in the private sector than the public sector which in turn makes society more prone to corruption if some focus or measures are not placed on conduct in the private sector as well. For a moment, let us consider the following scenarios: A man goes to a party and takes more food than he can finish while others are left without anything to eat. There is a traffic jam and you leave the queue and take the opposite lane and the traffic gets stuck more. You go to a public lavatory and remove the toilet roll and put it in your bag and take it home. Imagine that you take your car for repairs and the mechanic requests that you buy a new part and it is paid for; he turns around and cleans up your old part and fixes it back. The list could become unending because there is a plethora of these activities in our everyday life which obviously would qualify for corruption if found in the public sphere. Therefore, if someone in the private sector with these kinds of tendencies or predispositions is given a public sector portfolio, he/she is more than likely to become corrupt. Accordingly, it becomes imperative that the fight against corruption be a holistic venture rather than placing all the emphasis on the public domain.

The Liberian history on corruption can be traced to the founding of the state itself. While it may not be necessary to delve into the historicity of this country on corruption, the menace has almost become a cultural issue which has not escaped the lips of some of our past and present leaders. In the aftermath of the military coup in 1980, Master Sergeant Samuel K. Doe, in justifying the military takeover, said that the coup was intended to eradicate rampant corruption. President Ellen Johnson Sirleaf for her part once declared corruption as public enemy number one. In his inaugural speech in January 2018, President George M. Weah can be quoted as making a pledge to fight against corruption. In demonstration of these commitments, several post-war institutions have been established in addition to the existing laws geared towards the fight or minimization of corruption. For instance, the AntiCorruption Commission has a mandate to deal with corruption issues but has loop holes in its Statute making it a toothless bull dog that barks but does not bite. The General Auditing Commission audits public expenditures but sometimes cherry pick the institutions to audit and if the audit is done, the Government chooses what audit report to act on. There are several other anti-corruption entities generally referred to as integrity institutions such as the Public Procurement Concession Commission (PPCCP), Liberia Extractive Industries Transparency Initiative (LEITI), the Financial Intelligence Unit (FIU), the Internal Audit Agency (IAA), the Governance Commission (GC), the Independent Information Commission (IIC) and the Law Reform Commission (LRC) amongst other pre-existing laws. Like the

LACC, most of these institutions have limitations in their statutes which have to be corrected and enforced. In spite of all these commitments, pledges and pronouncements to combat corruption, both local and international assessments on the performance of our governments have found the fight against corruption to be wanting. In essence, one can safely say that there is a lack of a strong ‘Political Will’ to fight corruption and as a result, it has become a major stumbling block in our strides to eradicate poverty, ignorance and disease.

In an effort to tackle the menace of corruption that has bedeviled the society, some of our partners and some civil society organizations have not given up the fight considering the negative impact of corruption on society. Credit goes to the Center for Transparency and Accountability in Liberia (CENTAL), also a post-war institution for its continuous efforts and role for serving as a civil society watch dog on corruption and related matters. Amongst the multiplicity of anti-corruption projects CENTAL is undertaking, the compilation of the statutory legal framework related to anti-corruption and governance stands out prominently. The initiative is laudable because the final product provides easy access to scholars, public officials and the public at large interested in knowing about the country’s anti-corruption regime. I am also appreciative of the support CENTAL is receiving from its partners. Without such support no matter how meager, I wonder if CENTAL would be breathing today; it is keeping their torch burning.

I extend my gratitude to the CENTAL family for making me a participant of this project. I harbor no iota of doubt that when the history of this country is written of those who stood and fought against corruption, it will be kind to us; this is the reason why I have committed and signed the pledge to be a catalyst in the fight against corruption. Together we can minimize or even win the fight against corruption in addition to the political will that is so essential in this endeavor. Mere pronouncements without concrete actions would amount to efforts in futility.

Cllr. Boakai N. Kanneh

Chairperson, Law Reform Commission

Monrovia, Liberia

ACKNOWLEDGMENT

This work would not have been possible without the inputs received from stakeholders including experts in the legal and anti-corruption fields. The design, content, and structure of this book was especially informed by integrity institutions such as the General Auditing Commission (GAC), Governance Commission, Law Reform Commission (LRC), Internal Auditing Agency (IAA), Liberia Extractive Transparency Initiative (LEITI), Liberia AntiCorruption Commission (LACC), Public Procurement and Concessions Commission (PPCC), and Accountability Lab. Specific Thanks go to Cllr. Boakai N. Kanneh Chairperson, Law Reform Commission; Madame Mamuna M. Kamara Waydon; Mr. W. Lawrence Yeadue Jr.; Madame. Maureen Sieh; Mr. Randall Makor; Mr. Jeffery N. Yates; Mr. David K. Akoi; Mr. Abayomi Cole; Mr. Alphonso Henries; Madame Eliza Dahn; Mr. William W. Munyeneh; Mr. Goto M. Cooper; Mr. James Koryor; Madam. Alice M. Sewor; Alice A. Dagbe and all who attended the validation session of this book. We are grateful for your support and contribution to making Liberia a better nation.

Our Gender Officer, Dr. Akiah P. Glay, engineered this book and spent countless hours on fetching, compiling, and editing. We marvel at her untiring resolve to bring this work to fruition. To her we owe an incalculable amount of gratitude. Our Program Manager, Atty. Gerald D. Yeakula, never fell short of providing the technical guidance and furnishing the finesse to make this work acceptable and meaningful. His eye for quality and insistence on timely delivery was critical in achieving this final product. We are grateful, Gerald! Our Executive Director, Mr. Anderson D. Miamen, devoted considerable time in the review of this work. His comments and inputs helped fine-tune and increase the relevance of this material. We shower loads of gratitude his way. We also thank the entire CENTAL family for their support, especially our Finance Department under the direction of Mr. William S. Tali for making available needed resources to make this a reality. And yes, reserving the biggest of all gratitude for last, we have no words to express our appreciation to the Government and People of Sweden, through the Swedish International Development Cooperation Agency (SIDA), for believing and trusting in CENTAL to deliver on anti-corruption initiatives in Liberia. Our hats are off as we appreciate your funding for this work under the auspices of the National Integrity Building and Anti-Corruption (NIBA) program.

Cllr. T. Negbalee Warner

Chairman, Board of Directors

PREFACE

The rule of law is important if transparency, accountability, and integrity must be firmly rooted in the Liberian society. Without laws and policies that adequately respond to anomalies besetting Liberia’s governance infrastructure, especially Corruption, hopes for any substantive turnaround would only be imaginary. Thankfully, strides have been made in strengthening the legal framework regarding corruption and overall governance in Liberia. Although inadequate, several laws have been enacted and key institutions established to dedicatedly fight against corruption in the country. The Freedom of Information and Public Financial Management Laws as well as the Acts creating the Liberia AntiCorruption Commission (LACC) and General Auditing Commission (GAC) are classic examples.

However, substantial gaps still exist. These laws remain good on paper with only little implementation, thus limiting their impact. A key factor underpinning minimal impact of anti-graft laws is limited publicity and public awareness around, firstly, the existence of these laws, and secondly, their contents including purpose, scope, and other specific provisions. While most laws are available online, they are in picture formats, exclusive, and scattered across different websites, thus affecting easy access and usage. With a minimum floor price of 0.0218 per Megabyte (MB) of data, it is difficult to download very huge file without spending a lot of money on date purchase. According to the Alliance for Affordable Internet (2019), Liberia ranks fifth on the list in the world as the country with most expensive mobile data for internet. Such high cost, coupled with limited internet access in many parts of Liberia mean that access to anti-graft laws available online remains a challenge.

Thus, this book proceeds from the backdrop that enhancing public access to laws bordering on anticorruption is crucial in empowering citizens to demand for and take timely and appropriate actions against corruption in Liberia. With funding from the Swedish International Development Corporation Agency (SIDA), the Center for Transparency and Accountability in Liberia (CENTAL) has developed this handbook to ensure that exiting anti-corruption laws are in user-friendly formats, consolidated in single document, as well as available in soft and hard copies for easy access and reference. Laws provided herein either directly support the fight against corruption or enable a vibrant anti-corruption climate. Acts creating public integrity institutions and existing relevant statutes are included. Key areas covered include procurement, financial management, fraud, access to information, public participation, money laundering, theft, audit etc. Majority of these laws were garnered from websites of public integrity institutions while, others were gleaned from other web sources. With the aid of technology, many of these documents were exported to editable formats, with only a few requiring significant re-typing.

Rather than summarizing these laws, using only select provisions, or simplifying using “Liberian English”, we have reproduced contents of laws in their entirety in order to maintain originality and comprehensiveness. Meanwhile, summaries have been provided in the introductory section as a way of presenting the purpose and focus of respective legislations. Cover pages and signature pages have been omitted to save space and narrow in on substantive law. It is our anticipation that this work serves as a handy reference material for all including communities, civil society organizations, academics, researchers, lawyers, and public officials as they work in the anti-corruption space and advance causes for the common good.

INTRODUCTION

This book is a compendium of Liberian anti-corruption laws. It contains enabling statutes of institutions with specific anti-corruption mandates as well as statutes directly concerned with transparency, accountability, and anti-corruption. There are many laws bordering on anticorruption and governance issues. Yet, focus constrains us to assemble only those at the heart of anti-corruption reforms in the country. To this end, this book encompasses themes such as procurement, financial management and intelligence, audit, extractives transparency, criminal conveyance of land, county social development funds management, elections, money laundering and terrorist financing, code of conduct, fraud, bribery and extortion, theft and economic sabotage, prosecution, as well as access to information.

The first section of this book provides a brief overview of laws contained herein. This section describes the objectives and purposes of the laws and, in the case of laws establishing institutions, expounds on the mandates and leadership structure of integrity institutions. Contact details of integrity institutions are also included in this section. The second section of this document provides the actual legal texts which have been converted from PDFs or Picture formats to fit the format of this collection. While formatting has changed, the exact content of the laws remains complete. There are twenty-two (22) laws comprising this compilation. To ensure coherence, we have grouped them into five (5) categories, namely: Good Governance, Procurement and Audit, Participation and Access to Information, Criminal Offenses, and Investigation and Prosecution.

In the Good Governance category, Governance Commission Act, Law Reform Commission Act, Local Government Act, Code of Conduct for Public Officials and Public Financial Management Law are included. Under Procurement and Audit, the Public Procurement and Concessions Act, Internal Audit Agency Act, General Auditing Commission Act, and the Liberia Extractive Industry Transparency Initiatives Act are covered. The Participation and Access to Information category covers the National Elections Commission Act, the New Elections Law, Section 9 of the 2018 Budget Law on County Social Development Funds, and the Freedom of Information Act. The Criminal Offenses category includes Criminal Conveyance of Land Act, Fraud Act, Anti-Money Laundering and Terrorist Financing Act, Act to Amend the Penal Law on Extortion, and relevant provisions of the Penal Law. The Investigation and Prosecution category covers the Liberia Anti-Corruption Commission Act, and the Financial Intelligence Unit Act. We are confident that this material will contribute meaningfully to the fight against corruption in Liberia.

CONTENTS

FOREWORD………………………………………………………………………………………………………………… i

ACKNOWLEDGMENT………………………………………………………………………………………………… iii

PREFACE………………………………………………………………………………………………………………….. iv

INTRODUCTION ………………………………………………………………………………………………………………. vii

PART 1: OVERVIEW OF LAWS………………………………………………………………………………….1

1.1 GOVERNANCE COMMISSION ACT (2007) ……………………………………………………………..3 1.2 LAW REFORM COMMISSION ACT (2011) ………………………………………………………………….4 1.3 LOCAL GOVERNMENT ACT (2018) …………………………………………………………………………..5 1.4 CODE OF CONDUCT FOR PUBLIC OFFICIALS (2014) …………………………………………….6 1.5 PUBLIC FINANCIAL MANAGEMENT ACT (2009) ………………………………………………………7

1.6 AMENDED AND RESTATED PUBLIC PROCUREMENT AND CONCESSIONS

COMMISSION ACT (2010) ……………………………………………………………………………………………….8

1.7 INTERNAL AUDIT AGENCY (IAA ACT 2013) ……………………………………………………………..9

1.8 THE GENERAL AUDITING COMMISSION ACT (GAC 2014)………………………………….9 1.9 LIBERIA EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE ACT (LEITI Act of

2009) ………………………………………………………………………………………………………………………………..11

1.10 NEW ELECTION LAWS (1986 and 2014 Amendment) ………………………………………………. 11 1.11 NATIONAL BUDGET LAW OF 2018-FY/2018/2019 ………………………………………………… 12 1.12 FREEDOM OF INFORMATION ACT (2010) ………………………………………………………….. 12 1.13 CRIMINAL CONVEYANCE OF LAND ACTS ……………………………………………………………13

14 FRAUD ACT OF 2013 (chapter 15. Sub chapter D of the Panel Law Amended )………….14

ANTI-MONEY LAUNDERING AND TERRORIST FINANCING ACT (2012) ……………… 14

EXTORTION, ENVIRONMENTAL CRIMES AND ILLICIT TRAFFICKING IN HUMAN

BEINGS AND MIGRANT SMUGGLING ACT (2012)………………………………………………………..15

1.17 PENAL LAW – TITLE 26 – LIBERIAN CODE OF LAWS REVISED ………………………….. 16

1.18 LIBERIA ANTI-CORRUPTION COMMISSION ACT (LACC ACT of 2008) ……………… 17

1.19 AN ACT TO ESTABLISH THE FINANCIAL INTELLIGENCE UNIT OF LIBERIA (FIU

Act of 2012) ……………………………………………………………………………………………………………………..17

1.20 MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT (2012)…………………18

1.21 PROVISIONAL REMEDIES FOR PROCEEDS OF CRIME ACT (2013)……………..18 .

1.22 DISTRIBUTION OF UN LIST OF TERRORISTS AND TERRORIST GROUPS ACT (2012)

……………………………………………………………………………………………………………………………………….19 v

PART 2: ANTI-CORRUPTION LAWS ………………………………………………………………………………….21

2.1 GOOD GOVERNANCE………………………………………………………………………………………………..23

2.1.1 AN ACT ESTABLISHING THE GOVERNANCE COMMISSION…. . …………………………….. 23 2.1.2 LAW REFORM COMMISSION ACT (2011) …………………………………………………………. 32

2.1.3 THE LOCAL GOVERNMENT ACT OF 2018 ……………………………………………………….. 42 2.1.4 THE CODE OF CONDUCT OF 2014 …………………………………………………………………… 63 2.1.5 PUBLIC FINANCE MANAGEMENT ACT OF 2009 ………………………………………………. 81

2.2 PROCUREMENT AND AUDIT …………………………………………………………………………….106

2.2.1 AMENDED AND RESTATED PROCUREMENT AND CONCESSIONS ACT (2010) ……………………………………………………………………………………………………………………….106

2.2.2 INTERNAL AUDIT AGENCY ACT ……………………………………………………………….. 234 2.2.3 GENERAL AUDITING COMMISSION ACT …………………………………………………… 241 2.2.4 LIBERIA EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE (LEITI) ACT OF 2009. ………………………………………………………………………………………………………….. 258

2.3 PARTICIPATION AND ACCESS TO INFORMATION …………………………………………….. 265

2.3.1 THE NEW ELECTIONS LAW (1986) …………………………………………………………… 298 2.3.4 BUDGET ACT FY-2018/2019 (SECTION: 9) ……………………………………………… . 312 2.3.5 FREEDOM OF INFORMATION ACT OF 2010 ……………………………………………….318

2.4 CRIMINAL OFFENSES ……………………………………………………………………………………………. 327

2.4.1 AN ACT AGAINST CRIMINAL CONVEYANCE OF LAND ………………………………..327 2.4.2 FRAUD ACT of 2012 ……………………………………………………………………………… 332

2.4.3 PENAL LAW (RELEVANT SECTIONS )………………………………………………………………333

2.4.4 AN ACT TO AMEND PENAL LAW ON EXTORTION, ENVIRONMENTAL CRIMES

AND ILLICIT TRAFFICKING ………………………….. ……………………………………………………… 342

2.4.5 ANTI MONEY LAUNDERING AND TERRORIST FINANCING ACT, 2012 …………. 343

2.5 INVESTIGATION AND PROSECUTION ………………………………………………………………….. 352

2.5.1 LIBERIA ANTI-CORRUPTION COMMISSION ACT …………………………………………….. 352

2.5.2 FINANCIAL INTELLIGENCE UNIT ACT 2012 …………………………………………………366 2.5.3 MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT (2012) ……….. 377

2.5.4 PROVISIONAL REMEDIES FOR PROCEED S OF CRIME ACT (2013) ………….390

2.5.5 DISTRIBUTION OF UN LIST OF TERRORISTS AND TERRORIST GROUPS ACT

(2012)……………………………………………………………………………………………………………. 391

REFERENCES …………………………………………………………………………………………………………………… 392

1.1 GOVERNANCE COMMISSION ACT (2007)

The Governance Commission (“GC Act”) is a 2007 legislation which created the Governance Commission (“GC”) and granted it the mandate to design policies and recommend implementation strategies necessary to establish an inclusive, participatory, just, and accountable system of government in Liberia: a system based on meritocracy that promotes and adheres to the rule of law, manages the people resources effectively and is capable of delivering basic services in a transparent manner. The GC Act provides that the GC be/is financially autonomous, operationally independent, and generally free of undue influence from any source, in pursuit of its mandate.

The President, with the advice and consent of the Senate, appoints members of the Commission, including its Chairperson and Vice Chairperson. The Commissioners are required to be Liberian citizens of proven integrity and honor, demonstrated achievement.

The following are the functions of the Commission:

To promote awareness, acceptance and observance of good governance within both the public and private sectors; through the conceptualization and design of policies and programs, in consultation and/or collaboration with other public and private institutions;
To identify and promote understanding and consensus on policies and programs aimed at strengthening democratic processes, interactions, and institutions that promote an inclusive, participatory and just system of governance and decentralization of development;
In collaboration with other public and private sector institutions and civil society, to foster a sense of common national identity, shared national vision, and one democratic nationhood by identifying and advising on resolution of the social, cultural, economic and political factors that have hindered genuine national unity and precipitated years of violence and wars;
To promote reforms, efficiency, and transparency in the Liberian public sector by recommending the rationalization of institutional mandates and structures; coordinate capacity building initiatives, and the development of appropriately designed meritbased system.
To promote integrity in the public sector, draft, advocate for, and advise on the adoption, use, and/or the amendment of codes of conduct; and carry out national public integrity surveys at such intervals as it may determine; provided that at least one public integrity survey is conducted every year;
To promote the awareness of the need for equality of opportunities as established by the Liberian Constitution.
To develop policies and programs that promote civic education within the context of good governance including but not limited to: the development of a policy framework for promoting civic education and the nurturing of citizens; advocacy with NGOs, FBOs and CSOs working on civic education; coordinating capacity building initiatives for promoting civic education so as to make the citizenry aware of their rights, responsibilities and obligations as citizens; and monitoring and evaluating the impact of civic education interventions;
To collaborate, cooperate or coordinate with other agencies of government in designing or executing programs to promote good governance and combat corruption; and
To monitor and evaluate the impact of good governance programs through research and publication to include but not be limited to the preparation of periodic reports and an “Annual Governance Report”.

The details of the GC Act can be found in its full text as reproduced herein below.

1.2 LAW REFORM COMMISSION ACT (2011)

The Law Reform Commission Act (“LRC Act”) established the Law Reform Commission to supervise and undertake reform and development of Liberian law, including, in particular, the unification and codification of the laws, the elimination of anomalies and the generation of consistency and harmony in the law, the repeal of obsolete and unnecessary enactments, and generally the simplification and modernization of all branches of the law.

The Commission is empowered to perform the following functions:

Receive, consider, review or advance on its own initiative, proposals for the reform of the law that may be made or referred to it by the Senate the House of Representatives, the Executive, the Judiciary or any bodies organizations, institutions, or persons;

Compile research, and undertake the examination of particular branches of the law and the formulation of proposals for their reform;

Prepare comprehensive programs for the consolidation of the law and undertake the drafting of bills pursuant to any proposed programs of reform, and to ensure consistency and eliminate contradictions, overlapping and fragmentations in and of the laws, in the development of the laws, and in the developmental process of the law;

Draw the attention of and solicit comments from the Minister of Justice to any bill if, in the opinion of the Commission, such bill has or is likely to have adverse effect(s) on the country as a whole or on any community, municipality, or section of the country, or in the governance framework;

Provide advice and information to Ministries, agencies and public authorities and corporations of the Government with regard to the reform or amendment of any branch of the law appropriate to the Ministries, agencies, authorities or corporations concerned;

Solicit for funds to support any and all aspects, projects and programs undertaken or to be undertaken, or associated with the Commission’s work;

Promote and facilitate participation by the public in any aspect of the work of the Commission through seminars, workshops, conferences and other public meetings;

Encourage international cooperation in the performance of the functions of the Commission: and

Do such other things as may be conducive and necessary to the attainment of the functions and mandate of the Commission.

The details of the LRC Act can be found in its full text as reproduced herein below.

1.3 LOCAL GOVERNMENT ACT (2018)

The Local Government Act provides the legal and regulatory framework for decentralization and Local Governance Reforms in Liberia. It establishes a system of local government consisting of locally appointed and elected officials and vest them with certain powers and resources. While the Law recognizes that Liberia is a unitary state, it allows for certain powers to be shared between the counties and the central government, with central government remaining in charge of many other things like the police, army, money and banking, foreign affairs and so forth.

This Act affirms the commitment of the Government of Liberia to further the unity of the Republic by providing equal opportunity for all of its citizens to engage in the governance of the state through the devolution of certain administrative, fiscal and political powers and institutions from the national government to Local governments, with the following objectives:

To give effect to the Country’s National Policy on Decentralization and Local Governance; b- To. ensure democratic participation in, and control of, decision-making by the citizenry;
To create and establish democratic, political, administrative and Fiscal structures in local governance; and
To ensure Sources of revenues in support of Local government administration and operations.

Application of the Act

The Local Government Act shall be applied to all local government structures and functions derived in the Act, from central government to local governments as contained in the Administrative Procedure Manual published by the Minister responsible for local government, except that said Manual Shall confirmed to the Act and those functions that are exclusively reserved for the national government.

The details of this Act can be found in its full text as reproduced herein below.

1.4 CODE OF CONDUCT FOR PUBLIC OFFICIALS (2014)

The Code of Conduct (“Code”) was enacted by the Legislature in 2014 pursuant to Article 90 of the Liberian Constitution, which obliges the Legislature to enact a Code of Conduct for public officials The Code is applicable to all Public Officials and Employees of the three branches of Government of Liberia, its parastatal bodies and any other agency/organization it deals with. In particular, it forbids all officials appointed by the President of the Republic of Liberia from all engagements in political activities, canvassing or contesting for elected offices, using government facilities, equipment or resources in support of partisan or political activities or serving on a campaign team of any political party or the campaign of an independent candidate. Section 6.4 of the Code provides that except for Elected Officials, all other Public Officials and Employees of Government are not to accept public speaking engagements on matters of Government policy which have not been officially released to the public without prior approval from his or her immediate supervisor.

The Code further provides that every public official and employee of Government shall, in the course of his or her work exhibit courtesy, transparency, promptness, clarity, respect and sensitivity with proper regard for a person’s rights and obligations. He or she shall exhibit said responsibilities with a view of ensuring the maximum satisfaction of the recipients and or users of services delivered or required to be delivered by the employer of the public and civil servant. The Act states that, Public Officials and Employees of Government shall not receive nor encourage the giving of any form of bribe, casual gift, token or any gift intended to Induce or Influence in connection with the performance of his or her official duties, whether for himself or herself or members of his or her family or any other benefits that could have any influence on his or her professional approach to issues and the discharge of his or her official duties.

Also, every Public Official and Employee of Government involved in making decisions affecting contracting, tendering or procurement, and issuance of licenses of various types is required to sign performance or financial bonds and shall in addition declare his or her income, assets and liabilities prior to taking office and thereafter: a. at the end of every three years; b. on promotion or progression from one level to another; c. upon transfer to another public office; and d. upon retirement or resignation.

The details of this Act can be found in its full text as reproduced herein below.

1.5 PUBLIC FINANCIAL MANAGEMENT ACT (2009)

The Public Financial Management Act governs all matters related to the management of public finances of the Republic of Liberia. It lays out fundamental procedures for the preparation, adoption, execution and final accounts of the National Budget and related matters including, internal control, accounting and auditing of public finances, assets as well as the arrangements for public debt and government guarantees. This Act is supplemented by enabling regulations promulgated by the Ministry of Finance and approved by the President to further specify the procedures in each of the areas mentioned, and it may be amended from time to time.

The provisions of the Act apply to all agencies, entities and institutions of government including but not limited to: (a) The Executive and all its agencies/entities/institutions (b) The Legislature and all its agencies/entities/institutions (c) The Judiciary and all its agencies/entities/institutions (d) Autonomous Public Agencies under central government control. It is guided by the following principles:

The Executive is accountable to the Legislature for the way it carries out its responsibilities with respect to the management of public finances; and within the Executive, all public officials entrusted with public finance responsibilities are accountable to the President of the Republic of Liberia for the proper execution of their duties.

The budget authority is granted by the Legislature for a fiscal year, unless there are exceptions specified in law.

In the National Budget, expenditure and financial outflows shall be balanced by revenues and financial inflows, including any new borrowing.

All central government revenues and expenditures shall be included in the National Budget, being recorded on a gross basis.

All central government revenues and expenditures shall be presented and executed with the detail specified under the Act and its enabling regulations in the National Budget.

The National Budget is to be prepared in the context of a medium-term fiscal framework with the aim of achieving national objectives over a multi-year period.

This Act requires that timely and reliable financial information on the National Budget be made publicly available, and further requires that legislations governing public finances be drafted with clarity. It further requires that the Proposed Budget shall be made available to the public immediately following its submission to the Legislature as well as immediately following its publication into handbill. Each Spending Entity is required, where applicable, to provide a monthly report on revenues and a quarterly expenditures performance report to the Minister.

The details of this Act can be found in its full text as reproduced herein below.

1.6 AMENDED AND RESTATED PUBLIC PROCUREMENT AND CONCESSIONS COMMISSION ACT (2010)

The Public Procurement and Concessions Commission Act regulates all forms of public procurement and concessions, establishes the Public Procurement and Concessions Commission, provides for institutional structures for public procurement and concessions, and stipulates methods and procedures for public procurement and concessions and for purposes related thereto.

The Commission comprises seven (7) persons nominated by the president, and vetted and approved by the House of Senate including a Chairperson, C three (3) persons from the public sector and three (3) persons from the private sector. An Executive Director runs the day-to-day affairs of the Commission. The Commission also has a Complaints, Appeals and Review Panel (CARP) established for the sole purpose of reviewing complaints and appeals related to Commission. Complaints border on breach of the PPCC Act and related matters. The Complaints, Appeals and Review Panel consists of seven (7) persons.

In order to ensure transparency, accountability and equity in Liberia, the PPCC Act seeks to) Promote economic development of Liberia b) Build capacity of officials and institutions in public procurement; (c) Provide equal access without discrimination to all eligible and qualified providers of goods, works and services and fair and equitable treatment of all bidders; (d) Promote integrity, fairness, accountability and public confidence in the procurement process; (e) Promote the growth of indigenous Liberian Private sector; and (f) Eradicate monopolies and promote competitiveness in the concession procurement process.

The Act is applicable to the procurement of all goods, works and services financed in whole or in part from public funds including the disposal of government stores, plant and equipment and all concessions. The following are exempt from application of the PPCC law: International agreements concluded between the Government of Liberia and other countries or international organizations for general or specific projects where these agreements provide for specified procurement rules and procedures; Agreements executed by the Central Bank of Liberia relating to the implementation of monetary policy or procurement related to the production of coins or currency and Procurement of military or national security equipment. The PPCC is located at the Executive Mansion Ground, Capitol Hill, Monrovia, and can also be reached at www.ppcc.gov.lr.

The details of this Act can be found in its full text as reproduced herein below.

1.7 INTERNAL AUDIT AGENCY (IAA ACT 2013)

Internal Audit Agency Act establishes the Internal Audit Agency (IAA) and empowers it to effectively, efficiently coordinate, supervise, control and monitor internal audits in public institutions. The IAA is headed by a Director General and at least one Deputy-Director General. The Director and Deputy Director General are appointed by the President of the Republic of Liberia with the consent of the Senate. To ensure transparency, the Director and Deputy Director General are to be recruited through a competitive process. The Director General, his Deputies, and internal auditors as per-immunities cannot be prosecuted, or be subject to any reprimand or penalty for opinions, recommendations, and other acts done pursuant to their official duties.

The IAA is mandated to:

Establish and direct internal audit functions within all branches of the government of Liberia including the Executive, Legislature and the Judiciary, and all public sector entities such as public corporation, autonomous agencies, autonomous commissions, government ministries and the Central Bank of Liberia;
Promulgate and ensure that common internal audit standards and systems in keeping with best practices are established and maintained;
Provide oversight, including managerial, administrative and supervisory expertise at each of the established audit functions within each entities; and
Ensure that the ethics of internal audit in according to internationally accepted standards are strictly adhered to and followed. These shall be but not limited to competence, integrity, confidentially and professionalism.

The IAA audit report of any agencies are to be reported to the head of the agency for correction purposes. In the case of Legislative branch of government, the report is be submitted to the Speaker of the House of Representatives if it concerns the House of Representatives or the President Pro Tempo if it concerns the Senate. All matters related to audit of the Judiciary branch of government are to be reported to the President with copy to the Chief Justice of the Supreme Court. For more information, contact the IAA at its offices in Congo Town or via its website at www.iaa.gov.lr.

The details of this Act can be found in its full text as reproduced herein below.

1.8 THE GENERAL AUDITING COMMISSION ACT (GAC 2014)

The General Auditing Commission (GAC) is the independent constitutional external auditor of Liberia, which supports Legislative oversight over the management of public resources. The 1986 Constitution of the Republic of Liberia created the GAC as one of three autonomous Commissions, resulting in the GACs replacement of the General Auditing Office. In June 2005, a statutory provision was made, supplementing the creation of the GAC in the 1986 Constitution, which required that the GAC reports to the Legislature. Notwithstanding, this amendment did not enable the GAC to become fully compliant with the 1977 LIMA and the 2007 Mexico declarations. The 2014 GAC Act seeks to enable the Commission to be fully compliant with those declarations.

The GAC is headed by the Auditor General. The primary duty of the GAC consists of auditing public operations and providing the government through the Legislature with independent, unbiased advice to ensure proper and efficient management of public funds.

The Act guarantees the GAC full and free access to: in the case of an audit of the public accounts; all documents and property that is relevant to the audit; or in the case of an audit of a public agency; all documents and property that belongs to, is in the custody of, or is under the control, of the public agency. It also guarantees the GAC entry to offices subject to audit; and banks or other financial institutions with which a public agency, or other entity that is subject to audit, maintains an account.

The Act further provides that the Commission submits audit reports, individually or in groups, to the Legislature with copies to the President of the Republic of Liberia periodically throughout the year as it deems appropriate. These reports may include recommendations, where warranted, as well as any other matters that are appropriate to bring to the attention of the Legislature. For more information contact the GAC at its office on Ashmun Street or via its website at www.gac.gov.lr.

The details of this Act can be found in its full text as reproduced herein below.

1.9 LIBERIA EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE ACT (LEITI Act of 2009)

The Liberia Extractive Industries Transparency Initiative (LEITI) Act of 2009 established the Liberia Extractive Industries Transparency Initiative. LEITI tracks proceeds from the Mining, Oil, Forestry and Agriculture industries as a way of assisting in ensuring that all benefits due to the government and the people of Liberia on account of exploitation and extraction of minerals and other natural resources are: a) Verifiably paid or provided; b) Duly accounted for; and c) Prudently utilized for the benefits of all Liberians and on the basis of equity and sustainability.

The governing body of LEITI is the Multi-Stakeholders Steering Group, which comprises of at least fifteen (15) members drawn from the government of Liberia, civil society, and the private sector. LEITI has a Secretariat that runs its day-to-day affairs. The Secretariat is headed by the Head of Secretariat.

The Act requires LEITI to:

to require and maintain transparency over all material payments due from and/or made by extractive companies to all agencies and levels of the Government of Liberia as well as all revenues collected from the companies by the Government;
to require all companies engaged in the extraction of agriculture, forest and mineral resources in Liberia to join the LEITI;
to promote the effective participation of civil society in the design, implementation, evaluation and modification of actions, activities, processes and institutional arrangements associated with resource governance in Liberia;
to provide and/or serve as a platform bringing together the Government of Liberia, civil society, and relevant private companies for effective implementation of the criteria and principles of the Extractive Industries Transparency Initiative and other measures aimed at good resource governance; and to
to promote better public understanding of the non-renewable nature of most extractive resources; the causes of resource-based conflicts; and the benefits of transparent and prudent resource governance;

For more information, visit LEITI at the Old Budget Bureau Building, behind the Executive Mansion in Monrovia or visit www.leiti.org.lr.

1.10 NEW ELECTION LAWS (1986 and 2014 Amendment)

Amendments and repeals allow laws and policies to be refined overtime, and Liberia’s election laws are no exception. The elections law of Liberia has been suspended, amended, and repealed over time to allow better election management. This book contains the New Election Law of 1986 and its 2014 amendment.

POWER AND DUTIES

The Powers and Duties of the National Elections Commission (NEC) are contained in Section 2.9 of the New Elections Law of Liberia approved in 1986 and amended in 2003, 2004 and 2014. It states that the Commission, as an autonomous agency of Government, independent of any branch of the Government, shall have the following powers and duties:

To administer and enforce all laws relative to the conduct of elections throughout the Republic of Liberia.
To organize the office of the Commission in manner as may be necessary and practicable for the effective operation of the Commission.
To propose to the National Legislature for enactment, amendment to, and repeal of, any provision of the Election Law.
To give accreditation to, and register all political parties and independent candidates who meet the minimum registration requirement laid down by the Commission, by which authority they may exercise political franchise under relevant provision of the Constitution.
To revoke the registration and accreditation of an already legal party only upon the judicial determination of a court of competent jurisdiction, in accordance with due process.
Conduct all elections for elective public offices including the chieftaincy election and all referenda and declare the results thereof.

The full texts of the laws are reproduced herein below.

1.11 NATIONAL BUDGET LAW OF 2018-FY/2018/2019

For the purpose of this book, we are featuring Section 9 of the Budget Law of 2018, which deals with the management of County Social Development Funds (CSDFs). Amongst other things, the law provides that expenditure of said funds must be in line with the Public Financial Management (PFM) Law and the Public Procurement and Concessions Commission (PPCC) Law. It provides for full accounting of funds before any further disbursements are made by the Ministry of Finance, lays out the clear mandate and procedures concerning County Council sitting.

The details of this Act can be found in its full text as reproduced herein below.

1.12 FREEDOM OF INFORMATION ACT (2010)

The Freedom of Information Act provides that each public and government ministries have a Public Information Office (PIO) to handle access to information requests from the public and to ensure that persons denied information or dissatisfied with a response can seek an appeal from the Information Commissioner, or request an internal or judicial review.

The objectives of the Act are:

To promote effective, equitable and inexpensive exercise of the right of access to information;
To establish clear and concise procedures for requesting and providing of information held by (i) public bodies and (ii) private bodies receiving public benefits or performing public functions or providing public service.
To establish and provide for the exercise of a right to appeal any decision denying a request for information or infringing on the right of access to information; and
To provide appropriate penalties and other sanctions for wrongful failure to keep and or provide information.

This Act applies to and cover the following: All public authorities and bodies at all branches and levels of the Government and any other related bodies supported in whole or in part by public resources. It also covers all private bodies performing public functions and or providing public services, including academic institutions, hospitals and other health service providers; telecommunications operators, banking institutions, and similar entities.

The Act provides that Every public authority or body shall establish, maintain, and regularly update a widely accessible and user-friendly publication scheme, the public authority or public shall provide detailed information regarding its core functions, nature of its activities and operations, and the information it possesses. Also, all public information held by private entities in respect of public funding received or public services provided shall be accessible, and may be inspected, requested, provided, reproduced and retained as provided in this Act.

The Act indicates that a document, information, or record is exempted from public access ONLY if the release of the information would cause injury or substantial harm to:

Criminal Investigation
Trade Secrets
Privileged communications

A document is exempt from the general right of access to information when it would be an unreasonable disclosure of personal information.

The details of this Act can be found in its full text as reproduced herein below.

1.13 CRIMINAL CONVEYANCE OF LAND ACTS

This is an Act to Amend Chapter 15 Subchapter B, Section 15,21 (4) of the Penal Law and creating subchapter AB, section 15.23 captioned Criminal Conveyance of Land to introduce measures against unauthorized possession or occupation of land and criminal conveyance of land. Criminal Conveyance means the conveyance through sale, donation or lease of land by a person who has no authority to do so. The Act defines offenses relating to criminal conveyance of land and prescribes penalties for such offences. The Act also provides affirmative defense.

The details of this Act can be found in its full text as reproduced herein below.

1. 14 FRAUD ACT OF 2013 (chapter 15. Sub chapter D of the Panel Law Amended)

The fraud Act indicates that any offense of fraud by wire, radio or television is punishable by law as a first degree felony in the Republic of Liberia.

The following are considered fraudulent crimes and punishable as mail fraud:

The offenses of forgery and counterfeiting;
facilitation of counterfeiting;
obtaining or issuing deceptive writings;
tempering with public documents;

Also, conducting, promoting or carrying on by means of any postal or carrier service; any scheme or device or any other unlawful business, uses or assumes, or requests to be addressed by any fictitious, false or assumed title, name or address or name other than his own proper name, takes or receives from any post office or authorized depository of mail matter, letter, poster card, packages, or other mail matter is considered a fraud and is predicated to money laundering and terrorist financing. According to the Act, a person having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises transmits or causes to be transmitted by means of wire, radio, or television or other communication in local commerce such as internet, any writings, signs, signals, pictures or sounds for the purpose of executing such scheme or artifice including money laundering, and terrorist financing, shall be guilty of the offense of fraud and punishable in accordance with the law of Liberia.

The details of this Act can be found in its full text as reproduced herein below.

1.15 ANTI-MONEY LAUNDERING AND TERRORIST FINANCING ACT (2012)

The Anti-Money Laundering and Terrorist Financing Act (2012) was enacted to bring to justice those who engage in accumulating wealth illegally by financing terrorist activities and Laundering illegal funds for self-gain.

Under the Act, a person is guilty of money laundering if he/she:

converts or transfers property with the intent of concealing or disguising the illicit origin of that property, or of aiding any person involved in the commission of t criminal conduct to evade the legal consequences of the conduct;
conceals or disguises the true nature, origin, location, disposition, movement or ownership of the property;
acquires, possesses or uses the property;
engages directly or indirectly in any transaction which involves the property; (e) receives, possesses, conceals, disguises, transfers, converts, disposes of, removes from or brings the property into Liberia or;

(f) Participates in, associates with or conspires to commit, attempts to commit or aids, abets or facilitates the commission of any of the above acts.

The Act identifies predicate offenses as serious crimes which give rise to the separate crime of money laundering. Predicate offenses, which include, but are not limited to the following criminal acts may be found in the Penal Law or other laws of Liberia:

(a) participation in an organized criminal group and racketeering; (b) terrorism, including terrorist financing; (c) trafficking in human beings and migrant smuggling; (d) sexual exploitation, including sexual exploitation of children; (e) illicit trafficking in narcotic drugs and psychotropic substances;

illicit arms trafficking;
illicit trafficking in stolen and other goods;
corruption and bribery;
fraud;
counterfeiting currency;
counterfeiting and piracy of products;

(1) environmental crime;

murder, grievous bodily injury;
kidnapping, illegal restraint and hostage taking; robbery or theft; smuggling; extortion; forgery; piracy; insider trading and market manipulation; and tax evasion

Also, the Act provides that a person or body corporate or other legal entity is guilty of the offense of acquiring tainted property if, he or she acquires or uses property or has possession of it, which he or she knows or should have known is, in whole or in part directly or indirectly another person’s proceed of criminal conduct.

The details of this Act can be found in its full text as reproduced herein below.

1.16 EXTORTION, ENVIRONMENTAL CRIMES AND ILLICIT TRAFFICKING IN HUMAN BEINGS AND MIGRANT SMUGGLING ACT (2012)

This Act guides against extortion, environmental crimes, and illicit trafficking in Liberia.

As provided by the Act, a person is guilty of extortion if he or she obtains property from another, with his or her consent or obtains official acts of a public officer, induced by a wrongful use of force or fear or under color of official right or extort any money, right or property from another by means of fear, force or any threat.

Such are considered extortion and shall be punishable as first degree felony:

To do an unlawful injury to a person or property of an individual threatened or of a third person; or
To accuse the individual threatened, or any relatives of his, or member of his family, of any crime; or
To expose or impute to him or them any deformity, disgrace or crime; or
To expose any secret effecting him or them

Under this Act, trafficking in human beings and migrant smuggling, also a predicate offense to money laundering and terrorist financing, is an offense.

The details of this Act can be found in its full text as reproduced herein below.

1.17 PENAL LAW – TITLE 26 – LIBERIAN CODE OF LAWS REVISED

The Penal Law establishes a system of prohibitions and penalties to deal with conduct that unjustifiably and inexcusably causes or threatens to harm those individual or public interests for which government protection is appropriate. To this end, the provisions of this title are intended to achieve the following objectives:

To define adequately the act and mental state which constitute each offense;
To safeguard conduct that is without guilt from condemnation as criminal;
To prevent arbitrary or oppressive treatment of persons accused or convicted of crime; (d) To insure the public safety through (i) the deterrent influence of the penalties hereinafter provided; (ii) insofar as feasible, the rehabilitation of those convicted of offenses; and (iii) such confinement as may be necessary to prevent likely recurrence of serious criminal behavior;

(e) To prescribe the penalties which are appropriate to the seriousness of offenses and which are appropriate on applying the different methods of insuring public safety as named in paragraph (d).

For the purposes of this book captures offenses related to corruption such as Theft of Property, Theft of Service, Misapplication of Entrusted property, Misuse of Public Money or Property, Fraud on the Internal Revenue, and Theft and/or Illegal Disbursement of Public Money.

The details of this Act can be found in its full text as reproduced herein below.

1.18 LIBERIA ANTI-CORRUPTION COMMISSION ACT (LACC ACT of 2008)

The Liberia Anti-Corruption Commission Act establishes the Liberia Anti-Corruption Commission (LACC) to lead the implementation of the Anti-Corruption strategy of Liberia, investigate and prosecute corrupt conduct in the public sector, actively prevent corruption in public sector institutions, and educate citizens and public sector about corruption and its effects. The leadership of the Commission is comprised of five (5) individual members known as Commissioners and they are appointed by the President of the Republic of Liberia and confirmed by the Senate. Each Commissioner is required to be a Liberian citizen and not less than thirty (30) years old, of good moral character in the community, and with proven records in Anti-corruption advocacy or professional training. The Chairperson and the Vice Chairperson can be appointed twice for the post, five (5) years each. The LACC Act provides that prosecution of corruption cases is to be carried out by the Ministry of Justice but in coordination with the Commission.

The Commission has the mandate to:

Investigate all acts of corruption discovered or reported to have occurred in the public, private and civil society of Liberia;
Investigate the conduct of any person, irrespective of office or status, natural or otherwise, if the conduct of the person(s) constitute corruption;
Examine and investigate any information, matter or report that indicates or raises suspicion that the conduct, action or decision of a public or private official in line of official duty and in the context of the definition of corruption are provided;
Serve as the agency of Government of Liberia with primary responsibility for the investigation of all acts of corruption and,
Promote and coordinate the collaboration of all law enforcement agencies of government in the discharge of their activities as they relate to combating corruption.

The Commission is required to, within three months after the end of any fiscal year, submit to the President and Legislature, an annual report indicating the number of corruption cases investigated. That report is to be forwarded to the Ministry of Justice for prosecution along with an indication of the number of such cases that have been or are being prosecuted.

The details of this Act can be found in its full text as reproduced herein below.

1.19 AN ACT TO ESTABLISH THE FINANCIAL INTELLIGENCE UNIT OF LIBERIA (FIU Act of 2012)

The Financial Intelligence Unit Act establishes the Financial Intelligence Unit (FIU) as an autonomous agency to serve as the national agency of Liberia responsible for receiving, requesting, conducting preliminary investigations, analyzing and disseminating information to competent authority concerning suspected proceeds of crime and terrorist property.

The FIU is headed by a Board that comprises the Central Bank of Liberia- Chair, Ministry of

Finance, National Security Agency, Ministry of Justice; Director of FIU; Liberia AntiCorruption Commission, Ministry of Foreign Affairs; Civil Society, and the business sector. On recommendation of the Board, the President appoints a Director.

The FIU Act empowers the FIU to, amongst others, implement the following mandates:

Receive and analyze intelligence and other public and non-public information in order to disseminate useful information to law enforcement and other competent authorities involved in investigating, prosecuting, detection and prevention of money laundering and terrorist financing including but not limited to; Suspicious transaction reports pursuant to AML/CFT reporting obligations from reporting entities, such as ‘government ministries, government agencies, quasi-government agencies or state owned entities as require by law; public and non-public information provided to the FIU or obtained by the FIU related to money laundering or predicated offenses: proceeding crime or related activities.
Trace and/or monitor property or assets suspected to be related to money laundering or its predicate offenses, terrorist financing, or proceeds of crime:
Transmit any information derived from analysis or examination by the FIU to the appropriate domestic or foreign Law enforcement authorities on a need to know basis.
Dissemination or exchange information with competent domestic or foreign authorities when there are reasonable grounds to believe that the information would be relevant for identifying tracing.
Enter into any necessary legal agreements or other arrangements (including memorandum of understanding) with authorized domestic, and foreign or international agencies through the relevant government institutions to promote corporation or information exchange or disclosure in accordance with the law.

The details of this Act can be found in its full text as reproduced herein below.

1.20 MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT (2012)

This Act enables the Republic of Liberia to cooperate with foreign States in criminal investigations and proceedings. It applies in relation to mutual legal assistance in criminal matters between the Republic of Liberia and any foreign state or international tribunal. For the Act to apply to a foreign state an agreement must exist with that state whether in relation to a particular case or more generally and shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance. It provides that Mutual legal assistance shall be afforded to the fullest extent possible with respect to investigations, prosecutions, and judicial proceedings in relation to serious crimes, money laundering, terrorism, terrorist financing, and all predicate offenses for money laundering.

The details of this Act can be found in its full text as reproduced herein below.

1.21 PROVISIONAL REMEDIES FOR PROCEEDS OF CRIME ACT (2013)

This Act provides remedies affecting crime proceeds pending and following final judgment in a criminal trial. It provides that where a person is under prosecution or has been convicted of an offense including money laundering and/or terrorist financing, prior to sentencing, the Court can grant a temporary restraining order against property believed to be the proceeds or instrumentalities of the offense or in which the defendant has an interest in order to secure the said property for the purpose of confiscation. It states further that a Confiscation Order can be issued, following conviction for an offense, to forfeit title to the Republic Liberia, or to a foreign State where mutual legal assistance is agreed upon, of property that is proceeds or instrumentalities of a criminal offense including money laundering and terrorist financing. It also empowers the Court to issue a Benefit Recovery Order against a person convicted of an offense to pay an amount equal to the benefit derived from an offense or offenses of which he/she has been convicted. The Act also provides for a Freezing Order to preserve a property believed to be proceeds or instrumentalities of crime or terrorist property. Following application for a Freezing Order, the Ministry of Justice is empowered to require a financial institution to impose restrictions on withdrawal of funds from an account for seven (7) days pending issuance of a Freezing Order by the court, which decision shall be made and delivered by the court within seven (7) days of the filing of the application.

The details of this Act can be found in its full text as reproduced herein below.

1.22 DISTRIBUTION OF UN LIST OF TERRORISTS AND TERRORIST GROUPS ACT (2012)

The Act mandates the Liberian Ambassador to the United Nations to distribute list of terrorists and terrorist groups released by the United Nations Security Council to the Ministry of Foreign Affairs, the Ministry of Justice, the Central Bank and the Financial Intelligence Unit within 24 hours upon receipt. It further provides that prior to the freezing of any accounts owned, controlled or associated with such person identified as a terrorist or terrorist group, the Ministry of Justice shall confirm to the Central Bank and the Financial Intelligence Unit that the identified client of a financial institution is the same person or entity identified in the United Nations designated List of Terrorist and Terrorist Groups.

The details of this Act can be found in its full text as reproduced herein below.

PART 2: ANTI-CORRUPTION

2.1 GOOD GOVERNANCE

2.1.1 AN ACT ESTABLISHING THE GOVERNANCE COMMISSION

PART I: PRELIMINARY

PART II: ESTABLISHMENT OF THE COMMISSION

PART III: MANDATE AND FUNCTION

PART IV: POWERS

PART V: COMPOSITION, APPOINTMENT AND TENURE

PART VI DUTIES OF THE CHAIRMAN AND VICE CHAIRMAN

PART VII ORGANIZATION AND ADMINISTRATION

PART VIII FUNDING

PART IX REPORTING AND BUDGETING

PART X TRANSITIONAL PROVISIONS PART XI EFFECTIVE DATE

PART I: PRELIMINARY

PREAMBLE

Whereas, Chapter 10, Article 89- “Autonomous Public Commissions”- of the Constitution of Liberia, which came into force on January 6, 1986 empowers the Legislature to enact statutes for the creation of agencies as may be necessary for the effective operation of Government;

Whereas, Liberia has witnessed repeated breakdowns in governance structures, systems and institutions due to civil crisis, military coups and wars, which in turn resulted, in part, from a system of poor governance, lack of participation and inequities in resource distribution, contested values and consequent limited sense of national identity; of community and of nationhood;

Whereas, an enabling system of good governance that promotes and sustains transparency, accountability, rule of law, standards of ethics and political inclusion is a sine qua non for escaping the conflict trap and harnessing the national resources for the common good of Liberia and Liberians; and

Whereas, in order to achieve and maintain a holistic system of good governance that is inclusive, participatory and just, and which promotes national oneness, sound public sector management, efficient and fair allocation and use of resources, and a culture of honesty and integrity, it is necessary to establish and maintain an autonomous agency/commission dedicated to the pursuit of such desired goals;

NOW, THEREFORE, IT IS HEREBY ENACTED BY THE SENATE AND HOUSE OF

REPRESENTATIVES OF THE REPUBLIC OF LIBERIA, IN LEGISLATURE ASSEMBLE

This Act may be cited as the Governance Commission Act of 2007.

SECTION 1. DEFINITIONS

In this Act, unless the context otherwise requires, the following words and phrases shall have the meaning(s) ascribed to them in this Section

Good Governance: A system of governance that is inclusive, participatory, just and accountable, which encompasses a merit-based and transparent system of public administration and management of public institutions and national resources. It includes the adoption/adaptation of internationally accepted best practices in corporate governance, the honorable discharge of public duties without any expectation of personal reward over and beyond that to which a public servant is lawfully entitled, and the meaningful involvement of every citizen, irrespective of backgrounds, in the formulation, implementation and/or monitoring of national policies.

Mandate Areas: Mandate areas shall include but not be limited to: (1) Political and

Legal Reforms; (2) Public Sector Reforms;(3) Civic Education, National Identity and National Visioning; (4) National Integrity System; and (5) Monitoring, Evaluation, Research and Publication.

Political and Legal Reforms: This refers to a two-pronged approach in:

Reaffirming and strengthening the democratic ideals that inspired the establishment of the Liberian state, and underpin our democratic system of government, and
Reviewing and proposing for amendment, and adaptation of existing laws as well as introducing new laws in a manner that enhances the body polity and promotes national unity and development. This includes revisiting the ideals, mission and constitution of Liberia, and undertaking, amongst others, land reforms, security sector reforms and judicial reforms.

Public Sector: Reforms: This means the formulation and development of appropriate policies to promote and ensure effective management of public agencies, corporations and ministries, by redefinition of institutional mandates, structures, operational procedures as well as the recruitment, compensation and training of staff; ensuring an accountable, equitable and transparent allocation and utilization of national resources; and ensuring the development of a national public integrity system.

Civic Education: Educating the citizenry with a view to strengthening a sense of common community, national identity and nationhood and educating Liberians in the broad areas of good governance as defined herein; including espousing equal rights and opportunities, especially for vulnerable groups such as women, children, and the handicapped and rural dwellers. It includes sensitizing individuals, organizations and communities about the principles of good governance, the benefits offered by good governance; and the role and responsibility of each individual, organization and community in the promotion of good governance.

Civil Society Engagement: Refers to the establishment and development of a formal policy to engage and foster civil society’s participation in governance through regular consultations, interactions and policy interventions that enable CSOs to effectively demand and participate in good governance and serve as watch dog agencies.

Monitoring, Evaluation, Research and Publication: This is a mandate area that refers to the programmatic collection, organization, and dissemination of relevant information about the content and impact of adopted and/or on- going reform measures and general practices of good governance in both the public and private sectors, along with the production of reports of studies and researches commissioned to identify ways and means of addressing practical constraints in the implementation of good governance, the consolidation of peace, ensuring security and promoting national identity.

Code of Conduct: The Code of Conduct for Liberian Public Servants approved and/or amended by the Legislature.

Stakeholders: Include but not limited to the Liberian people, the three branches of government, trade, business, and professional organizations, civil society organizations, faithbased organizations, non-governmental organizations, other public interest groups of Liberians and development partners.

CSO: The acronym for Civil Society Organizations.

FBO: The acronym for Faith-Based Organizations

NGO: The acronym for Non-Governmental Organizations.

CPA: The Comprehensive Peace Agreement signed August 18, 2003 between the warring factions, the Government of Liberia and Civic Organizations in Ghana.

Public Service: This refers to the entire spectrum of services rendered through government agencies and public institutions.

Accountability: To explain and be responsible for one’s action and/or decision

Founding Ideals: The affirmation of democracy, equality, liberty and justice as enshrined in the Declaration of Independence of Liberia.

PART II: ESTABLISHMENT OF THE COMMISSION

There is hereby established an autonomous public commission to be known as the

Governance Commission, hereinafter referred to as the “Commission”, which shall have the mandates and exercise the duties, functions and powers it has been granted by this Act.

The Commission shall be an independent body of the Government. It shall be financially autonomous, operationally independent, and generally free of undue influence from any source, in pursuit of its mandate. It shall however, on a quarterly basis submit financial statements to the Legislature and the President.

REPORTING

The Commission shall be responsible to and report to the Legislature and the President on its activities and the performance of its mandate provided, however, that in addition to its reports to the Legislature and the President, the Commission shall in all instances where it recommends changes in sectors or structures of the government or draft legislation for the reform of such sectors, structures or other measures relating to reform of the same, such recommendations shall be submitted directly to the President for executive action or for the President’s further transmission to the National Legislature for its appropriate action.

PART III: MANDATE & FUNCTIONS MANDATE

The general mandate or purpose of the Commission shall be to:

Promote good governance by advising, designing, and formulating appropriate policies and institutional arrangements and frameworks required for achieving good governance, and Promoting integrity at all levels of society and within every public and private institution.

FUNCTIONS

Consistent with, and in furtherance of, the general mandate established by Section 3.1, the Commission shall have the following duties and functions:

To promote awareness, acceptance and observance of good governance within both the public and private sectors; through the conceptualization and design of policies and programs, in consultation and/or collaboration with other public and private institutions;

To identify and promote understanding and consensus on policies and programs aimed at strengthening democratic processes, interactions, and institutions that promote an inclusive, participatory and just system of governance and decentralization of development;

In collaboration with other public and private sector institutions and civil society, to foster a sense of common national identity, shared national vision, and one democratic nationhood by identifying and advising on resolution of the social, cultural, economic and political factors that have hindered genuine national unity and precipitated years of violence and wars;

DUTIES

To promote reforms, efficiency, and transparency in the Liberian public sector by recommending the rationalization of institutional mandates and structures; coordinate capacity building initiatives, and the development of appropriately designed merit-based system.

To promote integrity in the public sector, draft, advocate for, and advise on the adoption, use, and/or the amendment of codes of conduct; and carry out national public integrity surveys at such intervals as it may determine; provided that at least one public integrity survey is conducted every year;

To promote the awareness of the need for equality of opportunities as established by the Liberian Constitution.

To develop policies and programs to promote civic education within the context of good governance to include but not be limited to: the development of a policy framework for promoting civic education and the nurturing of citizens; advocacy with NGOs, FBOs and CSOs working on civic education; coordinating capacity building initiatives for promoting civic education so as to make the citizenry aware of their rights, responsibilities and obligations as citizens; and monitoring and evaluating the impact of civic education interventions;

To collaborate, cooperate or coordinate with other agencies of government in designing or executing programs to promote good governance and combat corruption; and

To monitor and evaluate the impact of good governance programs through research and publication to include but not be limited to the preparation of periodic reports and an “Annual Governance Report”.

PART IV: POWERS OF THE COMMISSION

The Commission shall have, enjoy and exercise such powers as are necessary for the fulfilment of its mandate. The powers of the Commission shall include:

To identify, advise on and design necessary policies relating to good governance, and submit same for the approval and implementation by the Government of Liberia;

To plan and prepare its annual budget including grants and donations and submit it to the Government of Liberia for funding;

To solicit and receive technical assistance from development partners;

To enter into memoranda of understanding, partnership and other forms of contract agreements with stakeholders and development partners, in furtherance of its mandate, to be signed by the Minister of Finance and attested to by the Minister of Justice; and to hold property, whether movable or immovable;

To organize workshops, symposiums, public consultations, public interactive fora, nationwide consultations and other activities geared toward achieving its mandate, including publications of the findings as and where relevant.

To commission and compensate subject matter experts in the mandated areas and other such areas as may be deemed necessary in furtherance of its mandate and work plans and within its budget limits;

To organize the office of the Commission in any manner as may be necessary and practicable for the effective operation of the Commission including making rules and regulations to carry out its mandate;

To develop reasonable staffing needs and provide for the recruitment of all needed staff, including establishing transparent procedures and guidelines on the recruitment, and conditions of service for all staff of the Commission, and for professional human resource development;

To determine the benefits and compensation to be received by Commissioners pursuant to the normal budgetary processes of the Government through the President;

To propose legislation, acting through the President, and when necessary to recommend the undertaking of constitutional amendments related to the promotion and enhancement of good governance, and

To engage in and undertake any and all activities necessary, incidental to and required for the full attainment of the Commission’s mandate.

PART IV: COMPOSITION, APPOINTMENT AND TENURE

COMPOSITION

The Commission shall be composed of five commissioners, one of whom shall be appointed to serve as Chairman and another as Vice Chairman; each of the other three members shall be called and known as Commissioners.

APPOINTMENTS

The President shall, with the advice and consent of the Senate, appoint members of the Commission, including its Chairperson and Vice Chairperson. In making such appointments, the President shall give adequate consideration to the qualification criteria set out in this Act for such appointees.

QUALIFICATIONS

The Commissioners shall be Liberian citizens of proven integrity and honor, demonstrated achievement consisting of at least a bachelor degree in a discipline or occupation related to one or more of the mandate areas of the Commission, and without prior conviction of or indictment for a crime involving moral turpitude.

To the extent possible, appointment to the Commission shall be such as to ensure:

That there is at least one Commissioner with competence in each of the mandated areas;
No two (2) commissioners shall hail from the same county; and
Not more than three commissioners shall be of the same gender.

TENURE

The Commissioners shall serve a term of four (4) years, and may be reappointed for an additional term of 4 years; provided that in no instance shall a commissioner serve more than two terms, whether successive or separate. Service by the Commissioners shall conform to the terms of reference of the appointments, not inconsistent with the provisions of this act.

RESIGNATION AND REMOVAL

A Commissioner shall hold office for the term to which he or she is appointed during good behavior. A Commissioner may however be removed from office by the President for proven misconduct, gross breach of duty, violation of the Code of Conduct for Liberian Public Servants, conviction of a felony, incapacity and incompetence or other proved acts incompatible with the office. Notwithstanding his or her appointment for a specific term, a Commissioner may resign his or her position upon giving thirty days’ notice to the President.

QUORUM

Any three members of the Commission, including the Chairman, or in the absence of the Chairman, the Vice Chairman, shall constitute a quorum for the transaction of business in continuity of the Commission’s mandated activities. Decisions of the Commission shall be made by consensus or by simple majority of the votes of the Commissioners present, where a consensus cannot be reached; and in the event of a tie, the Chairman shall have a casting vote.

APPOINTMENT OF SUCCESSOR

If a commissioner dies, resigns or is removed from office, the President shall appoint, in keeping with the provisions of Section 5.4.1 pertaining to appointment and;

FULL SERVICE;

Each Commissioner shall devote full service to the Commission.

PART VI: DUTIES OF THE CHAIRMAN AND VICE CHAIRMAN SECTION

CHAIRMAN

The Chairman of the Commission shall have the following duties and functions:

qualification, another person in his/her place within thirty days of the event giving rise to the vacancy. Each Commissioner appointed shall serve for the term established in Section 5 above.

Be the head of the Commission and ultimately responsible for the administrative operations of the Commission

Serve as the official spokesman for the Commission; Preside over all meetings of the Commission.

Represent the Commission in all conferences, except where he or she designates any of the Commissioners, or member of the staff to represent the Commission.

VICE CHAIRMAN

The Vice Chairman of the Commission shall be the principal assistant to the Chairman and shall perform all responsibilities of the Chairman in his or her absence or incapacity.

DUTIES OF COMMISSIONERS:

Each Commissioner shall serve and be responsible as both lead resource person and coordinator for each of the mandate area. A Commissioner responsible for a mandate area shall, in consultation with the Chairman, lead in drafting programs and identifying activities; and upon the approval of the Commission, supervise the implementation of such activities.

PART VII: ORGANIZATION AND ADMINISTRATION

The Commission shall exercise executive authority and shall be responsible for the overall supervision and implementation of the Commission’s mandate and execution of its functions.

A Secretariat shall be established to render technical, professional, administrative and clerical assistance to the Commission in pursuit of its mandate. The Secretariat shall be headed by an Executive Director, appointed by the Commission and approved by the President. He/She shall serve as secretary to the Commission and be responsible for the daily administration and operations of the Commission.

The Secretariat shall also be staffed by managers in each mandate area and with such staff as shall be needed to implement the functions of the Commission.

Notwithstanding, the Executive Director in collaboration with the Commissioners and managers for each mandate area shall also perform the following functions:

Plan, budget and execute plans and budgets based upon the Commission’s mandate and the approval of the Commission;

Build advocacy with stakeholders in the mandate areas for the execution of policies and programs;

In consultation with the Ministry of Planning and Economic Affairs or the appropriate ministry/agency develop capacity building programs in support of stakeholders in the respective mandate areas;
Organize the recruitment of staff for approval of the Commission.
Incur an account for revenue and expenditure as stipulated by regulations.

The tenure of Executive Director and the Division Managers shall be based upon annual performance appraisal but may be removed for causes, such as misbehavior, incapacity and incompetence as specified in the Code of Conduct, or if convicted by a court for any criminal offence involving moral turpitude. Removal of the Executive Director and the Division Managers shall be by majority consent of the Commissioners.

PART VIII: FUNDING

The work of the Commission shall be funded by Government and by development partners either as direct technical assistance or as grants or donations

The Commission shall adopt and adhere to a system of sound financial management principles in conformity with financial regulations of the Government of Liberia as well as internationally accepted best practices.

The Commission shall be subject to the annual auditing as prescribed by the General Auditing Commission, and shall within three months as of the end of each fiscal year, submit its financial report to the Legislature and the President and thereafter publish it.

PART IX: REPORTING AND BUDGETING

The Commission shall operate an independent budget and shall submit an annual financial report of its expenditure activities to the Legislature and the President and copies to donor partners who have provided support during the period.

The Commission shall submit annually to the Legislature and the President a report which shall include the assessment of the impact of Government’s initiatives, strategies, and recommendations for promoting good governance.

Notwithstanding, the Commission shall report quarterly to the Legislature and the President on progress made in the pursuance of its Mandate.

The Commission shall submit such and other reports as are requested by the Legislature and as the Chairman shall deem necessary.

PART X: TRANSITIONAL PROVISIONS

The Commission shall be the Successor in mandate to the Governance Reform

Commission (GRC) established pursuant to Article XVI of the signed August 18, 2003 CPA and which mandate was extended through Executive Order No. 2 dated March 6, 2006.

Until the Commission is established and organized, its mandate shall be pursued by and through the Governance Reform Commission. All activities, programs and agreements, MOUs to which the GRC is engaged or bound shall automatically be transferred to and assumed by the Commission.

2.1.2 LAW REFORM COMMISSION ACT (2011)

CHAPTER I: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE

COMMISSION

CHAPTER II: COMPOSITION, APPOINTMENT AND TENURE OF THE

COMMISSION

CHAPTER III: ADMINISTRATION OF THE COMMISSION CHAPTER IV: OPERATIONS OF THE COMMISSION

CHAPTER V: LAW REFORM PROGRAMS AND REPORTS

CHAPTER VI: FINANCIAL PROVISIONS

CHAPTER VII: PERFORMANCE PROTECTION

CHAPTER VIII: EFFECTIVE DATE

AN ACT TO ESTABLISH A LAW REFORM COMMISSION OF LIBERIA

CHAPTER I

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE COMMISSION

Section 1.1 Establishment of the Commission

There is hereby established an independent Commission of the Government to be known and styled the Law Reform Commission of Liberia (LRC).

Section 1.2 Short Title

This law may be cited in short title as The Law Reform Commission Act (2011).

Section 1.3 Existences and Authority of the Law Reform Commission

The Commission shall have perpetual succession and existence. As a legal statutory body, the Commission shall have a common seal and such other insignias and identifying signals as deemed appropriate and as distinguished it from other Governmental bodies and

Commissions. The Commission shall, in the performance of its functions, have the capacity and authority to do the following acts:

Sue and be sued in its name;

Hold, purchase or otherwise acquire, secure, charge, dispose of or alienate movable or immovable property, in the course of and in furtherance of its functions and mandate:

Enter into contracts for the performance and enhancement of its work, including borrowing money in line with the Public Finance Management Act and soliciting grants as may be needed for the achievement of its statutory mandate and for its operations and related purposes;

Issue and publish any and all materials associated with and growing out of its works, including proposed laws, analysis of existing and past laws, court decisions as relate to particular studies, reports from seminars, workshops, research, studies, conferences, interactions, dialogues and like activities. Insofar as relates to the codification and publication of statutes and the Supreme Court Opinions, the Commission shall supplement the work of the Ministry of Justice in the codification of the laws of Liberia and to that effect Chapter 22 of the Executive Law is herewith amended;

Do and perform all other things and acts in furtherance of the provisions of this Act and the mandate of the Commission, and which may be lawfully done or performed by a statutory

body similarly situated in the nature of a Government Commission or generally a Commission of the nature of a Law Commission.

Section 1.4 Objects and Purposes of the Commission

The objects and purposes for which the Law Reform Commission is established shall be to keep under review the laws of Liberia to ensure their systematic development and reform, including, in particular, the unification and codification of the laws, the elimination of anomalies and the generation of consistency and harmony in the law, the repeal of obsolete and unnecessary enactments, and generally the simplification and modernization of all branches of the law.

Section 1.5 Functions of the Commission

Without prejudice to the generality of Section 1.3, the Commission shall perform the following functions:

Receive, consider, review or advance on its own initiative, proposals for the reform of the law that may be made or referred to it by the Senate the House of Representatives, the Executive, the Judiciary or any bodies organizations, institutions, or persons;

Compile research, and undertake the examination of particular branches of the law and the formulation of proposals for their reform;

Prepare comprehensive programs for the consolidation of the law and undertake the drafting of bills pursuant to any proposed programs of reform, and to ensure consistency and eliminate contradictions, overlapping and fragmentations in and of the laws, in the development of the laws, and in the developmental process of the law;

Draw the attention of and solicit comments from the Minister of Justice to any bill if, in the opinion of the Commission, such bill has or is likely to have adverse effect(s) on the country as a whole or on any community, municipality, or section of the country, or in the governance framework;

Provide advice and information to Ministries, agencies and public authorities and corporations of the Government with regard to the reform or amendment of any branch of the law appropriate to the Ministries, agencies, authorities or corporations concerned;

Solicit for funds to support any and all aspects, projects and programs undertaken or to be undertaken, or associated with the Commission’s work:

Promote and facilitate participation by the public in any aspect of the work of the Commission through seminars, workshops, conferences and other public meetings;

Encourage international cooperation in the performance of the functions of the Commission: and

Do such other things as may be conducive and necessary to the attainment of the functions and mandate of the Commission.

Section 1.5-a Coordination of rule of law reform programs

To ensure the proper,, adequate, orderliness, harmony, consistency and coordination in the law reform process and of the rule of law, including particularly the justice sector, all partners, NGOs and other institutions engaged in or wanting to do rule of law work and for purpose of reform of the law and the justice sector shall consult with the Law Reform Commission on all proposals such that their work, proposals and activities are not contrary to the Commission’s undertakings.

Section 1.6 Powers of the Commission

The Commission shall have all the powers necessary or expedient for the proper performance of its functions under this Act; and in particular, the Commission shall have powers to:

Supervise the law reform process of the country and serve as the coordinating arm of the Government for various law reforms desired or being undertaking by various ministries, agencies, political sub-divisions authorities, public corporations and other institutions of the Government:

Provide opinion on any legislation proposed by any branch of the Government or any groups, persons, organizations, institutions or the like:

Control, supervise and administer the assets and funds of the Commission in such manner and for such purpose as best promote the purpose for which the Commission is established;

Receive any grants, gifts, donations or endowments and make legitimate disbursements thereof in the performance of the functions mandated to it by this Act; provided that gifts (of whatever kind or nature), grants, donations and endowments shall be strictly of an official nature and shall be deemed the assets of the Commission. No Commissioner shall receive any gifts or anything of value in his or her personal capacity.

Enter into contracts with other bodies, institutions, organizations and persons, within or outside Liberia as the Commission may consider desirable or appropriate, in effectuation and furtherance of the purposes for which the Commission is established;

Open bank account(s) for the depositing of the funds of the Commission.

1.7 Regulations by the Commission

The Commission shall have the power and authority to make regulations relative to its internal operations and interaction with the external community or persons, and amongst its staff, as follows:

Providing for its publication and dissemination of proposals for law reform and for the manner of the coordination of the reform process to be undertaken by it to ensure consistency and harmony amongst the various branches and components of the law;

Providing for procedure, process, and manner for the conduct of public lectures and debates organized by the Commission relating to matters under review by the Commission or for participation by the Commission in reform matters being conducted by others:

Providing for the conduct of its affairs and the conduct of its meetings and proceedings:

Providing for the manner of its interaction with donor agencies financial institutions, and contributing partners:

Providing generally for the manner of execution of the mandate of this Act;

Providing generally for a code of conduct for the governance of the Commission, the Commissioners, and the Staff of the Commission, consistent with the Code of Conduct for Public Servants and Officials.

Issue such guidelines as may be required for the proper and coordinated approach to the law reform process.

All regulations promulgated by the Commission shall he in furtherance of and consistent with this Act.

CHAPTER II COMPOSITION, APPOINTMENT AND TENURE OF THE COMMISSION

Section 2.1 Composition of the Commission

The Commission shall consist of three Commissioners who shall serve full time with the Commission.

Section 2.2 Appointment of Commissioners

The members of the Commission one of whom shall be the Chairperson and another Vice Chairperson, shall be appointed by the President of Liberia with the advice and consent of the Senate, giving due consideration to gender balance.

Section 2.3 Qualification for Appointment to the Commission

A nominee for membership of the Commission shall be a citizen of Liberia, a Counselor-AtLaw of the Supreme Court for not less than five years prior to his nomination, with demonstrated evidence of practice of law or substantial knowledge of the law, or a professor of law who has demonstrated scholarship or has published one or more scholarly works, locally or internationally, in a recognized journal: or, being a Counselor-at-law, has headed or served in the highest helm of leadership in a highly reputable and scholarly legal institution that is involved in legal research or the practice of law in Liberia, and which has had an existence of not less five years. Before making nominations, the President shall consult with the Liberian National Bar Association, the Louis Arthur Grimes School of Law, the Minister of Justice, and civil society organizations generally to ensure that the nominees meet the qualification requirements, are of good moral and legal standing, and possess the requisite legal proficiency.

Section 2.4 Terms of Office of Members of the Commission

Members of the Commission shall hold office for a term of five years, subject to good behavior, and may be reappointed for an additional five year term, provided, however, that no Commissioner shall serve for more than two terms, and provided further that under no circumstance shall a Commissioner serve for a period of more than ten years, even where the term of a Commissioner forms part of the unfinished term of a Commissioner he/she succeeds. No person above the age of seventy shall be eligible for appointment or reappointment to the Commission.

A successor to a Commissioner, who has ceased to serve in such position for reason of death, removal, resignation, or disability, shall serve for the remaining of the term of the Commissioner being succeeded.

Section 2.5 Vacation from Office

Resignation

Notwithstanding the fixed tenure of service, a Commissioner may resign his or her office upon due written notice to the President. The resignation shall take effect as of the date of receipt or acknowledgement of the letter of resignation by the President.

Removal

The President shall, on the recommendation of the Commission, for good and sufficient cause stated therein, including prolonged sickness or absence, conviction of a felony or misdemeanor, or being otherwise unable or unfit to discharge the duties of a Commissioner, remove a Commissioner from Office.

Death

The President shall, upon the death of a Commissioner and within sixty days thereafter, nominate another to fill the vacancy created by the death; provided that Commissioner filling the vacancy shall only serve the unexpired term, but may upon the expiration of the unexpired term be nominated for a full term as Commissioner.

Procedure for Appointment to Vacancy

The same procedures for appointment shall apply to the filling of any vacancy created by reason of any of the factors listed above.

Section 2.6 Remuneration of Members of the Commission

The members of the Commission shall be paid the same remuneration by way of salaries, allowances, pensions or gratuities, as shall be provided in the Commission’s budget, comparable with other Commissions established by the Government, and which shall be submitted to the legislature for approval and the appropriate budgetary allotment.

CHAPTER III ADMINISTRATION OF THE COMMISSION

Section 3.1 Role of the Chairperson.

The Chairperson shall be the principal representative of the Commission and shall serve as the Chief Executive Officer of the Commissioner and in that capacity shall have authority:

To represent the Commission in its relations with other bodies or persons:

To represent the Commission either personally or through counsel in any legal proceedings to which the Commission is a party:

To sign, individually or jointly with other persons of the Commission especially designated or authorized by the Commission. Contracts concluded by the Commission with another party, or any documents to which the Commission is a party: and

Preside over all meeting of the Commission, including the Administrative Team of the Commission.

Section 3.2 Role of the Vice-Chairperson

The Vice-Chairperson shall, whenever the Chairperson is absent, for whatever reason, act for the Chairperson of the Commission and shall exercise all the powers and perform all the functions conferred on the Chairperson under this Act.

Section 3.3 Appointment of Executive Director to the Commission

There shall be an Executive Director to the Commission, who shall be appointed by the Board of Commissioners. The Executive Director shall be engaged on such terms and conditions of service as the Commission may determine. A nomination for the position of Executive Director shall have the support of not less than a majority of the Commissioners, one of whom must be the Chairperson.

Section 3.4 Qualification for Appointment of Executive Director

To qualify for appointment as Executive Director, a person must be a citizen of Liberia and must have served as a Counsellor of the Supreme Court of Liberia for a period of not less than three years. The Commission shall prepare a job description for the position of Executive Director, including such other qualification criteria as it deems necessary and appropriate, to the holding of such position, which shall be for a term of five years.

Section 3.5 Duties and Functions of the Executive Director

The Executive Director shall be the principal administration of the Commission and shall be responsible for the administration of the Commission, operating under the supervision of the Chairperson of the Commission. The Executive Director shall also be an ex-officio member of the Commission and as such attend and participate in all proceedings and meetings of the Commission, but shall have no right to vote.

The Executive Director shall cause to be kept minutes of the proceedings of the meetings of the Commission and such other records as the Commission and the Chairperson of the Commission may direct, including developing keeping a data base of the Commission regarding all its activities and documentation; and he/she shall perform such other duties as the Commission shall direct or instruct.

Section 3.6 Staff

The Commission shall, upon such terms and conditions as it may determine, appoint such other officers and staff as are necessary for the proper discharge of its functions. The ensure consistency in this undertaking, the Commission shall immediately upon its establishment, promulgate a policy on recruitment, hiring, compensation, promotion, retirement, and such other basic rules to government its personnel.

Section 3.7 Engagement of Consultants and Experts

The Commission, in furtherance of its functions and the mandate provided herein, shall have the authority to engage such consultants and experts to assist it in the researching, studying and analyzing of existing laws, and the formation and crafting of any law reform needed in any and all areas of the law.

Section 3.8 Pension and Staff Funds

The Commission shall establish, control, manage, maintain and contribute to pension or social security funds and/or provident funds for the benefit of the Executive Director and other staff of the Commission and may grant pensions and gratuities from any such fund to the said officers and other staff upon their retirement from the service of the Commission or, as the case may be, to the dependents of any such Executive Director or other member of staff upon his death.

CHAPTER IV

OPERATIONS OF THE COMMISSION

Section 4.1 Meetings of the Commission

Section 4.1.1 The Commission shall meet as a Body as frequently as required but not less than once a week, at such times in places as the Commission may determine. For purposes of the functioning of the Commission, each Commissioner shall be assigned specific task and functions by the Commission, which shall be attended to by him or her daily relative to particular identified sectors for reform.

Section 4.1.2 Quorum

The quorum for a meeting of the Commission shall be not less than a majority of the membership of the Commission.

Section 4.1.3 Presiding Officer

The Chairperson shall preside over every meeting of the Commission at which he or she is present; and in the absence of the Chairperson, the Vice Chairperson shall preside.

Section 4.1.4 Staff Attendance at Commission Meetings

Any meeting of the Commission may be attended by such staff of the Commission or such other person, including consultants, advisors, invited experts, opinionated person, NGOs, and civil society, as the Commission may designated, direct to invite.

Section 4.1.5 Consensus of Majority Required for Decision

Expert as otherwise provided by this Act, a decision of the Commission on any question shall be by a consensus of the Commissioners present and voting at the meeting; Provided that where a consensus cannot be obtained, than a majority of the Commissioners present.

Section 4.2 Delegation to Committees

The Commission may delegate any of its functions to a committee established by the Commission and headed by the Chairperson, Vice Chairperson or other Commissioner.

Section 4.3 Disclosure of Interest

If a person present at a meeting of the Commission or a committee thereof is directly or indirectly interested in a matter under consideration at the meeting, the person shall as soon as reasonably practicable after the commencement of the meeting disclose such interest, and such disclosure shall be recorded in the minutes of the meetings and further, the person shall not take part in any consideration or discussion of, or vote on, any question touching on such matter.

Section 4.4 Public Access to the Records of the Commission

The minutes and records of all concluded proceedings and meetings, and decisions of the

Commission shall be available to the public. However, where a person requests minutes and records of proceedings, meetings and decisions of the Commission the Commission shall make such minutes and records available to the person making the request, the reasonable cost of reproduction to be the person making the request.

CHAPTER V

LAW REFORM PROGRAMS AND REPORTS

Section 5.1 Submission of Law reform Programs and Proposals to the Legislature The Commission shall lay before the Senate and the House of Representatives any program of law reform prepared by the Commission and any proposal for reform formulated by the Commission pursuant to that program. The Commission shall also lay before the Legislature for its action any draft legislation requested of it by the Legislature or the Executive or components thereof, with appropriate recommendations relative to its passage or nonpassage.

Section 5.2 Submission of Reports to the Legislature

Not later than ten (10) days prior to the commencement of a regular session of National Legislature. The Commission shall submit to the Senate and the House of Representatives a report containing a summary of the activities of the Commission during the period since the submission of the Commission of the Commission’s last Report (or in the case of the fire Report of the Commission, since the date of establishment of the Commission). An outline of law reform references and matters currently under examination by the Commission, details of all tasks sent to the Commission by any person or organization, the dispositions made of those tasks and the reasons for each disposition.

Section 5.3 Presentation of Reports to the President and Minister of Justice

Simultaneous with the submission of any Report to the Senate and the House of Representatives, the Commission shall present the same Report to the President of the Republic of Liberia, with a copy thereof to the Minister of Justice.

Section 5.4 Public Access to the Reports of the Commission

Copies of the Reports Submitted to the Senate, the House of Representatives, the President and Minister of Justice shall also subsequently be made available to the Public; except that the Commission may require a person requesting a copy of the Report to pay the reasonable cost of reproduction.

CHAPTER VI

FINANCIAL PROVISIONS

Section 6.1 Funds of the Commission

The funds of the Commission shall consist of:

Such money as shall from time to time be approved by the Legislature in the National Budget for the purposes of the Commission;

Any grants, gifts, donations or other endowments given to the Commission; and

Such moneys as may otherwise vest in or accrue to the Commission in the performance of its function under this Act or under any other law.

Section 6.2 Expenses of the Commission

The expenses of the Commission, including the remuneration and expenses of the Chairperson, Vice Chairperson and Commissioners shall be paid out of the funds of the Commission.

Section 6.3 Bank Deposits

The Commission may place on deposit with such bank or bank as it may determine any moneys not immediately required for the purposes of the Commission.

Section 6.4 Financial Year

The financial year of Commission shall be the same as that of the Liberian Government; except that the first financial year of the Commission shall commence from the date of its establishment and end on the date of that year that the financial year of the Liberian Government ends.

Section 6.5 Annual Estimates

Section .6.5.1 At least three months before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year.

Section 6.5.2 The Annual estimates shall make provision for all estimated expenditure of the Commission for the financial year and in particular, the estimates shall provide for:

The payment of the salaries, allowances and other charges in respect of the Commissioners and the staff of the Commission;

The payment of pensions, gratuities and other charges in respect of the Commissioners and staff of the Commission:

The proper maintenance of the buildings and grounds of the Commission:

The maintenance, repair and replacement of the equipment and other property of the Commission;

The cost of the law reform activities of the Commission; and

The creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Commission may deem appropriate.

Section 6.5.3 The annual estimates shall be approved by the Commission before the commencement of the financial year to which they relate and, shall be submitted to the Bureau of the Budget for inclusion in the National Budget to be submitted to the Legislature for approval.

Section 6.6 Accounts and Audits

Section 6.6.1 The Commission shall cause to be kept all proper books and financial records

of account of the income, expenditure and assets of the Commission.

Section 6.6.2 Within a period of four months from the end of each financial year the Commission shall submit to the Auditor-General or to an auditor appointed by the Auditor General the accounts of the Commission together with:

A statement of the income and expenditure of the Commission during that year;

A statement of the assets and liabilities of the Commission on the last day of that year.

Section 6.6.3 The accounts of the Commission shall be audited and reported upon by the Auditor General or his appointee in accordance with laws of general application, subject to the appropriate accounting standards.

CHAPTER VII PERFORMANCE PROTECTION

Section 7.1 Protection

The Commission shall, in pursuit of its objective and independent performance of its mandate, enjoy protection from unwarranted interference whether in the form of cessation or suspension of its work or any adverse action, by any individual or institution for acts consistent with the mandate of the Commission shall be personally liable for any act or omission done or omitted to be done provided such act or omission is excusable.

CHAPTER VIII

EFFECTIVE DATE

SECTION 8.1 This Act shall take effect immediately upon publication in hand-bill.

ANY LAW TO THE CONTRARY NOTWITHSTANDING

Approved: June 10^th, 2011

Published: June 11^th, 2011

2.1.3 THE LOCAL GOVERNMENT ACT OF 2018

CHAPTER I: GENERAL PROVISION

CHAPTER 2: LOCAL GOVERNMENT POWER AND STRUCTURE

“AN ACT TO REPEAL THE LOCAL GOVERNMENT LAW TITLE 20, LIBERIAN CODES OF LAW’ REVISED AND TO ESTABLISH IN ITS STEAD, A NEW ’TITLE

20, TO BE KNOWN AS THE LOCAL GOVERNMENT ACT OF 2018”

CHAPTER 1: GENERAL PROVISIONS:

To give effect to the Country’s National Policy on Decentralization and

Local Governance;

ensure democratic participation in, and control of, decision-making by the citizenry;
To create and establish democratic, political, administrative and Fiscal structures in local governance; and
To ensure Sources of revenues in support of Local government administration and operations.

Application of the Act

The Local Government Act of 2018 shall apply to all local government structures and functions herein derived from central government to local governments as contained in the Administrative Procedure Manual published by the Minister responsible for local government, except that said Manual Shall confirmed to this Act and those functions that are exclusively reserved for the national government.

Definitions

The following wards, when used in this Act, unless otherwise defined therein shall have the meaning (s):

Administrative District: a political subdivision of a county comprising of chiefdoms.

Administrative District Commissioner: the appointed head of an administrative district in accordance with the standards and procedures established by the Constitution of Liberia and this Act.

Advisory Council: a panel of citizens comprising local opinion leaders appointed at district chiefdom, clan and general town levels to assist the Commissioner or Chief in promoting reconciliation, Administrative and participatory governance.

Affirmative Action: Positive actions taken to increase the representation of women, youth, and persons with disabilities and either marginalized groups in areas such as education, employment, business, and

Borough: A demarcated sub-section of a city.

District Commissioner: the appointed head of an administrative district of a county.

Domicile: the permanent residence of a person in a county where he/she lives at least one yea immediately prior to contesting for a public office.

Elder: an individual other than an elected chief who is acknowledged by the community to be repository cf knowledge of communal values and customs of a given ethnic group.

Fiscal Decentralization: the transfer of certain revenue and expenditure management functions and authority from central to local governments-

Gender Equality: refers to the equal rights, responsibilities and opportunities of women and men and girls and boys,

General Town. a demarcated and delineated sub-area of a clan.

General Town Chief: the elected administrative head of a general town. In this Act, the town chief provided for in Article 55(b) of the Constitution shall mean the same as the General Town Chief referred to in local government administrative structure by the Minister responsible for local government.

Honorarium: fees paid to county, city, township council members and to Local Government Fiscal Board Members in recognition of services rendered.

Internal Audit Secretariat: The Internal Audit Secretariat as established under the Public Financial Management Act of 2009.

Legislature: the lawmaking body of the Republic of Liberia.

Local Government: a sub-national authority organized to share authority with central government.

Local Government Fiscal Board: a body whose membership is appointed by the President that determines and recommends the amount of grant allocations to sub-national governments based on a process that takes into account objective, equitable and measurable factors.

Mayor: the appointed administrative head of a city,

National agency responsible for Land: The central government institution, now or in the future, created and established to implement and right laws, particularly to govern and manage land matters with powers to formulate and implement policies, as well as issue regulations, relating to land governance and administration.

Own source Revenues: revenues defined in taw for local governments to be derived from local tax bases, activities, fees, charges, fines, and local government assets. Paramount Chief: the elected administrative head of a chiefdom,

Person with disability: a person who is physically or mentally challenged.

Statutory District: a political sub-division of a county established by statute and comprising of administrative districts, chiefdoms and clans.

Superintendent: the administrative head and chief executive officer of a county or statutory district appointed by the President.

Town: a locality with a minimum population of five hundred 500 inhabitants.

Township: an urban locality smaller than city, with a minimum population of five thousand (5000) inhabitants and granted a charter by the Legislature.

PART II: Local Government Powers and Structures

Liberia, unitary state, shall be sub-divided into counties for administrative purposes; and counties shall be divided into administrative and statutory districts, cities, townships, boroughs, chiefdoms, clans and general towns.

Powers and Authority of Local Governments

Local Governments shall be responsible for the overall management and development of their respective jurisdictions. They shall exercise administrative fiscal and political authority, give direction to, and supervise administrative, fiscal, political, security and development activities. The central government shall ensure that powers and authority devolved to local governments shall be exercised as envisaged in this Act,

Specifically, local governments shall:

Undertake functions devolved or delegated to counties by central government;
Promote reconciliation, peace and socio-economic development;
Ensure the maintenance of order and security in collaboration with the national security agencies;
Promote good governance in local government administration;
Ensure implementation of and compliance with national government policies;
Make and enforce local policies and ordinances which do not conflict with the laws and policies of the Central Government;
Formulate and county development plans;
Raise local revenues as provided for by law;

Ensure -effective implementation of central government programs, projects and services in the county;

Ensure that programs, projects and services to non-governmental organizations are consistent with central and local governments’ plans;

Assume of functions of central government ministries, agencies and commissions as shall be determined in schedule set in the administrative procedure manual for local governments; and, carry out other functions which may be imposed by law or are incidental to the above.

Powers and Authority of the County Council

A County Council shall be established within each county with the following powers:

Promulgate county ordinances, and regulations for the promotion of peace, unity, reconciliation, maintenance of public order and security, and the de-livery of basic public goods and services, consistent with law;
Impose local taxes, rates, duties, fees and fines within limits prescribed by the

Legislature;

Establish fees to govern the activities of the Council and the administration of the

Council Support Office;

Authorize the issuance of certain licenses and operating permits designated by the legislature;
Approve the anneal county budget;
Approve the county development plan and its implementation;
Recommend to the President through the minister responsible for focal government, the establishment of agencies deemed necessary for the good governance of the county; and Perform such other actions in furtherance of the aforementioned powers cited above.

The Council shall ensure broad-based citizens’ participation in its decision-making on significant; issues of the county such as the annual county budget and county development plan, People’s participation shall be ensured through Town Hali meetings and consultations with citizens.

Remuneration

County Council Members shall be paid an honorarium from the county budget. The Legislature shall set the ceiling for such honorarium every four years.

County Council Support Office:

Each County Council shall maintain a Support Office, to assist the Council to carry out its functions The Support Office shall consist of two support staff: a legal officer, and an administrative officer and
The staff of the County Support Office shall be civil servants recruited according to the Civil Service policies, rules and regulations.

Removal of Council Members:

Removal of a Council Member shall be for cause determined through due process; and by a vote of two thirds of the total membership of the Council

Official Language:

The business of the County Council shall be conducted in the English Language, including sign language when the capacity exists; or in any of the focal language(s) of the County, as determined by the Council, except that the records and written instruments of the Council shall be in the English language.

County Administration:

A County Administration is hereby established in each county.

County administration shall be comprised of the following:

Superintendent who shall be Chief Executive Officer and overall administrator of the county; ii. County Administrative Officer; iii. County Finance Officer; iv. County Development Officer; and
Heads of County Administrative Departments as provided for in this Act.

The positions of Superintendent County Administrative Officer, County Finance Officer, County Development Officer, City Mayor, and Commissioner (Townships and Boroughs) shall be appointed by the President with the consent of the Senate.

The positions of Heads of County Administrative Departments shall be civil service positions, subject to merit-based civil service standards, rules and regulations. They shall be filled through appointment by the Superintendent from a list of eligible candidates submitted by the Civil Service Agency, taking into consideration the goat of promoting equal representation of women and men to such positions; and all personnel of county administrative departments shall also be civil servants subject to merit-based civil service standard rules and regulations. Perform other duties as may be referred by the Superintendent; and Report to the Superintendent.

Development Officer

The County Development Officer shall assist the Superintendent in the implementation of County development projects and programs that shall perform the following duties:

Prepare, through participatory processes, county development plans and programs for submission by the Superintendent to the County Council; ii. Supervise the implementation of county development plans, as approved by the County Council; iii. Prepare implementation status reports on development projects in the County;
Monitor and evaluate development programs implemented by the county and other agencies. Report to the Superintendent.

Heads of County Administrative Departments

Heads of County Administrative Departments shall against the Superintendent in matters relating to their respective departments and shall perform the following duties:

Supervise the affairs of their respective departments within the county; ii. Collect, organize and provide district or county provide data and information in respective. sectors to information planning and administrative decision-making;

iii. Provide information or reports to the County Council on the achievements of the plan and activities for their respective sectors, at the request of the Superintendent or the Council itself; iv. Undertake other assignments given by the Superintendent that are related to their work; and

Report to the Superintendent.

Establishment of County Administrative Departments

Upon coming into force of this Act, each county may gradually establish administrative departments to implement devolved and delegaated functions depending upon individual county needs, capabilities and local financial resources to sustain institutions departments such as:

Department of Planning, Revenue, and Budget;
Department of Land. Environment and Natural Resource Management; III.Department of Administration and Personnel;
Department of Public Works and Utilities;
Department of Health and Social Welfare;
Department of Agriculture and Commerce;

Department of Education and Sports;
Department of Information, Culture and Tourism; and ix. Community Enterprise Development Agency.

Operation of County Administrative Departments

County Administrative Departments shall plan and implement county-wide programs in their respective sectors. They shaft work in collaboration with relevant ministries, agencies and commissions of the central government in the implementation of programs undertaken in the county.

Personnel of Administrative Departments

Each county administrative department shall be headed by a Director, appointed by the

County Superintendent, according to civil service regulations; and

District Administrative Officer (DAO)-Duties and Powers

The District Administrative Officer shall be the principal assistant to the District Commissioner in charge of administrative matters. The duties of the DAO shall be to assist the District Commissioner in:

Administering those affairs of the district;
Coordination of the activities of chiefs in the performance of their duties;

Management of administrative issues such as personnel and procurement;

Preparation of annual performance and/or other reports; and,
Maintaining cordial relationships with members’ district administrative departments.

District Finance Officer (OFO) — Duties and Powers

The District Finance Officer shall assist the District Commissioner in the handling of financial matters of the district; and shall perform the following duties:

Receive, deposit, and secure all funds of the district for administration and development purposes;
Coordinate the development of district budgets in accordance with county budget guidelines and manage the execution of approved budgets of the district;

Keep financial records in accordance with standards and procedures approved by the government;

Prepare periodic financial reports fop the district; and, V. Cooperate with the appropriate audit agencies.

District Development Officer — Duties and Powers

The District Development Officer shall assist the District Commissioner in ensuring the planning and implementation of district development programs and shall perform the following duties,

Supervise district needs assessment, development planning, and projects preparation;
Coordinate development aid within the district;

Supervise district development programs and projects implementation, including monitoring and evaluation and ensure adherence to the goal of promoting women’s rights and gender equality;

Assist in maintaining cordial professional relationships with heeds of county administrative departments;
Coordinate activities of line ministries and agencies implementing activities in

the district;

Coordinate and/or monitor programs and activities of international and local non-governmental agencies working the district; and obtain inputs from the citizens for the

preparation of the plans and budget of the district.

Chiefdom Administration

Paramount, Clan and General Town Chiefs shall continue to play traditional roles in their respective local customs, cultures and traditions; provided however, that those customs, cultures, and traditions are supportive of peace and development, and are not inconsistent with the Constitution and laws of the country. Cultural and tranditional institutions, practices and governance shall fall under the jurisdiction of the Minister responsible for local government. There shall be a Chiefdom Administration constituted as follows: Advisory Council, Paramount Chief, Chiefdom Clerk and Chiefdom Office Assistant/Messenger.

Clan Administration

There shall be Clan Administration constituted as follow; Advisory Council, Clan Chief, Clan Clerk and Clan Office Assistant/Messenger.

Clan Advisory Council

The Clan Advisory Council shall be citizens appointed by the Clan Chief in consultation with the clan chiefs and elders of the Clan. The Council shall be limited to five {5) members who shall work without pay and shall comprise of elders, youth, women and other prominent citizens. The functions of the Council shall be to:

Advise a governance, development, peace, security and reconciliation; and,
Participate meetings and other activities organized for the general wellbeing of the citizenry.

Clan chief: The Clan Chief Shall perform the following duties:

Promote peace, reconciliation and development;
Advise on governance and the overall security
Coordinate implementation of development projects and programs in the clan; and
Report to the Paramount Chief on the status of the clan.

Clan Clerk:

The Clan Clerk Shall be the principal assistant to the Chief in the administration of the clan and shall undertake the following duties:

Assist in the implementation of development activities in the clan;
Main track records of finance, administrative and development activities; and III.Prepare reports for the Clan Chief.

Office Assistant/Messenger

The Clan Chief Office Assistant shall be the general purpose assistant in the office of the

Clan Chief and shall undertake the following duties;

Receipt, sorting out and delivery of letters, documents and reports;
Reproduction, compilation and fifing of documents;
Office maintenance and general errands of the Clan Chief Office;
Attend to guests of the Clan Chief; and
Perform other duties as may be assigned.

Clan Headquarters

Each clan shall have a permanent headquarters which include an office and residence. The Clan Advisory Council shaft facilitate consultation with the citizens and shall approve the location of the Clan Headquarters,

Town Administration

There shall be a Town Administration constituted as follows: Town Advisory Council, Clan Chief, Clan Clerk and Town Office Assistant/Messenger.

Town Advisory Council

The Town Advisory Council shall be citizens appointed by the Town Chief in consultation with the quarter chiefs and eiders of the Town. The Council shall be limited to five (5) members who shall work without pay and shall comprise of elders, youth, women and other prominent citizens. The functions of the Council shall be to:

Advise on governance, development] peace, security and reconciliation; and
Participate in meetings and other activities organized the general wellbeing of the citizenry.

Town Chief

The Town Chief in this Act mean the local official provided for Article 56(b) of the Constitution and shall mean the same as the General Town Chief referred to by the Minister responsible for local government, He/she shall perform the following duties:

Promote peace, reconciliation and development;
Advise on governance and the overall security;
coordinate implementation of developmentprojects and programs in the clan; and,
Report to the Clan Chief on the status of the Town.

Town Clerk

The town Clerk shall be the principal assistant to the town Chief in the administration of the town and shall undertake the following duties:

Assist in the implementation of development activities in the Town;
Maintain records of finance, administrative and development activities;
Prepare reports for the Town Chief; and
Perform other duties as may be assigned.

Election of Chiefs

Paramount, Clan and Town Chiefs be non-partisan and shall be elected in accordance with the Constitution. A candidate shall not present himself or herself as a political party candidate nor campaign on a political party platform.

Provisional Appointment of Chiefs

Pending appropriate conditions for enforcement of the Constitution regarding election of chiefs, the elders and members of the chiefdoms, clans and towns, in accordance with their tradition’s, shall recommend to the Minister responsible for Local Government, through the County Superintendent, for the appointment of individuals to perform the duties and functions of chiefs except that such appointees shall be designated as Acting Chiefs.

Cities, Townships and Boroughs

National Capital: Monrovia shall be the national capital of Liberia.

Counties Capital Cities

As of the entry into force of this Act the existing county capitals other county capital that may be created in the future are designated as cities.

Other Cities, Townships, Boroughs

Existing cities, other than the national and county capitals, and townships ï and boroughs shall continue to enjoy their legal status under this Act. However, the minister responsible for local government shall report to the Legislature on the status of each such city, township and borough seven years following the passage of this Act for the purpose of reaffirmation. Cities that will not meet the criteria set in this Act shall be relegated to a town status.

Criteria for Chartering a City:

Upon the passage of this Act, the National Legislature shall ensure that the following minimum criteria are met for the establishment of cities:

A population of 10,000 people;
Basic essential utilities for proper human settlement—electricity, pipe-borne water system, sewage service;
Waste collection and disposal;
Educational services, particularly primary to secondary schools;
Health services, including clinics, and/or health centers;
Sports and recreational Facilities;
Zoning into demarcated wards;
Cemetery;
Streets and transportation infrastructure;
Transportation services and communication infrastructure; and xi. Business including- financial services and shops; and hotels, restaurants and other hospitality facilities.

Townships and Boroughs

Upon the passage of this Act, the National Legislature shall ensure that the following minimum criteria are met for the establishment of townships and boroughs:

A minimum population of 5,000 people;
Waste collection and disposal;
. Educational services, particularly primary and junior-high school;
Health clinics;
Sports and recreation facility; Cemetery:
Transportation infrastructure; Transportation services and communication infrastructure; and Business services, including motels, restaurants, and shops.

Membership of City and Township and Borough Councils

For purposes of representation on councils, and for the provision of services, cities, townships and boroughs shall be demarcated into wards. Representation on the council of cities, Townships and boroughs shall be by wards.

The governance of cities be vested in a city council with membership comprising of not less than seven (7) persons;
The governance of townships shall be vested in a township council with membership comprising of not less than five (5) parsons;

Appointment of Mayors, Township Commissioners, Borough Administrators, and Council Members:

City Mayors and Commissioners of townships and boroughs shall be appointed by the President with the consent of the Senate. They shall report to their respective Councils and to the Superintendents of the counties in which their cities, township and boroughs are located; it, The Mayor of Monrovia, the national capital city, shall report to the Monrovia City Council and to the President of Liberia; and, of City, Township and Borough councils shall be selected by the residents of the wards established in said city, township and borough such that every ward is represented on the council.

Qualifications for City Mayor, Township Commissioner and Borough Administrators City Mayor, Borough or Township Commissioner shall meet the following eligibility requirements:

Must be a Liberian citizen;

Must have attained the age of not less than twenty-five (25) years; iii. Must be domiciled in the City or Township far at least one year immediately to the date of appointment;

Must not have been convicted of a criminal offense;
Must have obtained a first degree from an accredited college or university, except for Township

Commissioners, who must have obtained an associate degree or high school West African

Examinations Certificate; and must not have any outstanding past due tax obligation.

An aspirant far the of city, township and borough council member shall meet the following eligibility requirements:

Must be a Liberian citizen
Have attained the age of twenty-five (25} years;

Be domiciled the city or township for at least one year immediately prior to the date of selection;

Must not have been convicted of criminal offense;
Must have obtained the minimum of high school diploma and certificate; Must not have any outstanding past due tax obligations. Council Meetings.

A City, Township or Borough Council Shall meet at least once every three months in regular sessions or in special and emergency sessions as situations may warrant from time to time.

Tenure of Office Holders

Members of the respective council shall hold office for a term of four (4) years and shall be eligible for reelection for an additional term and no more.

Removal of Council Members

Removal of a Member of City or Township Council Shall be by vote of members of the council and shall be for cause consistent with the charters creating the cities and townships; and vacancy within a Council shall be submitted to the minister responsible for local government and disseminated to their respective County Councils.

Council Funding

The Minister responsible for local government shall ensure that there is an annual budgetary item or the operations of the National Council of Chiefs. Members of the Council shall be paid an honorarium for their participation in bi-annual end emergency meetings. The minister shall get the ceiling for such honorarium.

Council Support Office Functions and Structure

A Council Support Office is hereby established to assist the National Council of Chiefs to carry out its functions.

The Council Support Office shall be responsible to’.

Provide technical, administrative and financial services support and overall coordination of the affairs of the Council;
Assist the Council in the conduct of its affairs; and ensure transparent and accountable use of the financier logistics and other resources allocated to the Council;

Liaise with stakeholders and the Minister responsible for local government on all matters of the Council;

Serve as custodian of records of the National Council; and prepare draft programs and project documents including annual work plans and operational budgets; and, V.Prepare reports.

Structure of the Council Support Office

The structure of the Council Support office shall consist of a Principle Director who shall serve as executive head of the office, with three divisions of which two shall be headed by two Policy Analysts (1 for Culture and Traditional Affairs, and 1 for Peace building and National Reconciliation); and one Finance Officer responsible for financial management. The office shall also be supported by a 5 person lower-level office staff. Employees of the County Support Office shall be civil servants recruited according to the Civil Service rules and regulations.

Location of Council Support Office

The Support Office of the National Council of Chiefs shall be located in Monrovia under the supervision of the Minister responsible for local government. The agency responsible to administer collection of real property tax shall continue to collect said tax for Focal administer collection of real property tax shall continue to collect said tax for Focal

The agency responsible to administer real property tax shall make a monthly report revenue collected to the Minister responsible for Finance and to the counties. Subsequent to that report, the funds be transferred to the respective county revenue fund;

With the establishment of county administrations, the reports or property conveyances and deeds submitted to the Minister responsible for Finance on the first of each month as per the Revenue Code of Liberia shall also be submitted to the respective county governments on the same day;
The Legislature shall adopt a plan to transfer the administration and collection of the property taxes to the county property tax office within five [5) years of the establishment of county local governments;
The Central Government, represented the Minister responsible for finance shall develop during this five-year period, the capacity of counties to take over the collection of the property taxes;

During this five-year transition period, counties, cities, townships and boroughs shall collaborate with the agency responsible to administer properly tax with relevant information on properties, owners, and other parameters to be defined, the aim shall be to develop an automated property tax base, thereby improving revenue collection performance for real property tax in their respective jurisdictions, in preparation of the transfer of collection authority. The mechanisms and format for this transmission or sharing of this information shall be defined by the agency responsible for tax administration; and
As required, amendments to the relevant sections of the Revenue Code of Liberia shall be made to ensure implementation of the real property tax and income there from for county, city, township and borough governments

Business Licenses and Permits

Counties, cities, townships and boroughs Shall elect fees for issuance of annual business licenses -and operating permits, regulated under the Revenue Code of Liberia for individuals who practice a profession, or for operating trades or businesses. These shall include;

Practicing fees paid by accountants, lawyers, pharmacists, surveyors, building contractors, engineers, etc.
Operation of cinemas, bars, night clubs, musical and places of entertainment;
Operation of retail businesses such as shops, stores, supermarkets, bakeries, restaurants ‘cook shops “tea shops” hotels, motels, barber shops, liquor retailers, local alcohol distilleries and breweries, motor vehicle repair garages, dry cleaners, building materials, etc.;
Licensing of small canoes and attendant fishing gears;
Operation of car wash lots;
Operation of power chain saws for extraction of timbers;
Operation of slaughterhouses
Operation of motorbikes commonly ceiled “Pem-Pems”; I. Community radio/television stations, newspapers, etc.

The rates these charges shall be set by the respective local councils and the local rates adopted. The rates of these charges shall be set by the respective local councils and the local rates adopted shall be pasted in public places in county capitals as well as cities and townships;

Each county, city and township council shall determine the means of collection of these charges. The collection may be outsourced in accordance with the relevant provisions of the Public Procurement and Concessions Act.

Revenues from Rental of Assets

City and township governments may raise revenues from the rental of public facilities such as: Administrative hails; School Buildings; Soccer and other sports stadiums; Gymnasiums; and, Other recreational\ faculties,

The rental of these facilities shall not interfere with their main purpose to serve far the provision of public services and access.

Fees and Charges for Provision of Delegated Services

County governments shall provide services on behalf of central government ministries or agencies and shall collect fees and charges for the of these services, which may but not limited to: registration and issuance of birth certificates and death certificate
registration and issuance of certificates;
reproduction of public records and documents; land registration;
construction permits; tribal land registries; and Certification of traditional herbalists.
The rates of these fees charges -Shall be set by the ministry responsible for finance in consultation with the respective delegating ministry or agency, and posted visibly and publicly in the place where the respective services are provided;
Each delegating ministry agency shall also provide via regulation the respective protocols, standards and requirement for providing the services that are delegated.

Fines

County, city and township governments may levy fines for violator of their ordinances.
The Minister responsible for Finance, in consultation with the Minister responsible for Local government shall provide guidance and standards for the development of these fines.
The rates of county, city and township fines as adopted by the respective local government council shall be posted in public places in county capitals as well as in cities and townships.

Transfers and Grants from Central Government

Counties, cities and townships Shall receive the following transfers and grants from the central government:

Earmarked Transfer for devolved functions:

The central government shall establish transfers for counties, cities and townships to finance functions and responsibilities devolved from central government;
Transparent and equitable allocation formula for each sector {or which functions are devolved shall be developed by the local Government Fiscal Board, and the criteria for each sector formula linked the specific parameters of the function being devolved; and
Respective sector ministries and agencies will be required to provide detailed and accurate data for the respective devolved functions on current funding levels and other information for each county city township.

Earmarked Transfers for Delegated Functions:

The Central government shall ensure that the resources to carry out delegated functions is made available to counties, cities and townships; and

Respective sector ministries will be required to provide detail data and accuracy cost to implement delegated functions for each county, city and township.

County Social Development Fund

The central government transfer to county governments by the operation of concessions, the annual contribution agreed on the concession agreements signed between the companies and the government of Liberia.

Obligation to Ensure Timely Transfer of Funds

Upon the adoption of the of the national budget, the minister responsible for finance shall issue a regulation with the timetable for transferring the various funds and grants to counties, cities and township over the course of the fiscal year.

Funding of sub-County Structures

The county budget should include budget support for local administration and local development project support to districts, chiefdoms, clan and general town; and
The conformity with the budget guidelines issued by the Minister responsible for finance, the County finance office will provide detailed guidelines for budget preparation for districts and chiefdoms, and subsequent submission to the county for purpose of inclusion in the county budget and final approval by the county council. District commissioner and paramount chiefs will prepare their budgets in accordance with guidelines issued.

External Grants from Donor Community

County, city and township governments shall access fiscal resources from the donor community for specific

All overdrafts must be repaid in full by the end of each fiscal year; and

No overdrafts may be authorized during the first sixty [601 days of the fiscal year, bal. exceptional circumstances.

Use of Facility

The following shall be conditions under which the facility may be accessed:

Delay in receipt of scheduled transfers from the central government; or
Response to a local emergency or natural disaster requiring access to budget contingency fund.

The minister responsible for finance Shall issue further guidelines for the application process and approved criteria, pricing, oversight, and repayment procedures for county, City and township access to the short term liquidity overdraft facility.

The minister responsible for local government shall be informed of all requests for use of the overdraft facility made by the local governments.

Local Government Fiscal Board

There is hereby established, an autonomous National Local Government Fiscal Board for the purpose of:

Making annual recommendations to the Legislature with copy to the Minister responsible for Finance and the Minister responsible for government of annual grant allocations to counties, cities and townships for the grant funds defined above, and with the objective to ensure that the financing of local government Is equitable and transparent;
Reviewing and commenting on any draft laws / decrees which will have an impact on county, city and township finances, such as transfer of new responsibilities and the associated financing, changes to tax laws, amendments to this Act etc.;
Periodically review and making recommendations to the Legislature on the composition of own source revenues with eventual proposals for sharing of specific national tax revenues to be allocated to counties, cities and townships; and
Carrying out periodic (every 5 year) reviews of the overall local government financing system and making recommendations to the legislature to ensure stable and equitable financing of counties, cities and township

Independence of the Local Government Fiscal Board

The Local Government Fiscal Board shall carry out its analysis and make its proposals to the Legislature independent of the Minister responsible tar Finance, Minister responsible For Local Government, other central government: ministries and agencies and from local governments

Membership of the Local Government Fiscal Board

The Local Government Fiscal Board shall consist of seven [7] members- They shall be appointed by the

President’s from among experts nominated by the;

Minister responsible for Finance (1 member);
Minister responsible for Local Government (1. member);
Director-General of the Civil Service Agency (1 member);
Liberia Institute for Statistics and Geo-Information Services (1 member);
Representative of county superintendents elected by the Superintendents (1 member);
Representative cities selected by the City Mayors (1 member); and
Representative of townships selected by the Township Commissioners (1 member)

The county government shall establish an Aid Coordination unit under the office of the County Development Officer. The functions of this Unit shall include:

Registration of the development partners operating jn the county;
Development of a database of development activities by sector and location in the county;
Harmonizing interventions by development and implementing partners with county development plans and budgets,
Ensure that agreed program activities to be implemented are in conformity with the priorities stipulated the approved County Development Agenda;
Ensuring that recurrent implications of development interventions are budgeted and accounted for to ensure sustainability; and
Preparing an annual report to be reviewed by the County Council for onward transmission to the National Aid Coordination unit in the ministry responsible for finance.

Financial Management

The public management for the devolved local government structures shall be subject to the existing taws such as the Public Finance Management Act, 2009. The management of public finances of counties, cities, townships and boroughs shall guide by principles of accountability, unity of the budget, and balanced budget.

Unity of the Budget

County’s city, township and borough budget is the instrument for approving the annual estimates of respective local government revenues and expenditures; and

Annual budget estimates Shall be in a single document and adopted by an annual budget ordinance, including both recurrent and capital expenditures;

Balanced Budget

In the budget, expenditure outflows shall be balanced by revenues and shall not include financial inflows such as borrowing; and

Recourse to the short-term liquidity overdraft facility shall not be budgeted and any funds obtained from the facility shall be repaid within the respective fiscal year.

There shall be no expenditure activities outside of an approved budget, except in cases of emergencies. However, emergency expenditures outside of the budget must be approved under regulations issued by the Minister of responsible for finance in consultation with the minister responsible for local government and the Chairman of the Public Procurement and Concessions Commission

Revenue Fund

Revenue Funds shall be established for county, City, township and boroughs.

Revenues received by counties, cities and townships, pursuant to this Act shall be deposited into the Revenue Fund; ii. The finance officer has the authority to manage the Revenue Fund to allow for an effective and efficient cash management; and iii. The functioning and rules which govern the Revenue Fund shall be further specified by regulations to be issued by the Minister responsible for Finance.

Financial Year Internal Audit unit

There shall be an Internal Audit Unit established by the Internal Audit Secretariat each county, city and township, which shall comprise at least one (1) Interne! Auditor, Further organization of the Internal Audit Unit Should be determined by the internal Audit Secretariat.

Contracts and Procurement

All purchases of goods and services from suppliers, including capital investments shall comply with the provisions prescribed in the Public Procurement and Concessions Act of 2005, as amended, and its enabling regulations;
All contracts, including those established through the simplified Local Purchase Order mechanism shall be considered commitments of the government.

All contracts should as closely as possible be reflected in the annual procurement plan of the local government, as required by the Public Procurement and Concessions Act; and

The Public Procurement and Concessions Commission shah prepare additional regulations and guidance for procurement by local governments.

Outsourcing of Certain Services

To reduce recurrent costs and enable the local government to focus or its core business, local government shall outsource certain category of jobs as services, janitorial services, gardening and landscaping, carpentry, plumbing, electrical and mechanical services tile/carpet laying, cooking, painting, bricklaying, roofing, and general laboring, These and similar services shall be outsourced to competent individuals or private sector firms through transparent and

competitive processes in compliance with the provisions of the Public

Procurement and Concessions Act and its regulations,

Physical and social infrastructures such as roads, bridges, schools, health facilities, sports and recreation facilities, parks, and conservation reserves;
Delivery of social services, including electricity, water and sanitation, solid waste management, education and health services; sports and recreational services;

Productive activities such as agricultural production;

Capacity building in human and non-human resources; V.Disaster preparedness and response;
Special programs for youth’s women and children, people with disabilities and minority groups; and

Promotion of peace and social cohesion.
The County Development Agenda will incorporate annual work and implementation plans to ensure its realization,

The County Development Agenda shall be approved by the County Council and submitted to the central government through the minister responsible for local government to inform the overall national development agenda.
Annualized components of the County Development Agenda Shall be submitted timely through the minister responsible for local government, to the Minister of Finance and Development Planning for inclusion in the national budget 3 months prior to the end of the current fiscal year.

District Level Development Planning

Under the direction of the County Development Officer, there shall be a planning unit established at the level. The unit shall be responsible for the development of district development plans which shall cover all chiefdoms of the district. Districtwide development plans shall be incorporated in the County Development Agenda.
The district development planning processes shall be similar to those of the county development planning unit.
The Minister responsible for Local Government shaft provide guidelines, including templates for the structure and content of district and county development agendas and annual implementation

Development Planning in Chiefdoms

Development Focal Persons shall be appointed in chiefdoms by the District Commissioner for the purpose of overseeing development planning activities in the chiefdoms. Their primary function shaft be to oversee the collection of relevant development information and ‘data required by the district development units; and
The County Development Unit shall provide capacity building training for district development planning personnel and chiefdom focal persons.

Monitoring and Evaluation

In conformity with the prioritizing of good governance, local governments shall, in collaboration with the Governance Commission, undertake performance monitoring and evaluation of their programs. The Minister for Local Government shall prescribe the frequency, coverage and form which monitoring and evaluations shall take. b. Specifically, government shall ensure that:

The physically challenged have access to participation in local government decisionmaking and to user-friendly, physical infrastructures-
The physically challenged have equal access to employment and social services being provided the people;
Local government programs are children-friendly and responsive to the needs of orphans and abandoned children;
Local government programs take into account the needs of the elderly in local communities; and
Local government health services programs attend to the needs of persons mentally challenge

Mobility within the Service

The Civil Service Agency shall issue a standing order to ensure that there is mobility, both vertically and horizontally, within the civil service, allowing for upward career growth, development and movement as well as cross-agency and cross-county-of-origin recruitment, placement, and transfers such that employees, or certain category of employees, of an agency or local government are not predominantly from one gender or region of the country.

Rotational Assignments

The Civil Service Agency shall ensure that civil servants who occupy the following positions in local governments are rotated from one county to another after having served for a period af four (4) years in a particular county:

County Administrative Officer;
County Finance Officer; and
County Development Officer.

Miscellaneous Provisions

Oath of office

All local government officials shall, before taking office, lake a solemn oath affirming their loyalty to the sovereign state of Liberia and pledging that they will uphold the Constitution, the local government end other laws of Liberia, as well as perform the duties and functions that have been assigned to them.

Corporation of Counties, Cities, Townships and Boroughs

Counties, cities and townships shall be established by the Legislature with perpetual succession and common seal and shall have the right to invest in and own real property; levy taxes, fees and charges on residents under delegated authority from the Central Government from which a county, city and township shall fund its budget without prejudice to taxes, fees and other charges imposed by and collected for the central government,

Councils’ Power to Make Bylaws or Adopt Rules

County, city, and township councils shall make bylaws and/or adopt internal rules to govern their operations regarding matters such as procedures for introducing draft regulations and ordinances, debates, attendance of meetings, standing committees, quorums, and voting, provided that such bylaws and/or internal rules are not inconsistent with the Constitution, this Act, and other enacted laws of the country, or their own ordinances.

Minister to provide Guidelines for and By-Laws

The Minister responsible for Local Government, in consultation and collaboration with other relevant center! government officials, provide guidelines, including templates to facilitate county, city, and township councils to develop by-laws or internal operating procedures.

2.1.4 THE CODE OF CONDUCT OF 2014

PART I: INTERPRETATION

PART II: APPLICATION OF THE CODE OF CONDUCT

PART III: PRINCIPLES OF GOOD CONDUCT

PART IV: CONSTITUTIONAL, CIVIC RESPONSIBILITIES AND PROFESSIONALISM

PART V: POLITICAL PARTICIPATION

PART VI: DISCLOSURE OF INFORMATION AND RELEASE OF CLASSIFIED MATERIALS

PART VII: INTERACTING WITH THE PUBLIC

PART VIII: USE OF PUBLIC FUNDS, PROPERTIES AND FACILITIES

PART IX: GIFTS, BRIBES AND CONFLICT OF INTEREST

PART X: DECLARATION AND REGISTRATION OF PERSONAL INTERESTS,

ASSETS AND PERFORMANCE/FINANCIAL BONDS

PART XI: PERSONAL BEHAVIOR AND WORK ETHIC

PART XII: THE CREATION OF THE OFFICE OF OMBUDSMAN

PART XIII: THE RESPONSIBILITY OF PUBLIC SERVANTS TO REPORTING

WRONG DOINGS

PART XIV: INFRINGEMENT OF THE CODE

PART XV: SANCTIONS

PART XVI: PROCEDURES AND REPORTING VIOLATIONS

PART XVII: CRIMINAL OFFENCES

PART XVIII: REWARDS

PART XIX: OBLIGATION OF GOVERNMENT

PART XX: SIGNING OF THE CODE OF CONDUCT

AN ACT OF LEGISLATURE PRESCRIBING CODE OF CONDUCT FOR PUBLIC OFFICIAL FOR ALL PUBLIC OFFICIALS AND EMPLOYEES OF THE

GOVERNMENT OF THE REPUBLIC OF LIBERIA

I: PREAMBLE

Whereas, Chapter 11, Article 90 of the 1986 Constitution of Liberia stipulates the following provisions:

No person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest.

No person holding public office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by Government.

The Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all public officials and employees; stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof.

Whereas, the essence of governance is the integrity of the public service, as delivered and rendered by Public Officials and Employees of Government; and since their activities account for a majority of the work of government and have extensive influence over the lives of the people;

Whereas, in view of the role and influence of Public Officials and Employees of Government, it is expected that these persons exhibit high moral character and integrity; be law-abiding and committed persons who show proper care for public assets, behave ethically and discharge his or her duties and responsibilities impartially, efficiently and effectively with diligence and dignity;

Whereas, the high degree of integrity expected of Public Officials and Employees of Government is outlined in Article 90(c) of the 1986 Constitution of the Republic of Liberia, which provides that “The Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof.”;

Whereas, this Code of Conduct has been developed pursuant to both this constitutional requirement and the tenets of “Good Governance” for the creation of a diligent and disciplined corps of Public Officials and Employees of Government;

Whereas, the purpose of the Code of Conduct is, to set out standards of behavior, and conduct required of Public Officials and Employees of Government, it shall guide, regulate and ensure compliance with the norms and behaviors required of all Public Officials and Employees of Government. It is designed and shall be implemented, to ensure impartiality, objectivity, transparency, integrity, efficiency and effectiveness in the performance of their duties and mandates.

PART I. INTERPRETATION

Section 1.2 This Act may be cited as the Code of Conduct of 2014.

Section 1. 3: In this Code, unless the context otherwise requires, the following words and phrases shall have the meaning(s) ascribed to them in this Section.

Assets: refer to movable and/or immovable property, including cash and investments.

Bribery: means any reward or inducement paid to a Public Official or Employee of Government for doing or forbearing to do anything in respect of any matter or transaction within the scope of their official duties. It is anything promised, offered, given, accepted or received by a Public Official and Employee of Government for or on account of favor given or to be given in the exercise of his or her official duties, and includes what is known widely in local terminology as “cold water” or “eating”.

A person has committed bribery if:

He or she directly or indirectly promises, offers, or gives a benefit or reward to a public official or one who occupies any position of trust in any public or private entity in order that the official, person or entity acts or refrains from acting in the exercise of his or her official duties in violation of the trust reposed in him or her; or

he or she directly or indirectly solicits or accepts any undue advantage for himself or herself or for another person or entity, in order that he or she or the other person or entity acts or refrains from acting in the exercise of his or her official duties, in violation of the trust reposed in him or her by virtue of his or her office.

Casual Gifts: any unsolicited present or gift, of a modest scale given to a Public Official or Employee of Government which is not connected to their official duties, which does not exceed US$200.00 in value. This provision shall not apply to gifts given during cultural and customary celebrations.

Code: Means the Code of Conduct for all Public Officials and Employees of the Government of the Republic of Liberia.

Conduct: means any behavior, action or inaction exhibited by Public Officials and Government Employees within and outside the work environment.

Conflict of Interest: is when a public official, contrary to official obligations and duties to act for the benefit of the public, exploits a relationship for personal benefit.

Covered Executive Branch Official: means the President and designated staff of the Office of the President, and the Vice President and designated staff of the Office of the Vice President.

Covered Legislative Branch Official: means a member of either House of the Legislature, any employee of, or any other individual functioning in the capacity as an employee in the Legislative Branch. This includes committee members, leadership staff, and administrative staff.

Employee of Government: means a person working in Government, whose duty it is to render service under the direction of a Public Official or head of a department.

Employer: means the Government of Liberia, any of its agencies and entities, and includes any contractor employed in the service of or on behalf of the Government.

Ethics: means moral principles, dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the rights and wrongs of the motives and ends of such actions.

Family Member: means the spouse, biological or adopted children, parents, siblings and members of the household of public officials and employees of government who depend on them for their livelihood.

Interdiction: means the temporary stopping of a Public Official and an Employee of Government from exercising the powers and functions of his or her office to pave way for the investigation of a case.

Lobbying: The act of positively influencing government leaders to create legislation (s) or conduct activities to help a national cause or objective. People who do lobbying are called lobbyists. The act of lobbying is a part of effective public disclosure of the identity and extent of the efforts of a lobbyist to positively influence the conduct of Governmental action(s), which increase public confidence in the integrity of Government.

Lobbying Contact: means any oral or written communication (including an electronic communication) to a Covered Executive Branch Official or a Covered Legislative Branch Official that is made on behalf of a client with regard to assistance in the formulation, modification, or adoption of any law, legislation, or legislative proposals, and the formulation, modification, or adoption of a rule, regulation, Executive Order, or any other program, policy, or position of the Liberian Government.

Nepotism: when a public official appoints, employs, promotes, or recommends for advancement family members in any agency of Government or branch of Government in which he/she works

Ombudsman: means someone or a group of persons appointed or authorized by the President of the Republic of Liberia and confirmed by the Senate to enforce, oversee, monitor and evaluate adherence to the Code of Conduct. Such individual or group of persons shall receive and investigate complaints against Public Officials, Employees of Government and national institutions.

Professional Code: means the code that applies to a specific profession in public service.

Public Office: means an office used in the service of Government or the people.

Public Official: means any elected or appointed person holding a public office, and having duties relating to the sovereign powers of Government.

Relative: means, with respect to a Public Official, any individual who is related to the public official as father, mother, son, daughter, brother, sister, husband and wife.

Responsible Officer: means the head of any Ministry, agency or entity of Government, or any subdivision thereof, under which one or more Employees of Government work.

Service User/Recipient: means any person who interacts with or is serviced by Public Officials or Employees of Government, that needs, receives or uses services delivered in the normal course of the performance of their official duties.

Sexual Harassment: means any unwelcomed sexual behavior by a Public Official or Employee of Government towards any sex.

Token Gifts: include souvenirs, mementos or symbolic items given to a Public Official or Employee of Government which does not exceed US$250 in value.

PART II: APPLICATION OF THE CODE OF CONDUCT

The Code of Conduct is applicable to all Public Officials and Employees of the three branches of Government of Liberia, its parastatal bodies and any other agency/organization it deals with.

The Code shall be reinforced by professional codes of conduct.

PART III: PRINCIPLES OF GOOD CONDUCT

This Code of Conduct has been developed by incorporating the following universally accepted principles of good conduct:

3.1 Selflessness: All Public Officials and Employees of Government in the course of their official duties shall take decisions solely in the interest of the public good.

3.2 Integrity: Public Officials and Employees of Government shall not place themselves under any financial obligations or other situations of conflict that impair, or are likely to impair, the performance of their official duties; and will set out the facts and relevant issues truthfully, and correct any errors as soon as possible. They shall use allotted resources only for the authorized public purposes for which they are provided.

3.3 Diligence: A Public Official and an Employee of Government shall apply his or her efforts to the performance of his or her work, use available time in a judicious, productive and efficient way, and complete assigned duties and responsibilities in a timely manner.

3.4 Objectivity (Justice and Fairness): In carrying out public functions, including making appointments, promotions, awarding contracts or recommending individuals for rewards and benefits, all Public Officials and Employees of Government shall make choices based solely on merit as defined by public policy and law.

3.5 Accountability: All Public Officials and Employees of Government shall be held personally responsible and liable, for his or her own acts of commission or omissions, done either mistakenly or deliberately, or which evidence gross negligence or result in substantial damage or injury to the Government and/or against the public interest. All Public Officials and Employees of Government shall obey all lawful instructions issued to him or her by their supervisors and shall decline to obey orders he or she knows or ought to know to be wrong or unlawful.

3.6 Openness (Transparency): All Public Officials and Employees of Government shall be as open as possible, regarding all the decisions and actions that he or she takes. He or she shall give reasons for taking decisions and release information consistent with the Freedom of Information Act. He or she shall follow established rules and procedures for delivery of services to the public.

3.7 Honesty: All Public Officials and Employees of Government have a duty to declare any private interests relating to his or her duties and shall, in a way that protects the public interest, take steps to prevent any conflicts which may arise; and shall not deceive, knowingly mislead others, or be influenced by improper means for the purpose of obtaining personal gain or giving undue advantage to others.

3.8 Non-Discrimination: Every Public Official and Employee of Government shall respect the human dignity and human rights of all persons without discrimination on the basis of race, sex, marital status, nationality, ethnic or national origin, physical, intellectual or other impairment on religious or political conviction or ideology.

3.9 Discipline: All Public Officials and Employees of Government shall adhere strictly to the Standing Orders of the Civil Service, this Code of Conduct, other professional codes of conduct, and any other laws or policies, and shall also ensure that his or her subordinates do the same, and shall obey all lawful instructions issued to them by their superiors

3.10 Loyalty: All Public Officials and Employees of Government shall be faithful to the

people and Government of Liberia and be supportive of Government’s policies, plans and programs. He or she shall show respect for constituted authority and the country at large at all times and perform his or her duties in the most courteous, efficient and effective manner.

3.11 Confidentiality: Public Officials and Employees of Government shall not divulge classified confidential information, as defined by the Freedom of Information Act, obtained in the course of his or her work to anyone other than persons duly authorized to receive the information. He or she shall exercise due caution and discretion in handling confidential information. This caution and discretion shall extend to disclosures made both inside and outside the Government.

3.12 Leadership: All Public Officials and Employees of Government shall strive to excel in all his or her endeavors, be a role model to others and encourage them to follow in his or her footsteps; and shall promote and support the above principles of good leadership by example.

3.13 Professionalism: All Public Officials and Employees of Government shall adhere to this Code of conduct and all other professional codes of conduct, and demonstrate a high degree of competence, and standards required by his or her given profession.

3.14 Merit System: All Public Officials and Employees of Government shall hire and promote employees and officers based on the individual’s competence and worth, rather than on political considerations.

PART IV: CONSTITUTIONAL, CIVIC RESPONSIBILITIES AND

PROFESSIONALISM

4.1 Responsibility to the State and the Public Service:

All Public Officials and Employees of Government have constitutional and civic responsibilities as outlined below which are over and above the good conduct and ethical issues contained in Part 1 of this Code of Conduct. He or she therefore shall uphold the Constitution and abide by laws, statutes, rules and regulations of the Republic of Liberia. He or she shall ensure that his or her personal interests do not interfere with the interest of the public.

4.2 Respect for Laws of the State

All Public Officials and Employees of Government shall uphold all laws, lawful instructions, decisions and policies off the State, faithfully and impartially to the best of his or her ability.

4.3 Maintaining Dignity of the Public Service

All Public Officials and Employees of Government shall exhibit good conduct at all times, both at work and off-duty. He or she shall be honest, faithful and just, and shall not act in a manner against the honor or dignity of the public service.

4.4 Support for Vulnerable and the Physically Challenged

All Public Officials and Employees of Government shall fully support and effectively implement government policies and programs on affirmative actions designed in favor of vulnerable and physically challenged persons or groups marginalized on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist.

4.5 Efficiency and Effectiveness

All Public Officials and Employees of Government shall faithfully, effectively and efficiently implement the policies of Government with transparency. In the performance of official duties, he or she shall exercise proper due diligence, care and attention and maintain high standards of performance.

4.6 Confidence in Government

All Public Officials and Employees of Government shall act professionally and impartially at all time to promote and sustain public confidence in Government.

4.7 Care of State Property

All Public Officials and Employees of Government shall protect all properties of the State against damage, theft, loss, destruction and abuse, and where applicable, administer resources in the most effective and efficient manner in compliance with the Public Financial Management Act and other financial regulations and the Public Procurement and Concessions Act, to secure the purposes for which resources have been allocated. He or she shall not use public resources to gain personal benefit or give undue advantage to his or her relatives, other individuals or group of individuals.

4.8 Giving Advice

Every Public Official and Employee of Government shall provide his or her superior(s), advice which is frank, accurate and comprehensive. The advice shall include setting out identifiable advantages, disadvantages, costs and consequences of the available options and where appropriate, recommending a particular course of action which he or she considers to be cost effective and in the best interest of the State.

9 Conflict between personal belief and Public Duties

Where a Public Official or an Employee of Government holds strong personal beliefs on issues that conflict with his or her official duties, he or she shall, regardless of his or her personal views, implement the Government policy to the best of his or her ability and shall do nothing to circumvent or undermine the policies; or he or she shall resign.

Respect for Other’s Rights

All Public Officials and Employees of Government shall treat members of the public and other Public Officials and Employees of Government honestly and fairly, and with proper regard for the other person’s rights and obligations.

Representation of Local or Foreign Governments, NGOs, etc.

Public Officials and Employees of Government shall not represent neither advise nor serve as an agent of any foreign government or NGO.

PART V: POLITICAL PARTICIPATION

5.1 All Officials appointed by the President of the Republic of Liberia shall not:

engage in political activities, canvass or contest for elected offices;
use Government facilities, equipment or resources in support of partisan or political activities;
serve on a campaign team of any political party, or the campaign of any independent candidate.

5.2 Wherein, any person in the category stated above, desires to canvass or contest for an elective public position, the following shall apply;

Any Minister, Deputy Minister, Director-General, Managing Director and

Superintendent appointed by the President pursuant to article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors, who desires to contest for public elective office shall resign said post at least two (2) years prior to the date of such public elections;

Any other official appointed by the President who holds a tenured position and desires to contest for public elective office shall resign said post three (3) years prior to the date of such public elections;

However, in the case of impeachment, death, resignation or disability of an elected official, any official listed above, desirous of canvassing or contesting to fill such position must resign said position within thirty days following the declaration by the National Elections Commission of the vacancy.

It is unlawful for any public official to intimidate, threaten, or coerce, or to attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other persons to vote or not to vote as he may choose, or of causing such other persons to vote for, or not to vote for, any candidate for any elected public office.

It is unlawful for any public official, directly or indirectly, to promise any employment, position, work, compensation, or other benefit, provided for or made possible in whole or in part by any Act of Legislature, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in any election.

It is unlawful for any public official to deprive, attempt to deprive, or threaten to deprive, by any means, another person of employment, position, work, compensation, or other benefit provided for or made possible by any law appropriating funds for work relief or relief purposes, on account of race, creed, color, or any political activity, support of, or opposition to any candidate or any political party in any election.

5.6. It is unlawful for any public official to solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose whatsoever from any person known by him to be entitled to or receiving compensation, employment, or other benefit provided for or made possible by any law appropriating funds for work relief or relief purposes.

It is unlawful for any public official for political purposes to furnish or to disclose, or to aid or assist in furnishing or disclosing, any list or names of persons receiving compensation, employment, or benefits provided for or made possible by any Act of Legislature appropriating, or authorizing the appropriation of funds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee, or campaign manager, and it shall be unlawful for any person to receive any such list or names for political purposes.

It is unlawful for any Civil Servant employed in any branch of the Government to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No officer or employee in the Executive Branch of Government, or any agency or department thereof, shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects.

Any public official, after due process, who is found guilty of violating any provision of this section shall be immediately removed from the position or office held by him/her, and thereafter no part of the funds appropriated by any law for such position or office shall be used to pay compensation to such person.

Avoidance of Conflict – Politics and Work

Every Employee of Government shall ensure that his or her participation in political activities does not bring him or her in conflict with official duties.

Contributions to Election Expenses

Every Public Official and Employee of Government shall have the right, in his or her personal capacity, free from any undue influence, to contribute to election expenses of any political party or candidate.

PART VI: DISCLOSURE OF INFORMATION AND RELEASE OF CLASSIFIED MATERIALS

6.1 Confidentiality of Information

Every Public Official and Employee of Government shall use sensitive and confidential information in his or her possession or likely to come into his or her possession only in the performance of his or her official duties or responsibilities, except where such information is criminal in nature or against public policy; and shall be prudent in discussing sensitive information with persons who are not directly concerned with the matter in hand.

6.2 Non-permissible use of Information

Public Officials and Employees of Government shall not use information obtained in the course of his or her official duties:

In ways that are inconsistent with his or her obligations to act impartially.
To cause harm or be detrimental to any person or body or the public service.
To gain improper advantage for himself or herself or for any other person.

Such use of information for improper advantage as stated in section 6.2 (c) includes:

Speculation in property or shares based on information about Governmental decisions or the affairs of any public or private sector body;
Exchanging confidential information with persons from other organizations;

Taking advantage, for personal reasons, of another person on the basis of information about that person that is held by the employer of the public servant;

Providing information from official records to any unauthorized person.

6.3 Safeguarding Official Information

Public Officials and Employees of Government shall maintain a high level of confidentiality regarding communication of official information in accordance with the Freedom of Information Act.

6.4 : Release of Official Information

Except for Elected Officials, all other Public Officials and Employees of Government shall not accept public speaking engagements on matters of Government policy which have not been officially released to the public without prior approval from his or her immediate supervisor. No Public Official or Employee shall at any time engage himself or herself in making unguarded statements that will compromise Government policy on confidentiality.

6.5 Acceptable Public Comments/Discussions

Contributions by Public Officials and Employees of Government to public discussions of an impending Government policy in an official capacity are generally acceptable in circumstances where:

Providing information on Government policy is part of the public servant’s official duties or he or she has been appropriately authorized by the officials of the Ministry or agency; and The public servant does not misrepresent the facts concerning Government policy.

6.6 Release of Official Information

Public Officials and Employees of Government shall not use or communicate official information other than for official purposes except where such information has already been made available officially to the public. He or she shall not take improper or undue advantage of any information, including commercially sensitive information gained in the course of his or her employment.

6.7 Conditions for Release of Information

Public Officials and Employees of Government shall only disclose official information or release documents acquired in the course of employment when authorized by law to do so, or when called to give evidence in court, or when proper authority has been given. In such cases said disclosure shall be confined to factual information.

6.8 Unauthorized Release of Information

Public Officials and Employees of Government shall not compromise the policies, decisions, or actions of Government by the unauthorized, improper or premature disclosure of any information to which he or she has had access as a result of his or her duties and responsibilities.

6.9 Disclosure of information to Parties and Persons

Public Officials and Employees of Government shall not without authority disclose to any person or organization for his or her personal advantage or the recipient’s advantage, information which has been communicated in confidence to him or her or has come to his or her knowledge as an employee of Government.

6.10 Communication of Private Matters

Public Officials and Employees of Government shall have the right to communicate directly with any official of Government (e.g. Minister or Legislator) on any issue affecting him or her as a private citizen. However, he or she shall observe and follow the proper channel of communication that operates in his or her organization regarding communication of official matters.

PART VII: INTERACTING WITH THE PUBLIC

7.1 Courtesy to Service Recipients or Users

Every Public Official and Employee of Government shall, in the course of his or her work exhibit courtesy, transparency, promptness, clarity, respect and sensitivity with proper regard for a person’s rights and obligations. He or she shall exhibit said responsibilities with a view of ensuring the maximum satisfaction of the recipients and or users of services delivered or required to be delivered by the employer of the public and civil servant. He or she shall be responsive to legitimate demands from the public and attend to requests, complaints or enquiries promptly. If not in a position to assist, he or she shall refer the person to another officer or office which is able to deal with the request.

Courtesy of Staff

7.2 Public Officials and Employees of Government shall treat all service recipients and users with due courtesy and respect.

PART VIII: USE OF PUBLIC FUNDS, PROPERTIES AND FACILITIES

8.1 Use of Government Facilities

Public Officials and Employees of Government shall use Government facilities, including residential property, equipment, money, vehicles, computers, internet, and telephones for official purposes only.

8.2 Abuse of Staff Time

No Public Official or Employee of Government shall employ for private purposes, the services of Government Employees at a time when the services of such Employee(s) is at the disposal of Government.

8.3 Adherence to Budgetary and Financial Regulations

Every Public Official and Employee of Government shall ensure that public resources entrusted to his or her care for the performance of duty are utilized judiciously and in accordance with budgetary appropriations and financial regulations. A Public Official or an Employee of Government who directs or concurs in the use of public funds contrary to the existing regulations or instructions shall be accountable and liable for any loss arising from that use and shall be required to make full restitution of the loss, even if he or she has ceased to be a public servant.

PART IX: GIFTS, BRIBES AND CONFLICT OF INTEREST

9.1 Bribes and Gifts

Public Officials and Employees of Government shall not receive nor encourage the giving of any form of bribe or casual gift in connection with the performance of his or her official duties, whether for himself or herself or members of his or her family or any other benefits that could have any influence on his or her professional approach to issues and the discharge of his or her official duties. This shall not include gifts given during traditional ceremonies and celebrations, and fees paid for Lobbying. The Legislature shall enact laws for the regulation of lobbying activities.

9.2 Token Gifts

Any token gift received by Public Officials and Employees of Government must be declared, within a reasonable time not exceeding seven (7) days, to the appropriate authority that shall decide whether the gift item should be retained by the Public Official or Employee of Government or whether the gift should be surrendered to Government. Public Officials and Employees of Government who surrender a token gift must demand a receipt from the appropriate recipient or depository.

9.3 Obtaining Financial Assistance or Loans

Public Officials and Employees of Government may take loans from a person or legal entity provided the loan is on commercial terms and include explicit requirements for repayment and a reasonable rate of interest as established by law or as set by the Central Bank of Liberia or by contract.

9.4 Gifts and Offers intended to Induce or Influence

Every Public Official and Employee of Government shall report to his or her head of institution any circumstances where a benefit or gift was offered or made regardless of whether the benefit or gift was accepted, especially where the public servant feels that such circumstances constituted attempts to influence his or her official action/decision. In reporting, the Public Official or Employee of Government shall disclose the source of such an offer.

9.5 Reporting of Gifts from Foreign Governments, International Organizations, etc. A Public Official or Employee of Government may accept gifts other than casual or token gifts from foreign governments, donors, international or multinational organizations or quasigovernmental organizations closely affiliated or funded by a foreign government but shall promptly declare such gift to his or her superior who shall decide whether the Public Official or Employee of Government may retain the gift or must surrender it to Government.

9.6 Use of Office for Private Interest

No Public Official or Employee of Government should use an official position to pursue private interests that may result in conflict of interest.

9.7 Nepotism

A Public Official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in a civilian or military position in the agency or branch of Government in which he or she is serving or have jurisdiction or control, any individual who is a Relative, as defined in Section 1.3.21 of this Code. An individual who is a Relative of a Public Official may not be appointed, employed, promoted, or advanced in or to a military or civilian position in an agency or branch of Government if such appointment, employment, promotion, or advancement has been influenced or advocated by the Public Official. Any such appointment upon investigation shall be declared null and void. Upon being declared guilty in accordance with due process, the appointing authority shall be subject to dismissal, suspension or impeachment in accordance with due process.

9.8 Sanctions for Nepotism

The penalties for Nepotism include reprimand, suspension, demotion or removal from employment; and could include prohibiting the offender from working for Government for up to five (5) years.

9.9 Equal and Fair Treatment of the Public

Public Officials and Employees of Government shall not, in the performance of official duties, give preferential treatment to any individual, corporation or institution, including a non-profit organization.

9.10 Receipt of Double Emoluments

Public Officials and Employees of Government shall not, while receiving or being paid salaries by the Government, at the same time receive or be paid salary by any other public office unless it is established that such additional employment is in the public interest [e.g. teaching at public educational institutions], and that such service does not conflict with the Public Official or Employee of Government’s principal employment.

9.11 Disclosure of Interest

Where Public Officials and Employees of Government have direct or indirect personal interests in a matter being examined, he or she shall inform the authorities of those interests and shall excuse himself or herself before deliberations are held and a vote or decision is taken.

PART X: DECLARATION AND REGISTRATION OF PERSONAL INTERESTS,

ASSETS AND PERFORMANCE/FINANCIAL BONDS

10.1 Declaration of Assets and Performance Bonds

Every Public Official and Employee of Government involved in making decisions affecting contracting, tendering or procurement, and issuance of licenses of various types shall sign performance or financial bonds and shall in addition declare his or her income, assets and liabilities prior to taking office and thereafter: a. at the end of every three years; on promotion or progression from one level to another; upon transfer to another public office; and upon retirement or resignation.

10.2 Repository and contents of Declaration

The declaration of personal interest, income, assets, liabilities and the performance bond as may be required, shall be lodged with:

In the Legislative Branch, with the Secretary of the Senate and the Chief Clerk of the House of Representatives;
In the Executive Branch, with the General Auditing Commission; and in the Judicial Branch with the Clerk of Supreme Court; and
in each event such receipt shall be notified to the Liberia Anti-Corruption Commission (LACC).

All such declarations shall be accessible to both the public employer and the general public upon a court order; as well as to the Liberia Anti-Corruption Commission (LACC) and the General Auditing Commission (GAC) for investigative purposes. The declaration shall be promptly updated by Public Officials and Employees of Government upon subsequent changes in his or her interest and/or assets. Each declaration along with the updates thereto shall include disclosure of income, assets, liabilities, net worth, financial and family interests held by the official.

10.3 Sanctions for False Declaration

Every Public Official and Employee of Government shall declare and affirm that his or her declaration is accurate to the best of his or her knowledge. Any statement in such declaration found to be false upon verification shall lead to summary dismissal and other measures provided by law.

PART XI: PERSONAL BEHAVIOR AND WORK ETHICS

11.1 Exploitation of relationships for Undue Favors or Advantages

Every Public Official and Employee of Government shall conduct himself or herself with utmost integrity and respect and shall not exploit his or her relationship with another public servant or any other person to take advantage of or obtain undue favor from the person for any purpose.

11.2 Relationship and Performance

Public Officials and Employees of Government shall not allow personal relationships at the work place or anywhere else to adversely affect his or her performance.

11.3 Sexual Harassment

All Public Officials and Employees of Government shall avoid unethical and unbecoming behavior such as use of rude, abusive and obscene language, indecent dressing, unreasonable or oppressive supervision and sexual gestures which constitute Sexual Harassment and violation of human dignity and human rights.

11.4 Public Officials and Employees of Government shall neither be subjected to nor have others subjected to conduct of a sexual nature, which is unwelcome, unreasonable and offensive.

11.5 A sexually suggestive and offensive behavior may manifest itself in such forms as:

An employee being forced to choose between acceding to sexual demands or losing job benefits through sexual blackmail.
Verbal and non-verbal sexually offensive behavior exhibited by any person.

Any Public Official and Employee of Government who is subjected to Sexual Harassment shall report such a case with adduced evidence, where applicable, with a view of obtaining redress from the ministry/agency of Government responsible for investigating civil and criminal offences.

No Public Official or Employee of Government who lodges any complaint regarding Sexual Harassment using the established complaints procedure shall be unduly victimized.
Remedies for Sexual Harassment shall be those prescribed under the civil and criminal laws.

Discrimination at Work Place

No Public Official or Employee of Government shall discriminate against, harass or bully anyone, particularly those over whom he or she has authority or those who are vulnerable.

Improper Behavior

No Public Official or Employee of Government shall engage in any act that is fraudulent, embarrassing, profane, obscene, defamatory or otherwise unlawful or inappropriate.

Consumption of Alcohol

Public Officials and Employees of Government shall not consume or drink alcohol while on duty.

Usage of Prohibited Drugs and related Substances

Public Officials and Employees of Government shall not take any prohibited drugs and other related substances unless such drugs are dispensed and administered by a qualified physician during the course of medical treatment.

Promotion of Merit System

Public Officials and Employees of Government shall promote the merit system and shall not use their influence or the influence of any person to obtain appointment, promotion, advancement, transfer, or any other advantage for himself or herself, relatives or friends.

Confidentiality After Service

Without expressed permission, no Public Official or Employee of Government who leaves the public service may:

make public, or otherwise use any confidential knowledge or information gained as a consequence of employment in the public service;
retain any document or items which relate to the public service and which are not otherwise publicly available.

Maintaining Integrity of the Public Service and Work Environment

Public Officials and Employees of Government shall exhibit conduct that contributes to a positive work environment and not compromise the integrity of the public service. He or she shall not engage in abusive language or fight on any Government premises, or any public place.

Dress Code

All Public Officials and Employees of Government shall be attired in accordance with the work to be performed, taking into consideration occupational health and safety factors, cultural diversity, local community standards and climatic conditions.

17 Work Ethics

All Public Officials and Employees of Government shall be committed to reporting for duty punctually in compliance with official Government working hours. Unless otherwise stated, the official working hours of a public servant are: Monday – Friday: 8:00 a.m. to 5:00 p.m.

Public Officials and Employees of Government shall neither engage in nor encourage the practice of:
1. Lateness at work, meetings and Official functions;
2. Irregular attendances to work;
3. Taking more than the average number of sick days/casual leave;
4. Using weather, poor transportation and domestic problems as excuses for lateness and irregular attendance;
5. Being lazy and idle at work;
6. Transacting private business in office; and
7. Abusing the rights of persons supervised by keeping them beyond official working hours, unless under conditions of emergency.

All Public Officials and Employees of Government shall seek and obtain permission from his or her supervisor to be absent from duty. Permission shall not be unreasonably denied.

All Public Officials and Employees of Government shall, during official working hours, report his or her absence from office to his or her immediate supervisor or relevant persons.

Abuse of rights

Public Officials and Employees of Government shall not influence nor cause others to do acts that are arbitrary or prejudicial to the rights of others.

11.23 Other Professional Associations

All Public Officials and Employees of Government who are members of any professional association or body shall be required to observe the Code of Conduct prescribed for and/or by that profession. However, where there is inconsistency between a professional code and the Code of Conduct for Liberian Public Officials and Employees of Government, this Code of Conduct shall prevail to the extent of the inconsistency.

PART XII: THE CREATION OF THE OFFICE OF OMBUDSMAN

12.1 The Office of an Ombudsman is hereby established as an independent autonomous body which shall be responsible for the enforcement, oversight, monitoring and evaluation of the adherence to the Code of Conduct.

The Office of Ombudsman shall receive and investigate all complaints, in respect to the adherence to the Code of Conduct. In the case where there is a determination of guilt and violation of the code by private and Public Officials and Employees of Government, said violation shall be submitted by the Ombudsman to the Liberia Anti-Corruption

12.2 Commission (LACC) or other relevant Agencies of Government. The Office of the Ombudsman shall be responsible to collaborate with the three Branches of Government and Civil Society Organizations in order to develop regulations for the Code of Conduct.

PART XIII: RESPONSIBILITY OF PUBLIC SERVANTS TO REPORT WRONG DOINGS

Each Public Official and Employee of Government has a duty to report any situation that he or she believes contravenes this Code of Conduct. Such reports shall be treated confidentially, unless disclosure of the information is authorized or required by law.

13.1 Protection of Complainants

All Public Officials and Employees of Government shall be protected from discipline or reprisal for reporting in good faith, allegations of wrong doing or contraventions of this Code of Conduct.

13.2 Complaint from Public

A member of the public who has any complaint of misconduct by a Public Official and an Employee of Government shall report this to the autonomous body responsible for the functions of Ombudsman. Such person making a complaint shall be protected from any reprisal for reporting in good faith, allegations of wrong doing or contraventions of this Code of Conduct in keeping with the Whistle Blower Protection Law.

PART XIV: INFRINGEMENT OF THE CODE

14.1 Infringement of the Code

A breach of this Code of Conduct shall evoke, relevant to the particular officer, the disciplinary processes as contained in the Standing Orders of the Civil Service, this Code of Conduct and other relevant rules, regulations and laws in force.

PART XV: SANCTIONS

15.1 Sanctions for Infringement

Sanctions for any breach of this Code of Conduct shall be those prescribed by the Standing Orders of the Civil Service or any other laws governing the public service. Notwithstanding, depending on the gravity of the offence or misconduct, one or more of the following penalties may apply:

dismissal;
removal from office in public interest;
reprimand;
fine or making good of the loss or damage of public property/assets;
demotion (reduction in rank);
seizure and forfeiture to the State of any property acquired from abuse of office;
and interdiction/suspension from duty with half pay.

PART XVI: PROCEDURE FOR REPORTING VIOLATIONS

16.1 Procedures for submission of Complaints

Submission of complaints shall be in accordance with procedures established by the autonomous body responsible for Ombudsman functions.

PART XVII: CRIMINAL OFFENSE

17.1 Criminal Offense

The sanctions listed above shall be without prejudice to the penalties that may be imposed by any court of law where the conduct also amounts to a criminal offence.

PART XVIII: REWARDS

18.1 Rewards of Public Officials and Employees of Government for Good Behavior

An appropriate reward and recognition shall be accorded to Public Officials and Employees of Government who exhibit good ethical conduct in compliance with this Code of Conduct. A reward shall be accorded to Public Officials and Employees of Government by the head of the organization or appropriate authority in which the Public

Officials and Employees of Government work. The rewards shall include, but not be limited to:

Commendation
Open praise
Challenging work assignment normally done by seniors.
Letter of commendation
Presents
Mementos
Certificate of merit
Concessionary trips
Cash bonuses
Job upgrade
Award of medal

PART XIX: OBLIGATIONS OF GOVERNMENT

19.1 Obligations of government towards Public Officials and Employees of Government

While Public Officials and Employees of Government are expected to observe this Code of Conduct, an employer has the following obligations as laid down in the Constitution and operationalized by relevant laws:

To provide a working environment that is safe, healthy and satisfactory.
To ensure equal pay for work of equal value.
To ensure that employees are accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for Public holidays.
To enable every employee to practice his or her profession consistent with the professional Code of Conduct, the Constitution and other laws of Liberia.
To accord Employees of Government the right to join a Trade Union of his or her choice for the promotion and protection of his or her economic and social interests in accordance with law.
To protect the rights of Employees of Government, including the right to withdraw labor in accordance with the law.
To accord protection to female public servants during pregnancy and after birth in accordance with Civil Service rules and Labor Laws.
To provide public servants with the necessary tools and equipment for the effective performance of their duties.

PART XX: SIGNING OF THE CODE OF CONDUCT

Signing of the Code by new Employees at induction into the Service

All Public Officials and Employees of Government shall sign this Code of Conduct at his or her induction into the public service or at the commencement of his or her orientation program. Refusal to sign is tantamount to declining the appointment or offer of employment.

Signing of the Code by Employees already in the Service

All Public Officials and Employees of Government already in the service of Government at the coming into force of this Code of Conduct shall be required to sign the Code.

2.1.5 PUBLIC FINANCE MANAGEMENT ACT OF 2009

PART I: GENERAL PROVISION

PART II: AUTHORITY AND RESPONSIBILITIES FOR THE BUDGET AND PUBLIC FINANCIAL MANAGEMENT

PART III. BUDGET PREPARATION AND APPROVAL

PART IV. BUDGET EXECUTION

PART V. BORROWING, PUBLIC DEBT GOVERNMENT GUARANTEES AND AID MANAGEMENT

PART VI. CASH MANAGEMENT AND BANKING ARRANGEMENTS

PART VII. ACCOUNTING AND REPORTING

PART VIII. INTERNAL CONTROL AND AUDIT

PART IX. AUTONOMOUS AGENCIES AND SPECIAL FUNDS

PART X. SPECIFIC PROVISIONS RELATED TO STATE OWNED ENTERPRISES

PART XI SANCTIONS

PART XI. FINAL AND TRANSITIONAL PROVISIONS

Section 1. Title, Purpose and Scope

PART I: GENERAL PROVISION

This Act is called the “Public Finance Management Act of 2009”,

This Act governs all matters related to the management of the public finances of the Republic of Liberia. It lays out fundamental procedures for the preparation, adoption, execution and final accounts of the National Budget and related matters including, internal control, accounting and auditing of public finances, assets as well as the arrangements for public debt and government guarantees. This Act shall be supplemented by enabling regulations promulgated by the Ministry of Finance and approved by the President to further specify the procedures in each of the areas mentioned herein, and which may be amended from time to time. The Legislature, in execution of its oversight responsibilities, shall ensure that all regulations issued pursuant to this Act prior to implementation by the Ministry of Finance.

The provisions of this Act apply to all agencies, entities and institutions of the central government. For the purposes of this Act, the central government includes:

The Executive and all its agencies/entities/institutions
The Legislature and all its agencies/entities/institutions
The Judiciary and all its agencies/entities/institutions
Autonomous Public Agencies under central government control.

In addition, the entities referred to in (e), (f) and (g) below are governed by the provisions of this Act when specifically stipulated in the Act.

All public agencies, entities and institutions of governments at the local level, established by law or under the jurisdiction of local governments now or to be established in the future
A State-owned enterprise
Any person or legal entity that receives or uses public funds.

Section 2. General Principles

The management of public finances of the Republic of Liberia including the preparation and execution of the National Budget and its supplements are guided by the following principles:

Accountability: The Executive is accountable to the Legislature for the way it carries out its responsibilities with respect to the management of public finances; and within the Executive, all public officials entrusted with public finance responsibilities are accountable to the President of the Republic of Liberia for the proper execution of their duties.
Annual basis, the budget authority is granted by the Legislature for a fiscal year, unless there are exceptions specified in law.
Balanced Budget. In the National Budget, expenditure and financial outflows shall be balanced by revenues and financial inflows, including any new borrowing.
All central government revenues and expenditures shall be included in the National Budget, being recorded on a gross basis.
All central government revenues and expenditures shall be presented and executed with the detail specified under this Act and its enabling regulations in the National Budget.
Stability: The National Budget is to be prepared in the context of a mediumterm fiscal framework with the aim of achieving national objectives over a multi-year period.
Transparency: The roles of those entrusted with financial management functions are clearly
Specified in this Act or the regulations to be issued under it. This Act requires that timely and reliable financial information on the National Budget be made publicly available, and it requires that the legislation governing public finances be drafted with clarity.
The National Budget is the instrument for approving the annual estimates of central government revenues, expenditures, and financing transactions; these are presented in a single document and adopted by an annual 20, which includes annual appropriations.

Section 3. Definitions

Except when the context of a specific provision of law otherwise requires, the following terms when used in this Act shall, for the purposes of this Act, have the meanings respectively ascribed to them in this Section:

“Agency of the Government” or “Government agency” includes every ministry, independent establishment, division, bureau, board, commission, institution, authority, organization of the Government including counties, cities, towns, villages and other local authorities or political or governmental sub-divisions of the Republic of Liberia, except the Central Bank of Liberia, which specific roles and functions are defined in this Act and the Act creating the Central Bank of Liberia

“Auditor General” means the Auditor General who heads the General Auditing

Commission established under Article 89.0 of the Constitution;

Autonomous Agency” is a self-governing body created by the Government that is responsible for making binding decisions, developing its strategic plan and having liability for such decisions without interference or with very limited interference from the Government;

“Broad categories of expenditure or a major category of expenditure” means the type of expenditure at the highest level of consolidation as defined in Section 8 of this Act. “Cabinet” means the Ministers and other officials designated by the President to head government ministries and key agencies,

“Central Bank of Liberia” or “Central Bank” means the bank created as a body corporate by the Central Bank of Liberia Act of 1999;

“Central Government” For the purpose of this Act, “Central Government” means the collective institutions of the Government of the Republic of Liberia, except the Central Bank of Liberia, which specific roles and functions are defined in this Act and the Act creating the Central Bank of Liberia;

“Chart of Accounts” means a structured list of accounts used to classify and record budget revenue and expenditure transactions, as well as government assets and liabilities;

“Commitment” means an undertaking to make an expenditure following the conclusion of a binding agreement that will result in public outlays/payments;

“Consolidated Fund” means the fund that consolidates all the government revenues of the Republic of Liberia, and is used for making disbursements, as defined in Section 4 of this Act;

“Contingency Appropriation” means the funds appropriated in the National Budget or

Supplementary Budgets for the purpose of covering urgent and unforeseen expenditures; “Fiscal year” means a period of twelve consecutive months for which the budget estimates and its operations are to be recorded, accounted and reported; it begins on the first day of July and ends on the 30th day of June of the succeeding year;

“Government Borrowing” means any short- medium- and long-term borrowing, loans or financial contracts, including financial leasing contracts and securities issues contracted by the Government.

“Government Property” means all movable and non-movable assets and/or chattels owned by the Republic of Liberia including land, buildings, plant, vehicles, machinery and equipment.

Head of Agency” or “Head of Spending Unit” means the Minister in the case of any

Ministry or the principal executive officer of any other public agency, entity or institution; “Instructions” means rules, manuals, directives, or notifications

“Line Ministries” mean all Ministries other than the Ministry of Finance of the Republic of Liberia.

“Line Ministers” mean the Ministers who are heads of Line Ministries.

“Minister” means the Minister of Finance of the Republic of Liberia;

“Ministry” means the Ministry of Finance of the Republic of Liberia.;

“National Budget” means the Budget approved by the Legislature for a fiscal year.

“Non-governmental organizations” means a legal person (whether a citizen of the Republic or another country) or entity other than a public agency or public entity (whether created, established, registered, incorporated or otherwise authorized to perform its functions under a law of the Republic or of another jurisdiction) who or which has or is due to receive money, property or any other resource being part of public resources, for use by the person or entity in the Republic for a public purpose other than making provision for the assembly of a congregation for worship, religious instruction; and charity.

“President” means the President of the Republic of Liberia as provided for in Article 50 of the Constitution of the Republic of Liberia;

“Proposed Budget” means the draft National Budget submitted by the President to the Legislature pursuant to Section 11 of this Act.

“Public Financial Management” Refers to the legal and administrative systems and processes which will ensure the effective, economic and productive utilization of public resources in accordance with the predefined standards

“Public Funds/Money” means financial resources of the State as defined in Section 4 of this Act

“Public Resources” refers to public revenues including those acquired through donations, bequest, borrowing, movable and fixed assets, deposits, receivables and rights, and all kind of properties,

“Reallocations” means the transfer of appropriations between spending agencies and/or spending line items of the National Budget within a fiscal year.

Sector Minister” means the minister responsible for overseeing a state owned enterprise. “Supplementary Appropriation Act” means any Act, the purpose of which is to supplement appropriations already granted by a Budget Act;

“Spending Items” are specific expenditures identified by the classification of the National Budget;

“Spending Agencies” means Public agencies, entities or institutions that deliver public goods or services, report either to a Line Ministry or directly to the Ministry or the President and execute expenditures set forth in the National Budget,

“State Owned Enterprise” means a commercial enterprise or any other organization established by law, in which government has controlling shares, which produces goods or services for the market and finances its operations largely on the basis of its own revenues. Controlling shares in relation to an entity means the ability to exercise any of the following powers to govern the financial and operating policies of the entity in order to obtain maximum benefits from its activities:

To appoint or remove all, or the majority of, the entity’s board or governing body;
To appoint or remove the entity’s chief executive officer;
To cast all, or the majority of, the votes at meetings of that board of directors or equivalent governing body; or
To control all, or the majority of voting rights at a general meeting of that entity.

Section 4. Public Funds/Money and the Consolidated Fund

Public Funds/Money.

In this Law, public money/funds mean:

money or financial assets in the custody or under the control of the State, including money that is held for the benefit of a person other than the State but does not include money held in trust or custody on behalf of non-governmental organizations or money received by State-Owned Enterprises; and
money or financial assets in the custody or under the control of any person acting for or on behalf of the State in respect of the custody or control of the money,

A Resources that become public money upon receipt include, but are not limited to:
- Taxes imposed by the State;
- User fees imposed by the State or any of its Ministries, agencies or instrumentalities;
- Interest received by the State;
- Dividends or other payments from companies owned by the State;
- Proceeds received by the State from the sale or leasing of any property owned by the State;
- proceeds received by the State from licensing or selling any rights controlled by the State, including radio spectrum rights, natural resource exploration or exploitation rights, and intellectual property rights;
- Royalties received by the State
- Fines, regulatory charges, damages from civil actions, and insurance proceeds paid to the State;
- Grants and gifts received by the State;
- Debts due of the State;
- Money transfers corresponding to credits taken by the State in accordance with legal provisions regarding the formation of State Debt; and
- Receipts from the issuance of national and international documents of credit by the State.

For the effective and efficient management, accounting and control of the public financial transactions and operations of the Republic of Liberia, a Consolidated Fund is hereby established.

Composition of the Consolidated Fund Pursuant to Section 4(1) of the Public Finance Management Act 2009, receipts into the Consolidated Fund or other public funds shall be classified as follows:

Tax Revenue, including taxes on income and profits, goods and services, and taxes on international trade and other transactions;
Non-tax revenues and internally generated funds;
Repayment of loans;
Domestic and external grants;
Other revenues received under an enactment;
Other receipts including the product of borrowing, repayment of government loans and advances, sale of government securities, sale of government equity investments, sale of other government assets and special funds

The balances of all the public funds of the Republic of Liberia are to be included in the Consolidated Fund under the oversight of the Legislature and managed and executed by the Minister, save for exceptions granted under Section 28.5 of this Act. The Minister has the authority to manage the Consolidated Fund to allow for an effective and efficient cash management.

PART II. AUTHORITY AND RESPONSIBILITY FOR THE BUDGET AND PUBLIC FINANCIAL MANAGEMENT

Section 5. Authority and Responsibilities of the President

The President has overall responsibility for all policy matters related to the National Budget and public financial management system of the Republic of Liberia, and has the authority to take the decisions and actions necessary to carry out such responsibilities.

Except for the authority to submit the Proposed Budget to the Legislature, the President may delegate to the Minister, any of the authorities and powers conferred to the President under this Act, subject to terms and conditions specified by the President at the time of the delegation, such delegation, however, does not discharge the responsibility of the President with regard to this Act.

Section 6. Authority and Responsibilities of the Minister

The Minister is responsible for all technical matters related to the proper functioning of the public finance management system, subject to the overall policy guidance from the President as prescribed in Section 5.1.

The Minister’s specific responsibilities include the preparation and execution of the National Budget, the preparation of annual and in-year accounts and other reports pertaining to the National Budget, and the management of government property, fixed assets, financial assets, including revenues, debt and Government guarantees, as specified in this Act.

Following approval from the President, and consistent with the laws of the Republic of Liberia, the Minister may establish, structures/units within the Ministry for implementing the requirements under this Act in order to fully discharge his/her functions prescribed herein. Details relating to such structures/units will be prescribed in regulations pursuant to this Act. Authority and responsibility specifically granted to the Minister under this Act may be delegated to deputies or other key designated officials of the Ministry. Any responsibility delegated under this subsection does not, however, divest the Minister of the responsibility under this Act.

Section 7. Authority and Responsibility to Issue Regulations, Instructions and Guidelines

The Minister shall develop and recommend to the President for approval regulations, where required in this Act, for the implementation of the provisions of the Act. The Minister may issue regulations, instructions and guidelines, as the need arises, to further clarify specific responsibilities and tasks related to the implementation of this Act and its regulations consistent with the Administrative Procedure Act and the Executive Law. Regulations issued by the Minister pursuant to this Act, shall be subject to approval of the President in accordance with section one of this Act.

PART III. BUDGET PREPARATION AND APPROVAL

Section 8. Context and Structure of the Budget

The Minister shall oversee the preparation of the National Budget in the context of a medium-term fiscal framework for purposes of achieving national objectives over a multiyear period. The fiscal framework for the National Budget should be based on estimates for the fiscal year and for the two subsequent years, which take into account the economic and development policies that are consistent with the Government’s declared medium-term economic and fiscal objectives.

All public financial transactions, both revenues and expenditures, are to be structured and classified using the same classifications for both budgeting and accounting. The following rules will apply:
1. Where relevant, these classifications shall be designed to meet generally accepted international standards as defined in regulations issued pursuant to this Act. In the national budget or supplementary appropriations, budgetary classifications may be made for expenditures of a confidential nature. Details

of such spending items will be promulgated in the regulations accompanying this Act.

The Minister shall be responsible for developing and prescribing budget classifications and will further issue detailed instructions for the use of the classifications in both the preparation and the execution and accounting of the budget, after ensuring that adequate provisions have been made to implement them.
Where changes are introduced to the classifications which may alter the presentation of documents sent to the Legislature, the Minister shall provide advance notification of such changes at least one calendar month before the submission of the National Budget. The Minister shall ensure that the Legislature, as well as the Auditor General is provided with full details of the new classifications and implications of such classifications.
The classifications shall include, but not limited to the following framework:
1. Revenues and other resources will be structured around major titles/heads whose details will be defined further in regulations promulgated pursuant to this Act.
2. Expenditures and other payments will be classified by administrative/institutional unit responsible for spending, appropriated at spending agency level, and will be further classified according to economic classification and other classifications as shall be defined in regulations under this Act.

Non agency specific expenditures for which the Minister is responsible, such as debt service and other mandatory or constitutionally prescribed spending, shall be established in the same manner and classification as stipulated in Section 8(2) above.

Section 9: Gross Basis and Coverage of the Budget

The National Budget shall comprise all revenues and expenditures, on a gross basis, of the central government, including transfers of any kind from the National Budget to sub-national governments, autonomous agencies and funds, public or private enterprises or financial institutions, non-government entities or institutions, or private persons.
The National Budget shall, to the extent of the availability of reliable data, include all donor financing provided directly to the Budget in support of the central government, general budget support, basket funding of sectors, and funding of government projects.
The National Budget shall be a single unified budget including both recurrent and capital expenditures.

Section 10. Budget Surplus or Deficit

The National Budget shall show any proposed budget surplus or deficit, being the difference between the total revenues excluding new borrowings and total expenditures. The National Budget should stipulate the purpose to which the budget surplus will be applied, and, in the case of budget deficit the means of financing it, and shall be subject to legislative approval.

Section 11. Budget Preparation Cycle and Calendar

The President shall submit the Proposed Budget and accompanying documents to the Legislature no later than 2 months before the start of the fiscal year.

The preparation of the National Budget shall conform to the process and time table set forth in Section 11.1 above, which will be further supplemented by a detailed cycle established in a published annual budget calendar in the regulations accompanying this Act.

The budget preparation cycle shall consist of two phases, the first concentrating on the preparation of a budget framework paper and the budget circular, and the second concentrating on the preparation of the detailed annual budget that addresses the policies and priorities set out in the budget framework paper.

Section 12. Documents and Contents of Proposed Budget

The Proposed Budget presented by the President to the Legislature shall include the following documents:
1. A budget framework paper.

A detailed annual budget estimates set alongside the previous budget year outturns, current year original budget as well as the actual outturn based on available data, and projected outturns for the current year. The details and contents of the annual budget estimate shall be defined in regulations issued by the Minister under this Act.

An instrument for the Legislature’s consideration, which lays out any change(s) in the tax and non-tax revenue policy regimes, which shall be presented not later than the date of submission of the budget estimates to the Legislature.

An Annex stating the amounts of outstanding public debt and guarantees.

An Annex summarizing the financial operations of each autonomous agency, indicating in each case the resources to be transferred from the National Budget.

An Annex summarizing the annual financial plans (budget) and operations of each state owned enterprise or financial institution specific formats for such annex will be prescribed in regulations issued under this Act.
An Annex identifying in summary form all donor financing, distinguishing financing in support of central government from other external financing. Specific formats for such information will be prescribed in regulations to be issued by the Minister under this Act

Notwithstanding Section 12.1. c above, any other proposed act(s), policy or measure which lay out changes in the tax and non-tax revenue policy regimes may be placed before the Legislature for its consideration at any time.

The Proposed Budget shall be accompanied by the President’s budget message.

Section 13. Contingency Appropriation

In the National Budget, the Legislature shall approve an amount of public funds not exceeding 5 per cent of total annual domestic revenues, as estimated in the Proposed Budget to be used as Contingency Fund.

The Contingency Fund may cover urgent and unforeseen expenditures arising from emergency situations for which payments cannot be postponed until the passage of a supplementary budget or the next annual National Budget without seriously affecting the public interest.

The Minister shall submit to the President, for approval, all proposals for the use of funds out of the Contingency Fund.

The use of funds out of the Contingency Fund shall be reported by the Minister in the next quarterly outturn covering the month(s) in which the expenditure occurred.

Section 14. Public Access to the Budget

The Proposed Budget will be made available to the public immediately following its submission to the Legislature.
The Approved Budget will also be available to the public immediately following its publication into handbill.

Section 15. Legislature’s Authority and Responsibility to Approve the Budget

The Legislature’s review and approval of the Proposed Budget shall be conducted in accordance with the rules and procedures set forth in the Constitution of the Republic of Liberia.
The Annual Appropriations Act shall be adopted for one fiscal year and shall lapse at the end of the fiscal year for which it is approved by the Legislature.

Section 16. Modification of Proposed Budget by the Legislature

In reviewing the Proposed Budget submitted by the President, the Legislature may, in coordination with the Minister, introduce amendments, providing explanation for each amendment proposed, indicating how the amendment are to be applied in the detailed estimates, and indicating how the proposed changes remain consistent with the declared fiscal and development objectives of the government, and ensuring that the Budget remains true to the spirit of allocation efficiency.

Notwithstanding the provisions of this section, the Legislature shall consider the adequacy of the annual proposed budget of the Auditor General based on the advice of the Minister and the Ways, Means and Finance Committees of the Legislature.

Section 17. Temporary Financing of the Budget and Adoption of the Budget by Default

In the case where the Legislature is unable to approve the National Budget before the start of the fiscal year, the Minister is authorized to collect revenues and approve expenditures, in line with the proposed budget, up to one twelfth (1/12) of the Budget of the previous fiscal year. Expenditure of said (1/12) by the Minister shall be included in the subsequent financial outturn.

Section 18. Supplementary Budgets and Mid-Year Review

During the fiscal year, the Approved Budget may be amended through supplementary budgets to be approved by the Legislature.
The preparation, approval and execution of a supplementary budget is governed by the same rules applicable to the approval and execution of the National Budget as specified in this Act.

The Minister shall submit to the Legislature a mid-fiscal year review of the implementation of the Budget in the middle of February each year, including an analysis of revenue collections and expenditure performances in the first six months of the fiscal year, and, if necessary, a proposed supplementary budget for approval by the Legislature.
To ensure that the Legislature does receive two different budgets at the same time for passage, the Minister shall ensure that all Supplementary Budgets are submitted to the Legislature not later than February 15 of each year. The Legislature shall approve all such Supplementary Budgets of each year.

Section 19. Fiscal Impact Analysis of Draft Legislation

All proposed legislation submitted for approval of the Legislature shall be accompanied by a fiscal impact analysis, stating the Legislature estimated effect on revenues and expenditures for the fiscal year in which the legislation would become effective, as well as the legislation’s fiscal impact on multi-year planning and budgeting

The Minister shall prepare detailed instructions regarding the nature of the analysis to be done and the process of validating the fiscal impact.

The Minister shall provide an opinion to the Legislature on the adequacy of such fiscal impact analyses.

PART IV. BUDGET EXECUTION

Section 20. Responsibilities for National Budget Execution

The Minister is responsible for the overall management of the execution of the National Budget and its supplements.

The Minister may delegate responsibility for any or all functions related to the execution of the budget to deputies and/or designated officials of the Ministry. Such delegation of authority shall be consistent with the Executive law of 1972 as amended to date, and other laws defining the authority of deputies and other statutory officials of government. These delegated responsibilities which shall be set forth in regulations issued pursuant to this Act do not, however, divest the Minister of overall responsibility under this Act.

Ministers of individual spending Ministries, and other heads of budgetary institutions and agencies which are separately identified in the Annual Appropriations Act, are responsible for the proper and efficient execution of their budget in accordance with this Act, the regulations issued under it, and the instructions and guidelines issued by the Minister. Furthermore, they are fully accountable to the President and the Legislature for their performance in the implementation of their budgets.

Ministers and heads of budgetary institutions and agencies may delegate responsibilities for budget execution to designated officials within their ministry/institutions/agencies, consistent with the provisions of sub-section 2 above. Such delegations, which are subject to regulations issued under this Act, do not divest the minister/head of institution/agency of responsibility under this Act.

Section 21. Stages of Budget Execution

To supplement the regulations issued under this Act, the Minister shall issue instructions and guidance pertaining to the various stages of budget execution, including but not limited to, allotments and commitments. Procurement processes, including purchases and payments shall be in accordance with PPCC Act of 2005 as amended to date.

Section 22. General Rules Related to Budget Execution

The rules related to budget execution will be detailed in the regulations issued under this Act, and further elaborated in instructions and guidelines issued from time to time by the Minister.

Overall control of National Budget execution will be exercised through application of the following general rules, which shall apply to all transactions:
1. Total aggregate allotments for a particular appropriation line in a given fiscal year may not exceed the amount appropriated for that line in the Annual Appropriations Act, amended from time to time through budgetary reallocations made pursuant to section 25 and/or Supplementary Appropriations Acts;

Within the aggregate allotment control stipulated in part (a), total allotments against a detailed budget line in a given fiscal year may not exceed the amount allocated to that line in the detailed annual budget estimates, amended from time to time through budgetary reallocations and/or supplementary budgets;

Total payments for a detailed budget line in a given fiscal year may not exceed the allotments issued in line with part (b) against that budget line.

Debt service payments shall be adequately budgeted for in the National Budget and its subsequent Supplementary Budgets. The Minister shall ensure that debt service payments are among first claims on resources in execution of the National Budget. Details pertaining to budget execution procedures regarding debt service payments will be further detailed in regulations under this Act.

Other than temporary treasury liquidity management operations, and subject to these general rules, no payment shall be made from the Consolidated Fund except under an item identified in the annual budget estimates, amended from time to time through budgetary transfers and/or Supplementary Appropriations Act.

Section 23. Annual Revenue and Spending Plans

In-year revenue collection and spending will be subject to the preparation of annual plans in the manner and format prescribed in regulations under this Act.

The Minister shall require, within thirty (30) working days following the submission of the Proposed Budget to the Legislature, all ministries and heads of Spending Agencies, to prepare and submit to the Ministry, annual spending plans and timing of revenue inflows (in the case of revenue generating entities) broken down by month, which may be revised; 3. After the approval of the Annual Budget by the Legislature, the Minister shall:
1. Inform the ministers and heads of spending institutions and agencies of the approved estimates allocated to
2. Where the ministry, institution or agency is responsible for collection of revenues, require them to prepare an annual revenue collection plan broken down by month;
3. Prepare an annual plan, broken down by month, for collection of tax, customs, excise and non-tax revenues, as well as any other budgetary resources appropriated, including balances in the consolidated fund, external grants and domestic and external borrowing,
4. Prepare an annual debt service plan, broken down by month;
5. Consolidate and review the plans, and make adjustments, in consultation with stakeholders, to ensure that all obligations can be met in a timely manner during the fiscal year;
6. Approve and issue the spending plans; and
7. Prepare and issue allotments based on the agreed plans.

All spending shall be in accordance with the spending plans approved by the Minister. Any changes to these plans must be notified to the Minister in a period not less than seven (7) working days preceding the month in which the spending plan applies.

Notwithstanding Section 22.3., spending plans shall be reviewed by ministries, institutions and agencies on a monthly basis and any changes notified to the Minister seeking approval of the revised plan.

Pursuant to the fulfillment of the provisions of Section 23 above, constitutionally established and other statutory institutions of the State shall be entitled to receive advances on their budget appropriations, provided they have adequately established financial management systems; and provided they furnish in a timely manner, their monthly and quarterly accounts to the Minister for consolidation in the budgetary accounts as prescribed in Section 35 under this Act. These advances will be deposited on sub accounts of the main treasury account, although their cash balances will be considered part of the Treasury’s cash resources in line with the principles of the Treasury Single Account.

Section 24. Contracts and Procurement

All purchases of goods and services from suppliers, including capital investments, shall comply with the provisions prescribed in the Public Procurement and Concessions Act of 200t, as amended, and its enabling regulations.

All contracts, including those established through the simplified Local Purchase Order mechanism, shall be considered commitments of the government.

Notwithstanding the provisions of the Public Procurement and Concessions Act, multi-year procurement contracts will be subject to annual limits established in relevant budget line in the approved National Budget, amended from time to time through budgetary transfers and/or supplementary budget. No action shall be taken to abrogate such multi-year contractual obligations. Contracted amounts relating to future years will be subject to their adoption within the National Budget of that year. The provisions of multi-year contracts will be drafted in such a way as to reflect these restrictions.

All contracts falling within the threshold set forth in the regulations under the Public Procurement and Concessions Commission Act as amended to date shall be reviewed and approved by the Minister and attested to by the Minister of Justice or his designee. Ministers and heads of budgetary institutions and agencies shall be responsible for maintaining an up to date record of contracts entered into and for ensuring that any multi-year contracts are fully reflected in the budget estimates approved by the Legislature for the years in which they will require funding.

All contracts should as closely as possible be reflected, in the annual procurement plan of the relevant ministry, institution or agency, as required by the Public Procurement and Concessions Act. Procurement plans for the different types of goods and services should be prepared in a manner consistent with the different categories of expenditures as contained in the Budget Act, and shall be submitted to the Minister as supporting evidence to their spending plans.

Section 25. Commitment Control

All spending shall be subject to commitment control procedures established in regulations under this Act.

Unless otherwise stipulated in regulations under this Act, all commitments shall be approved by the Minister or the Minister’s designee.

All commitment approvals shall be subject to availability of adequate balance of uncommitted allotments on the budget line(s) against which the commitment are being made.

Section 26. Reallocations of National Budget Appropriations

Following the adoption of the National Budget, all transfer of funds within the budget shall be done consistent with the Budget Transfer Act of 2008.

Cumulative budget reallocations shall be reported in the quarterly fiscal outturn prepared by the Minister.

Section 27. Expiration of Appropriation at End of Fiscal Year

All un-allotted appropriations and all uncommitted allotments will lapse at the end of the fiscal year.

All balances of appropriations committed but not disbursed prior to the end of the fiscal year, shall be available for the settlement of those obligations within 90 days from the end of the preceding fiscal year. All such balances not disbursed after ninety (90) days following the end of the preceding fiscal year shall be moved to government Consolidated Account. The recording, accounting and reporting of such undisbursed balances shall be set out in accounting regulations to be issued under this Act and shall be consistent with the provisions of sections 33, 34 and 35 of this Act.

In order to facilitate proper accounting and reconciliation of the Consolidated Fund, the Minister shall establish new bank accounts at the start of each fiscal year for the collection of revenues against the new fiscal year’s budget. After ninety (90) days following the end of the preceding fiscal year, all accounts established for the execution of the budget of the preceding fiscal year shall be closed and balances therein transferred to the new accounts established for the new fiscal year.

PART V. BORROWING, PUBLIC DEBT, GOVERNMENT GUARANTEES AND

AID MANAGEMENT

Section 28. Government Borrowing

Subject to the limits of authority granted by the Legislature as provided for under Article 34d(iii) at the time of approval of the National Budget, or at any other time in a fiscal year, the Minister is solely responsible for overseeing government borrowing in accordance with specific regulations issued under this Act. This includes domestic and foreign borrowing, as well as concessional and commercial borrowing, and short-term liquidity related borrowing.

The Minister shall issue guidelines, covering terms and conditions to be met in loan agreements.

The Minister, in consultation with the Central Bank of Liberia, shall also issue specific guidelines related to the issuance of domestic government securities and bonds.

All loan agreements which finance the National Budget are to be signed by the Minister on behalf of the government, with the exception of government securities which are handled by the Central Bank of Liberia under the authority of, and in consultation with, the Minister.

All proceeds from government borrowing shall be credited to the Consolidated Fund, except for State Owned Enterprises and other autonomous agencies not falling directly under Central Government control.

Section 29. Government Guarantees

The minister is solely authorized to issue a guarantee on behalf of the government for a loan contracted by a state owned enterprise or public financial institution up to the limit set by the Legislature in approving the National Budget. Details of the issuance and approval of such guarantees will be provided in regulations under this Act.

All contracts that contain commitments involving contingent financial liabilities of the government or State Owned Enterprises must be approved by the Minister and the Debt

Management Committee, Contingent financial liabilities include but are not limited to

any guarantee of performance or payment obligations of another person,
any agreement including indemnification agreement to hold another person harmless or to provide insurance or similar protection against risk or loss,
any guarantee of economic return to another person including any guarantee of profit, income or rates of return,
any agreement to provide financial support to another person in connection with specific activities of such other, and
any other agreement as provided by regulations under this Act.

The State Owned Enterprises or other autonomous agencies not falling directly under Central Government control for whose benefit a Government guarantee is provided, must reimburse the Government, in the manner and timing the Minister may direct, all the sums the Government pays to fulfill the guarantee, and all the expenses the Government incurs in relation to the guarantee.

The procedures to be adopted for the review and approval of guarantees by the Government will be determined by specific regulation to be issued under this Act.

Section 30. Aid Management framework and responsibilities of non-governmental organizations

Notwithstanding the provisions of 12(1)(h) on annexes to the proposed budget, and Section 34(3) on accounting for off-budget donor resources, all spending entities shall fully disclose to the Minister and the Minister of Planning and Economic Affairs, all information related to donor funding not channeled through the national budget. The Ministry and the Ministry of Planning and Economic Affairs shall ensure there are adequate arrangements to gather, store, analyze and report on this information.

Pursuant to the provisions of Section 30(1) above, all spending entities which are beneficiary to donor funding that is not channeled through the budget shall, within seven (7) working days, submit copies of the relevant cooperation agreements and memoranda of understanding to the Minister and the Ministry of Planning and Economic Affairs

Non-governmental organizations which implement development programs funded by public funds, including donor money, shall be accountable through regular financial reporting and submission of annual audited accounts to the oversight line ministry. Regulations will further prescribe the manner, regularity and threshold for NGOs that fall under this requirement.

Section 31. Debt Contracting/Reporting by State-Owned Enterprises and Public Financial institutions

State-owned enterprises and public financial institutions may incur debt through short- and medium-term borrowing and securities issued to finance capital and other non-recurrent expenditures with the express authorization of the Board and written approval of the Minister and the Debt Management Committee. The Legislature shall examine the borrowing limit proposed by the Minister for such entities at the time of submitting central government budget estimates for the following fiscal year.

State owned enterprises and public financial institutions may not issue a guarantee for any debt contracted by a supplier, contractor, or other entity except with the approval of their Board, the express written consent of the Minister and the approval of the Debt Management Committee.

State owned enterprises and public financial institutions must settle amounts outstanding to suppliers within 90 days of the date in which the obligation was incurred, unless specific repayment agreements are in place. Repayment agreements extending beyond 90 days are considered a loan and require the approval of their Board, the express authorization of the Minister and the approval of the Debt Management Committee.

State owned enterprises and public financial institutions shall seek approval of their Boards and consent of the Minister and the Debt Management Committee for their proposed annual borrowing plans before the start of their financial year, including debt restructuring they intend to undertake, which shall be fully reflected in their annual financial plans.

State-owned enterprises and public financial institutions are required to submit to the Minister, at the end of each quarter, a detailed report of their borrowing and debt servicing, including government guaranteed debt, as well as any debt they have restructured, and any outstanding arrears to suppliers more than 90 days overdue.

The obligations related to borrowing, debt restructuring and debt reporting by state owned enterprises and public financial institutions shall be further prescribed in regulations under this Act.

Section 32. Public Debt Recording and Reporting

The Minister is required to maintain up-to-date records of all public debt, including guarantees. Records and information on details of holders of government securities will be maintained by the Central Bank of Liberia.

Accumulated arrears to suppliers at the end of a fiscal year, which are not likely to be settled within the settlement period, specified in Section 27, are considered debt and will be recorded as such, and their settlement included, and reported, in debt service.

Twice a year, the Minister shall prepare and submit a report to the President and Legislature identifying new borrowing and issuance of guarantees, as well as debt repayments, rescheduling, write-offs, and retirements. The Minister will prepare and publish a report on public debt outstanding as well as debt service projections over the mediumterm.

The Minister shall ensure that there is a debt strategy which will from time to time be updated and published showing details of the terms and conditions of any new borrowing as well as those of loans and guarantees that the government may guarantee from time to time.

PART VI. CASH MANAGEMENT AND BANKING ARRANGEMENTS

Section 33. Cash Management

The Minister shall be responsible for ensuring prudent, efficient and cost-effective use of all cash resources of the government.

The Minister shall ensure that cash is made available in a timely manner to settle all duly authorized payments arising from execution of the National Budget

Regulations will be issued under this Act to prescribe an effective cash management system for the government through which the objectives stated in Section 33.1 and Section 33.2 are to be achieved. The regulations inter alia shall: Empower the Minister to require from all users of the budget, the information deemed necessary by the Minister for the effective operation of the cash management system;

Require the Minister to establish the institutional and administrative arrangements needed to manage the cash management system within the Ministry;

Give the Minister right to information on all bank accounts of government; and

Authorize the Minister to keep the Central Bank of Liberia informed of plans to contract short-term borrowing to cover cash shortfalls, and coordinate with the Central Bank of Liberia on in-year liquidity management.

Section 34. Banking Arrangements

The banking arrangements of government will reflect, to the extent possible, the principles of a Treasury Single Account, in which all accounts of central government are essentially managed as one from a cash point of view.

No Central Government bank account, whether in or outside the country, shall be opened without the prior written authorization of the Minister.

The main Revenue bank account of the government shall be established in the Central Bank of Liberia, into which all revenues shall be deposited and from which all payments will be made.

The Minister shall, in agreement with the Central Bank of Liberia, authorize the opening of bank accounts in domestic and foreign commercial banks to act as transitory bank accounts to facilitate the collection of revenue. The details relating to the management of these transitory accounts will be provided in regulations or instructions to be issued under this Act.

The Minister shall in consultation with the Central Bank of Liberia authorize the opening of any numbers of Government bank accounts at the Central Bank of Liberia, domestic banks and foreign commercial banks for the purpose of processing payments.

The procedure for transfer of money from the consolidated fund, opening and closing and operating Government bank account will be prescribed in regulation under this Act. The Minister may also issue instructions and guidelines for operating bank account.

PART VII. ACCOUNTING AND REPORTING

Section 35. Accounting

Accounting Rules and Standards for central government should adhere to internationally accepted principles, and are to be applied consistently to all government agencies, including autonomous agencies, as well as local governments or any other subdivisions of Government at the local level, whether in existence or to be established in the future.

The Minister, in consultation with the Auditor General, shall be responsible for establishing the Accounting Rules and Standards for central government. These will be set out in accounting regulations established under this Act, and further detailed in instructions and guidelines issued by the Minister.

The accounting regulations shall also include specific rules and standards for the accounting of all donor funded assistance provided to the government not channeled through the government’s accounting system.

The Minister, in consultation with the Auditor General, shall issue the chart of accounts, which will conform to the structure prescribed for budgetary classifications specified in this Act and or accompanying regulations.

The Minister shall establish a central accounting function in the Ministry whose functions will be defined in regulations to be issued under this Act:

Each minister or head of a budgetary institution or agency is responsible, under guidance issued by the Minister, for the establishment of an accounting function within the ministry/institution/agency in accordance with the requirements prescribed in accounting regulations, instructions and guidelines under this Act.

Each minister or head of a budgetary institution or agency is responsible for the filing, maintenance and safekeeping of all documents related to public finance transactions, in a manner and for the length of time prescribed in accounting regulations under this Act.

Section 36. Reporting

It is a general responsibility under this Act for all government officials handling public financial transactions to ensure that financial information is reported in a timely, comprehensive, and accurate manner, in the manner prescribed in this Act, under its regulations, and in instructions issued by the Minister.

Each Spending Entity is required, where applicable, to provide a monthly report on revenues and a quarterly expenditures performance report to the Minister in the terms, format and within the timeframe determined by regulations under this Act.

Notwithstanding the provisions of Section 35.2 above spending entities shall further submit to the Minister on a quarterly basis, the accounts of the spending agency comprising a statement on cash flow a statement on revenue and expenditures from the Consolidated Fund a balance sheet showing assets and liabilities as at the end of the quarter; and such other details as may be prescribed in regulations to be issued under this Act.

Based on the information received from each Spending Entity, the Minister shall produce a consolidated quarterly report comparing budget execution and revenue collections to the estimates contained in the National Budget. This report shall be available to the President, the Legislature and the general public within forty-five (45) days of the end of the quarter. The format of these monthly and quarterly reports will be prescribed in regulations under this Act.

Section 37. Final Account of the National Budget and External Auditing

The Minister shall prepare the unaudited Final Account of the National Budget and submit it to the Auditor General no later than four (4) months after the end of the fiscal year.

The unaudited Final Account of the National Budget shall be in accordance with the content and classifications of the budget. The content, format, timeframe and procedures for the preparation and submission of the Final Account of the National Budget shall be determined by accounting regulations under this Act.

The constitutionally established and other statutory institutions of the State shall be obligated to prepare and submit their annual accounts to the Minister for consolidation into the final accounts. All such entities including public corporations not funded directly from the state budget shall make provision for annual audit fees to be charged by the Auditor General in the conduct of his/her responsibilities. Rates and amounts of the audit fees to be charged shall be determined by the Minister in consultation with the Auditor General during Budget preparation. Such amount shall be placed in the Budget of the General Auditing Commission,

Notwithstanding the provisions of Section 37(3) above, the accounts of the General Auditing Commission shall be audited, at least once in every financial year, by a registered and reputable firm of qualified public accountants and auditors appointed by the Legislature or possessing such other qualifications as the Legislature may deem appropriate, at such remuneration and on such other terms as the Legislature may determine. The remuneration of the auditor appointed under this section shall be defrayed from the funds of the General Auditing Commission.

The Auditor General shall review the Final Account of the National Budget produced by the Minister and forward an audit report, along with the Final Account, to the Legislature no later than four (4) months after receipt of the unaudited Final Account from the Minister. The audit report of the Auditor General shall include response and clarifications furnished by the Minister on the observations and comments raised by the Auditor General on the unaudited accounts.

The Auditor General shall publish the audit report in the Official Gazette and make it available to the Legislature and the public within one month of the completion of said audit report.

PART VIII. INTERNAL CONTROL AND AUDIT

Section 38. Internal Control and Audit

The ministers of line ministries and heads of institutions and agencies of government are ultimately responsible for all financial operations and transactions undertaken within their organization, including any sub-units they supervise or control. The minister or head is assisted by an internal auditor, reporting directly to him or her, whose tasks shall include inter alia:

To periodically review the organization of financial management within the organization or unit
To assess the adherence to all financial management procedures and processes prescribed in this Act, its regulations and in instructions issued by the Minister;
To evaluate the adequacy of management checks and balances, and controls, in the financial management practices within the organization or unit; and
To recommend to the line minister or head of agency remedial actions where required or desirable and inform the Minister accordingly.

The function, reporting responsibilities, and activities of internal auditors shall be prescribed in regulations under this Act, supplemented by instructions and guidelines issued by the Minister in collaboration with the Auditor General,

Under this Act, copies of all internal audit reports prepared by internal auditors contracted directly under donor funded projects shall be provided to the internal auditor of the ministry under which the project is established.

Internal audit reports will be made available to the Auditor-General. The Auditor General than produce an annual audit report on internal controls over financial reporting including an evaluation of internal audit.

PART IX. AUTONOMOUS AGENCIES AND SPECIAL FUNDS

Section 39. Application of the general financial management provisions of this Act

Autonomous agencies and Special Funds under the direct control of the Central Government shall adopt the same financial management rules and adopt the same financial year as the government.

Autonomous agencies and Special Funds must keep full and proper records of the financial affairs of the agency in accordance with the relevant rules and procedures set forth in this Act and its regulations.

Autonomous and semi-autonomous agencies and Special Funds shall submit their Annual Accounts to the Minister, Sector Minister and Auditor General three months after the end of the fiscal year.

Section 40. Submission and Finalization of Budgets of autonomous, semi-autonomous agencies and Special Funds

Each autonomous agency and Special Fund must submit to the Ministry, at least four months before the start of the government’s financial year:

Its budget presented in a format and structure prescribed by the Ministry; The Minister shall examine all such budget proposals and advise the President and the Legislature accordingly.
A statement identifying the source and purpose of any donor assistance expected to be received during the budget year;
A statement of any outstanding debt, including accumulated arrears to suppliers;

The Minister shall notify the autonomous agency and Special Fund of the final decision on the level of funding from the National Budget, established during the budget discussions, and request them to re-submit a revised budget should the funding be different from the amount requested.

Section 41. In-Year Reporting and Annual Accounts for autonomous, semiautonomous agencies and Special Funds

Each autonomous agency and Special Fund shall submit, within 30 days of the end of each calendar quarter, to the President and the Minister, a financial report, in a format and structure prescribed in regulations and instructions issued by the Minister pursuant to this Act, comparing actual revenues and expenditures to its approved budget plan,

Save for the General Auditing Commission, each autonomous agency and Special Fund shall prepare financial reports for each financial year and submit those financial reports within two months after the end of the financial year to the President, the Minister and the Auditor General. The Auditor General shall prepare and submit annual accounts of the General Auditing Commission to the Legislature and the President in the same time limit set for other autonomous agencies and Special Funds in this section. The manner, format and contents of the financial reports shall be prescribed in financial and accounting regulations under this Act.

Section 42. Payments over of Surplus Money by autonomous and semi-autonomous agencies

Notwithstanding the provisions of the law establishing the public corporation, the Minister and the Sector Minister in consultation with the Board of Directors shall direct, a public corporation to pay to the Government the money administered by it in excess of the amount required for the purposes of the corporation,

Any money so paid may be applied as revenue of the Government of Liberia.

PART X. SPECIFIC PROVISIONS RELATED TO STATE OWNED ENTERPRISES

Section 43. Mandate and Scope

The Government shall establish the institutional arrangements on matters pertaining to governance and policy formulation and oversight of State Owned Enterprises.

The mandate, functions, mode of operation and reporting requirements of a state owned enterprise shall be governed by the law establishing the state owned enterprise, the Bureau of State Enterprises Decree (1985) as may be amended from time to time, and any other legislation.

Without limiting the generality of subsections (1) and (2) above, the provisions in this part, as well as sections 28,29 and 30 relating to public debt, borrowing, guarantees and debt reporting, shall apply without exception and in an overriding manner, to all state owned enterprises.

Section 44. Financial Plans of State Owned Enterprises

The strategic plan and annual financial plans for each state owned enterprise shall be approved by the board and copies thereof submitted to the Sector Minister and the Minister.

The Minister may prescribe the format in which the financial plans required by this section shall be prepared.

Section 45. In-year reporting and Annual Accounts of State-Owned Enterprises

State-Owned Enterprises shall, within one month after the end of the previous quarter submits their quarterly financial statements to the Board of Directors for onward submission to the Minister, Sector Minister. Additional financial accountability and reporting requirements by State-Owned Enterprises shall be prescribed in regulations pursuant to this Act.

State-Owned Enterprises shall prepare and submit their Annual Reports to the Board of Directors for onward submission to the Minister, Sector Minister, Auditor General and the Bureau of State Enterprises two months after the end of the financial year to which they relate. The Auditor General shall review the Annual Report and present his/her opinion to the Legislature alongside the audit report of government financial operations for the previous financial year.

The Minister of Finance shall present a statement of the overall performance of State Owned Enterprises to the Legislature alongside the budget proposals of the following financial year.

Section 46. Dividend Policy

The board shall be responsible to set General Policy on dividend and ensure that such policy is adopted and respected by the management of the state-owned enterprise, taking due consideration of the financial well-being and interest of the enterprise.

The expected dividend from a state-owned enterprise shall be reflected in the annual national budget presented to the Legislature.

Where a state owned enterprise makes an extraordinary profit, the board shall inform the Minister and the Sector Minister with a proposal for an additional dividend for their consideration and agreement on behalf of government.

All dividends are to be deposited into the Consolidated Fund.

Dividend payments shall not be counted against any tax (or other) obligations the state owned enterprise may have towards the government.

PART XI. SANCTIONS

Section 47. Sanctions Regime

The infringement of any provision of this Act or its regulations is subject to sanctions as specified in the relevant and applicable administrative or criminal legislation.

The sanctions for the infringement of the provisions of this Act may be administrative or criminal sanctions depending on whether the infringement constitutes an infraction, a misdemeanor, or other higher crime.

PART XII. FINAL AND TRANSITIONAL PROVISIONS

Section 48. Entry into Force

This Act enters into effect on September 2, 2009, except for the provisions of this Act listed below that are subject to the following delayed effective dates: (a) Sections 4 regarding establishment and operational issues of the Consolidated Fund that will be operational twelve (12) months from the date this Act becomes effective. (b) Section 11(3) regarding budget preparation in the context of the Medium Term Expenditure Framework (MTEF) and 12(h) regarding reporting on donor financing will be fully implemented in the medium term (2 years). (c) Section 32 regarding establishment and operational issues of the Treasury Single Account that will be operational twelve (12) months from the date this Act becomes effective.

To the extent consistent with this Act, all regulations and procedures in force immediately prior to the approval of this Act shall remain in force, except as specified in Section 48.

Section 49. Repealed and Amended legislation

Laws amended or expressly repealed. The following laws and regulations shall be deemed amended or repealed and are superseded by this Act:

Conflict. Where any law or regulation in existence on the effective date of this Act and not listed in Section 49.1 contains provisions that are in conflict with any provision(s) of this Act, the said law or regulation shall be deemed repealed to the extent of the conflict or inconsistency and this Act shall be determinative of the matter in question.

2.2 PROCUREMENT AND AUDIT

2.2.1 AMENDED AND RESTATED PROCUREMENT AND CONCESSIONS ACT (2010)

PART I: PRELIMINARY

PART II – PUBLIC PROCUREMENT AND CONCESSIONS COMMISSION

PART III – ENTITIES

PART IV – GENERAL PROVISIONS ON PROCUREMENT PROCEEDINGS

PART V – METHODS OF PROCUREMENT

PART VI – SPECIFIC PROCEDURES FOR PROCESSING CONCESSION

AGREEMENTS

PART VII – RULES ON DISPOSAL OF STORES, PLANT AND EQUIPMENT

PART VIII – COMPLAINTS AND REVIEW PROCESS

PART IX – GENERAL PROVISIONS

PART I – PRELIMINARY OBJECTIVES OF THE LAW

This Act regulates all forms of public procurement and Concessions, establishes the Public Procurement and Concessions Commission, provides for institutional structures for public procurement and Concessions, and stipulates methods and procedures for public procurement and Concessions and for purposes related thereto.

This Act is intended to:

Maximize economy and efficiency in procurement and Concessions, and obtain best value for public expenditures;

Promote economic development of Liberia;

Build capacity of officials and institutions in public procurement;

Promote competition and foster participation in procurement proceedings and Concession agreements by qualified suppliers, contractors and consultants;

Provide equal access without discrimination to all eligible and qualified providers

of goods, works and services and fair and equitable treatment of all bidders;

Promote integrity, fairness, accountability and public confidence in the procurement process;
Achieve transparency in the procedures, processes and decisions relating to procurement and Concession agreements;

Decentralize public procurement to procuring entities;

Promote the growth of an indigenous Liberian Private sector;

Harness private sector financial, human and technical resources through Concession agreements; and

Eradicate monopolies and promote competitiveness in the Concession procurement process.

1. Scope and Application

This Act shall apply to the procurement of goods, works and services, financed in whole or in part from public funds including the disposal of government stores, plant and equipment and all Concessions as defined under this Act.

Notwithstanding the generality of subsection (1) of this Section, this Act shall apply to:
- All executive agencies including Government ministries, commissions, bureaus, departments and agencies;

The Judiciary and the Legislature;

Subsidized Agencies;

Independent bodies and commissions set up by the State;

All public enterprises which are wholly owned by the State or in which the State has a majority interest;

Counties, districts and local authorities;

Public universities, public schools, colleges and hospitals;

Financial institutions, public trusts, pension funds, insurance companies, building societies and similar institutions which are wholly owned by the State or in which the State has majority interest;

National security institutions subject to the provisions of subsections 3(c) and 5 of this Section;

Any private sector entity vested with responsibility for the execution of activities using public funds; and
Concession Entities as defined under Part VI of this Act.

Non-application

This Act shall however not apply to:

International agreements concluded between the Government of Liberia and other countries or international organizations for general or specific projects where these agreements provide for specified procurement rules and procedures;

Agreements executed by the Central Bank of Liberia relating to the implementation of monetary policy or procurement related to the production of coins or currency provided that agreements relating to the general administration of the Central Bank of Liberia will not be excluded from the application of the Act including but without limitation procurement of general stores, stationery, office equipment or vehicles; and

Procurement of military or national security equipment subject to subsection 5 of this Section.

Conditions Applicable To Exemptions

The government agency responsible for the execution of the agreements stated in subsections 3 (a) and (b) of this Section on behalf of the Republic of Liberia shall inform the Head of the relevant Entity of the provisions of such agreements.

The following rules shall apply to subsection 3(c) of this Section:

Where the Minister responsible for Defense, or the head of any national security agency with the prior approval of the President and the National Security Council, determines that any procurement related to national defense or national security requires the application of special procedures, the procedures set out in this Act may be modified by the Commission for the specific procurement, but the modification shall be governed strictly by considerations relating to defense or security.

For the purpose of subsection 3(c) of this Section, procurement of items such as general stores, uniforms, stationery, office equipment and ordinary vehicles for the military or security agencies shall not be classified as related to national defense or national security procurement.
The Commission, in consultation with the President and National Security Council, may by regulation adopt further procedures relating to military and national security procurement.

Application of Other Enactments

Nothing contained in this Act shall be interpreted to limit or prevent the application of specific legislation enacted to regulate and govern Concessions in specific sectors of the economy provided each regulation is consistent with this Act.

Strengthening the Concession Process

The Government shall introduce legislation providing for the creation of an autonomous entity headed by a Presidential appointee subject to the consent of the Liberian Senate to monitor and evaluate compliance with concession agreements in collaboration with all concession entities in Liberia.

2. Interpretation

Except as otherwise stated under this Act, the following words shall have the respective meanings ascribed to them in this Section:

“Act” when referred to as “this Act,” means this Amended and Restated Public Procurement and Concessions Act, and, when referred to as “the original Act,” means the Public Procurement and Concessions Act of 2005.

“affiliate” with respect to any individual, organization or other entity means any other individual, organization or other entity that controls, is controlled by, or is under common control with the first such individual, organization or other entity.

“bid” means the response submitted to an invitation for bids. However, in some contexts (including Sections 35 and 36), “bid” is used as a generic term which includes responses to an invitation for bids, a request for quotations or a request for proposals, and in other contexts (such as Section 59) “bid” includes only responses to an invitation for bids or a request for quotations.

“bidder” means a supplier of goods, services or works who submits a bid, proposal, or quotation; or an applicant for the acquisition of government stores, plant or equipment being disposed of or an applicant submitting a bid for a Concession. The term “bidder” also includes, unless the context otherwise requires, a supplier or applicant seeking designation as a qualified bidder in a prequalification procedure.

“Bid Evaluation Panel” means the body constituted pursuant to Section 30 of

this

Act.

“bid security” means the security provided by a bidder to secure the obligation of the

bidder participating in a procurement or Concession bidding process, including any obligation to sign the procurement or Concession contract in accordance with the requirements of the bidding documents.

“Bureau of Concessions” means the Bureau of Concessions of the Ministry of Finance and any ministry or agency of the Government that succeeds to its functions

“business day” means a date on which offices of the Government in Monrovia are generally open for business.

“Certification for Concessions” means a certification by the Minister responsible for Economic Planning that a project is qualified to be a subject of a Concession procurement process.

“Close Relative” means, as to any person, a parent, child, brother, sister, in-law, grandchild, grandparent, uncle, aunt, niece, nephew or first cousin of such person, or the spouse of any of the foregoing.

“Coercive Practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or the property of a person to influence the action of a public officer in the selection process or in contract execution, or to affect the participation of another person in the bidding process.

“Collusive Practice” means a scheme or arrangement between two or more bidders with or without the knowledge of the Procuring Entity, designed to establish prices or terms at artificial non-competitive levels whether or not such scheme or arrangement results in a contract.

“Commission” means the Public Procurement and Concessions Commission established under this Act, including the Commissioners, the Complaints, Appeals and Review Panel, the Executive Director and the Secretariat.

“Commissioners” refer to persons appointed under Section 6 of this Act.

“complaint and appeal panel” has the meaning given in subsection (7) of Section 10 of this Act.

“Complaints, Appeals and Review Panel” means the panel constituted pursuant to Section 10 of this Act.

“Concession” has the meaning given in Section 73 of this Act.

“Concession Bid Evaluation Panel” means a panel for evaluating bids for a specific Concession constituted pursuant to Section 111 of this Act.

“Concession Entity” means an Entity that proposes to award a Concession.

“Concession Information Memorandum” means the information that is provided in a request for proposals covering a proposed Concession.

“Concession Procurement Plan” means a plan prepared pursuant to Section 79 of this Act.
“conflict of interest” means, in respect of a person, where the person or a Close Relative of that person has an interest that may influence or be perceived to influence the performance of the person’s functions or duties under this Act.

“Corporate Manner” means the observance of rules and procedures, statutory or otherwise, governing decision-making in a Procuring Entity, including recordkeeping, transparent actions and ethical behavior.

“Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the action of a public officer in the selection process or in contract execution.

“Day” means working days excluding Saturdays, Sundays and public holidays.

“Domestic Business” means a private sector entity or firm incorporated under the laws of the Republic of Liberia and operating in Liberia.

“emergency” means any situation that (a) threatens public health, welfare, safety or security, or (b) brings about an urgent need for preservation of critical services or programs.

“Entity” means a ministry, department, agency or county of the Republic of Liberia.

“Entity Concession Committee” means a committee appointed by the Head of a Concession Entity pursuant to Section 77 of this Act.

“Executive Director” means the executive director of the Commission provided for in Section 15 of this Act.

“Fraudulent Practice” means any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation.

“Force Account” as defined in Section 46 subsection 6 and 7.

“goods” means tangible items in any form including raw materials, products, equipment and objects in solid, liquid or gaseous form, as well as services incidental to the supply of the goods where the value of those incidental services is insignificant in relation to the value of the goods.

“Head of the Entity” means the person responsible for the overall function of the Entity. In the case of a ministry, the Head of the Entity is the responsible minister. In the case of each autonomous department or agency of the Government, the Head of the Entity is the Chairperson, Director-General or other person responsible for the functioning of that department or agency, regardless of title. In respect of the counties, the Head of the Entity is the political head of the county, howsoever designated.

“hearing panel” has the meaning given in subsection (7) of Section 10 of this Act.
“Inter-Ministerial Concessions Committee” means the inter-ministerial committee established for the purposes of a specific Concession award process under Sections 80 and 81 of this Act.

“interest” when used in the context of conflicts of interest (including in Sections 13 and 84 of this Act) includes any relationship, investment, benefit (pecuniary or non-pecuniary), or any direct or indirect involvement or engagement of a person or a Close Relative of that person in any business transaction or arrangement for profit.

“invitation to bid” in the context of Part VI of this Act, means either an invitation to bid for a Concession or a request for proposals for a Concession, as the Concession Entity and the Inter-Ministerial Concessions Committee may determine, and, in the context of Part V, means the solicitation used for national and international open competitive bidding.

“Liberian Business” means a private sector entity or firm organized under the laws of the Republic of Liberia and operating in Liberia that has 51% or more legal and beneficial ownership by Liberian citizens. For the purposes of this definition, a person is the “beneficial owner” of shares or other property if the person is entitled to receive all or substantially all the benefits of the ownership of the property, even though another person holds bare legal title to the property.

“Margin of Preference” means the margin given to bidders on the basis of Section 45 or Section 99 of this Act.

“Mineral Development Agreement” has the meaning set forth in the Mining Law.

“Mining Law” means The Act Adopting A New Minerals And Mining Law Part 1, Title 23, Liberian Code Of Laws Revised; Approved April 2000, as from time to time amended, modified or supplemented.

“Minister” means the minister in charge of a Ministry of the Republic of Liberia.

“Negotiation Team” means a team designated for the negotiation of a particular Concession pursuant to subsection 5 of Section 118 of this Act.

“Performance Security” means a financial instrument submitted by a bidder to secure the bidder’s obligations under a procurement or Concession contract, including but not limited to a bank guarantee, insurance bond or financial deposit.

“Person” means an individual, partnership, corporation, limited liability company, association, trust, unincorporated organization, business entity or any governmental body, organization or authority.

“Procurement” means the acquisition by contract of goods, services or works. The procurement process begins with planning and ends with the completion of the post-contract phase.

“Procuring Entity” means an entity carrying out procurement of goods, works, services or disposal of stores, plant and equipment using public funds and/or assets under this Act.
“Public funds” means funds of the Republic of Liberia including such funds as may be designated by the Legislature whether the source of such funds is from taxes, grants, gifts, loans, internally generated funds of public- and state-owned entities or other sources.

“Public Interest” means the interest that will inure to the people of Liberia.

“Public Officer” means any person who is considered a public officer under the civil and public service law of the Republic of Liberia.

“Publish” or “Publication,” unless otherwise specified in this Act or in regulations adopted by the Commission, (a) when publication is required from an Entity, means placement of the relevant information in a newspaper of wide circulation in Liberia and posting the information on the web-site of the relevant Entity or, if the Entity lacks a web-site, on the website of the Commission, (b) when publication is required from the Commission or the Complaints, Appeals and Review Panel, means placement of the relevant information in a newspaper of wide circulation in Liberia and posting the information on the web-site of the Commission, and (c) when publication is required with respect to International Open Competitive Bidding, in addition to any publication required by (a) or (b), means placement of the relevant information in an international newspaper with adequate circulation to attract foreign competition, in the United National Development Business online (UNDB online) website and in the Development Gateway’s Market, or any successor publications to UNDP online or Market. Information required to be published must be published as soon as reasonably practical after it becomes available to the Entity, the Commission or the Complaints, Appeals and Review Panel and, if published on a web-site, must remain accessible until the later of (i) six (6) months from the date of publication on the web-site and (ii) such time as all events referred to in the information as events to occur in the future have occurred and become final. Decisions of the Complaints, Appeals and Review Panel must remain available on the web-site of the Commission indefinitely in reasonably indexed form.

“Regulation” means, unless the context clearly otherwise requires, regulations adopted by the Commissioners that have become effective as provided in Section 134 of this Act, provided that any regulations adopted and effective under the original Act that are not directly in conflict with the requirements of this Act shall remain in effect until amended, modified, supplemented or supplanted by the Commissioners.

“Schedule” means the Schedule annexed to this Act, as such Schedule may be amended, modified, supplemented or supplanted by regulation of the Commission in accordance with Sections 134 and 139 of this Act.

“Secretariat” means the Secretariat of the Commission provided for in Sections 14 and 16 of this Act.

“Services” means services which are of an intellectual, technical or advisory nature, including consultancy services.

“Solely-Owned Liberian Business” means a private sector entity or firm organized under the laws of the Republic of Liberia and operating in Liberia that

has 100% legal and beneficial ownership by Liberian citizen(s). For the purposes of this definition, a person is the “beneficial

owner” of shares or other properties if the person is entitled to receive all of the benefits of the ownership of the shares or properties.

“Subsidized Agency” means an agency established by Government to provide public service but which may generate its own funds in addition to funds from public funds.

“Threshold” means the Threshold levels set forth in the Schedule, as such

Schedule may from time to time be amended or modified as permitted by this Act..

“Works” means work associated with the construction, reconstruction, demolition, repair or renovation of a building or structure or surface and includes site preparation, excavation, assembling, installation of plant, fixing of equipment and laying out of materials, decoration and finishing, and any incidental activity under a works contract.

PART II – PUBLIC PROCUREMENT AND CONCESSIONS COMMISSION

Establishment of the Public Procurement and Concessions Commission
- There is hereby established by this Act a body to be known as the Public Procurement and Concessions Commission, referred to in this Act as “the Commission”.

The Commission shall have the oversight responsibility for all public procurement and Concessions in accordance with this Act.

The Commission shall have a distinct corporate identity with perpetual succession and a common seal and may sue and be sued in its corporate name.

The Commission may acquire, hold, manage or dispose of any movable or immovable property in connection with the discharge of its functions and may enter into contracts and transactions that are directly or reasonably related to its functions.

4. Objects of the Commission

The object of the Commission is to ensure the economic and efficient use of public funds in public procurement and to ensure that public procurement and Concession processes are conducted in a fair, transparent and non-discriminatory manner.

5. Functions of the Commission

In furtherance of its objects, the Commission shall perform the following functions:

Monitor compliance with this Act by all parties and persons towhom the Act applies;

Disseminate information related to this Act and information related thereto;
Develop rules, instructions, regulations and related documentation on public procurement and concessions procedures, including designing formats in furtherance of this Act;

Formulate, promote, support and implement human resource development programs in furtherance of the aims of this Act;

Review procurement and Concessions documents and/or inspect records as and when necessary to prevent corruption of the any intended processes;

Formulate policy and prepare standards for procurement and Concessions, including forms of contract;

Assess the operations of the public procurement and Concession processes and make improvements as and when necessary;

Present an annual report to the Legislature on the public procurement and Concessions, which shall be a public document;

Hold an annual procurement forum on the status of the implementation of this Act;

Publish a quarterly public procurement and Concessions magazine and maintain an internet-accessible public national database that is updated regularly that includes procurement notices above a specified threshold, notices on Concessions, notices of invitations to bid and contract award information above a specified threshold, a list of complaints received, the outcome of the procurement or Concession dispute resolution process and any other procurement information specified in this Act or by regulation for public disclosure by the Commission.

Advise the Government on issues related to this Act;

Investigate and debar business entities and bidders who have seriously neglected their obligations under a public procurement or Concessions contract or done anything in contravention of this Act from participating in public procurement and Concessions in accordance with this Act;

Maintain and publish a list of suppliers, contractors, consultants and prospective bidders who have been debarred from public procurement and communicate the list to procurement entities on a regular basis;
Conduct independent reviews of complaints and appeals related to the procurement and Concessions process and make decisions thereon;

Formulate with advice from the appropriate public sector institutions appropriate certifications and qualifications requirements for the professionalization of staff members of Procurement Units;

Perform such other functions as are incidental to the attainment of the objects of this Act.

6. Member ship and Appointment

The overall leadership of the Commission shall be vested in seven (7)

Commissioners appointed in accordance with this Section 6 of this Act. The Commissioners shall be nominated by the President in accordance with subsections (2) through (4) of this Section and with the consent of the Senate shall be appointed and commissioned by the President. The Commissioners shall be persons in good standing and of unimpeachable character.

The Commissioners shall include:

a chairperson who shall be knowledgeable in public procurement and Concessions procedures and practices and financial management;

three (3) persons with experience in the public sector, as follows:

a lawyer from the office of the Attorney General other than the

Attorney General, who shall be nominated on the advice of the Attorney General; and

two (2) persons, at least one of whom shall be a woman, and each of whom shall have prior experience in public procurement and/or Concessions procedures and practices and/or be familiar with governmental operations; and also possess training in management and economics;

three (3) persons nominated from the private sector.

In furtherance of subsection 2(c) of this Section, the President shall seek to ensure that such persons from the private sector are knowledgeable in procurement or concessions management.

The President shall ensure that in making such nominations of the seven (7) Commissioners or in the filling of any vacancy under Section 11 of this Act, the experience of the nominees shall as much as possible be evenly spread over the scope covered by this Act.

No member of the Commission, including the Executive Director, members of the secretariat, shall engage in activities that may conflict with his/her assignment while serving at the Commission.

No Commissioner may, while serving as a Commissioner, otherwise serve as a Government officer or employee except with respect to the lawyer from the office of the Attorney General.

7. Tenure of Office

The Chairperson of the Commission shall be appointed by the President with the consent of the Senate for a term of four (4) years and shall be eligible for reappointment for one additional term of four (4) years.

To ensure continuity, the President on a staggered term basis, subject to confirmation by the Liberian Senate, shall appoint six (6) additional persons for terms as follows:

Three (3) persons shall be appointed for an initial term of three (3) years;

Three (3) persons shall be appointed for an initial term of two (2) years. Thereafter, all subsequent appointments shall be for a fixed period of four years.

Commissioners so appointed shall be eligible for re-appointment once.

A Commissioner may be removed from office by the President on any of the following grounds:

Inability to perform the functions of office by reason of infirmity of mind or body;

Proven misconduct;

Conviction of an offence involving fraud or dishonesty;

Absence from seven (7) consecutive meetings without any valid reason as determined by the Commission, provided that at least two (3) of the meetings are meetings required under Section 8 of this Act;
Failure timely to disclose a material conflict of interest; or

Persistent failure substantially to comply with his or her duties under the

Act, but only following a request from a majority of the other Commissioners for the removal of such Commissioner on the grounds of persistent and continuing failure to perform such duties.

A person may also cease to be a Commissioner if the person resigns from office by written notice to the President with a copy to the Senate.If the person who is a Commissioner by virtue of being a lawyer in the office of the Attorney General for any reason no longer occupies such a position, he or she is conclusively deemed to have resigned as a Commissioner effective on the date his or her position with the office of the Attorney General terminates.

8. Meetings of the Commissioner s and Election of Vice Chairperson

The Commissioners shall elect one of their members as a Vice Chairperson. The Commissioners shall hold regular meetings for the dispatch of business once every month or not less than once every quarter at such regular time and place as may be fixed by the Commissioners from time to time.

If the Commissioners are unable to meet at their regular meeting place the Chairperson shall fix an alternate meeting place, provided that the Commissioners receive notice of the new location at least three (3) days in advance of the meeting.

The chairperson shall preside at meetings of the Commissioners. In the absence of the chairperson, the vice chairperson shall preside, and in the absence of both the chairperson and the vice chairperson, the Commissioners shall elect one of their members to preside. The Executive Director shall serve as the non-voting secretary for meetings of the Commissioners, and if the Executive Director is unable to attend, he or she shall designate another senior member of the Secretariat to attend and serve as acting secretary.

The quorum for a meeting of the Commissioners shall be five (5) Commissioners. Any action to be taken or approval to be given by the Commissioners under this Act or any regulations adopted pursuant thereto shall be deemed to be taken or given if it has the affirmative vote of at least five Commissioners, unless a greater number is expressly required by the terms of this Act.

Each Commissioner shall have one vote, but in case of an equality of votes, the Chairperson whether substantive or in acting capacity shall have a casting vote.

The Commission may co-opt any person to act as advisor at a meeting of the Commissioners. No co-opted person shall have the right to vote on any matter being considered by the Commissioners.

Except as otherwise expressly provided in this Act, the

Commissioners shall determine the procedure for their meetings.

9. Filling of Vacancies among the Commissioners

If a Commissioner ceases to be a Commissioner, the following actions shall be taken:

The Chairman or Vice Chairman shall notify the President of a vacancy within fifteen (15) days of the date on which the person ceases to be a Commissioner, and the President shall promptly act to fill the vacancy in accordance with Section 6 and 7 of this Act;
If the chairperson ceases to be a Commissioner, the Commissioners shall within thirty (30) days elect one of their members to act as chairperson to serve until such time as the President appoints another chairperson. The President may designate the new chairperson from among the Commissioners then holding office or may designate a newly appointed and commissioned Commissioner as chairperson.

In the case of the vice chairperson, the Commissioners shall within thirty (30) days of the occurrence of the vacancy elect a Commissioner to fill that position.

The President shall, within sixty (60) days of receiving a request to fill a vacancy or the vacancy coming to the notice of the President, nominate a new person for the approval of the Liberian Senate to fill the vacancy.

A person appointed and commissioned to fill a vacancy among the Commissioners shall, subject to Section 7 of this Act, hold office for the remainder of the term of the Commissioner whom such person replaced. A person appointed and commissioned to fill a vacancy with a remaining term of less than 18 months at the date of appointment may thereafter serve up to two complete terms, which may but need not be consecutive.

10. Complaints, Appeals and Review Panel

The Commission shall have a Complaints, Appeals and Review Panel which shall perform the following functions:

deciding complaints and appeals to the Commission made

pursuant to the provisions of Part VIII of this Act;

advising the Commission on regulations and procedures proposed for adoption;

advising the Commission on standard form contracts and other documents proposed for adoption;

conducting hearings and making findings of fact in debarment

cases; and

based on its experience in resolving complaints and appeals and conducting hearings, advising the Commissioners and the Executive Director as to potential improvements in this Act and in the regulations, guidelines or procedures of the Commission.

The Complaints, Appeals and Review Panel shall consist of five (5) persons.

(a) Three (3) of such persons shall be qualified and licensed lawyers. (b) Two (2) of such persons shall be non-lawyers who have significant experience in the procurement or Concession process or in matters relating to the administration of procurement or Concession contracts.

(c) The members shall be persons in good standing and of unimpeachable character and may not be officers or employees of any ministry, agency or other arm of the Government.

The members of the Complaints, Appeals and Review Panel will be

appointed by the President in the manner provided in this subsection (3).

Within seventy-five (75) days of the effective date of this amendment and restatement, the Commissioners shall deliver to the President a list of at least ten (10) candidates for membership on the Complaints, Appeals and Review Panel selected on a competitive basis, including not less than six (6) persons qualified under subsection 2(a) of this Section and not less than four persons qualified under subsection 2(b) of this Section.

If the President does not appoint all five members of the Complaints, Appeals and Review Panel from this list, the Commissioners shall deliver to the President lists of additional candidates, selected with regard to the number of positions remaining vacant under subsections 2(a) and 2(b) of this Section, until the President has appointed all five members of the Complaints, Appeals and Review Panel.

On the date when at least three new members have been appointed under the provisions of this subsection 10(3), provided that if at such time any complaint or application for review has been timely and properly filed with the existing Complaints, Appeals and Review Panel and remains undecided, the existing Complaints, Appeals and Review Panel shall remain in existence solely for the purpose of hearing and resolving such complaint or application (and, notwithstanding any procedures enacted by this Act, shall continue to apply the procedures for the resolution of any such complaint or application for review that existed on the date such complaint or application for review was filed), without prejudice to the commencement of operations of the newly appointed Complaints, Appeals and Review Panel. Prior to expiration of the terms of the members of the Complaints, Appeals and Review panel existing under the original Act, the Complaints, Appeals and Review Panel shall perform all the functions contained in subsection (1) of this Section except the function in subsection (1)(d).
The President shall designate the terms of the five members initially appointed under this subsection (3) so that two (2) members serve for three years, two (2) members serve two years and one (1) member serve for one year.

All subsequent nominations and appointments (other than to fill vacancies) shall be for regular three year terms, each ending on the June 30 three years after the expiration date of the prior term.

At the end of the term of each member, and whenever there is a vacancy on the Complaints, Appeals and Review Panel, the Commissioners shall seek to identify and screen qualified candidates for submission to the President in accordance with this Act. At least two candidates shall be provided for each vacancy, and the candidates shall have the qualifications set forth in clause (a) or clause (b) of subsection (2) of this Section that were applicable to the member who is being replaced. If the President does not fill the vacancy from the candidates presented, the Commissioners shall deliver to the President additional candidates, until the President has appointed a person to fill the vacancy. A person appointed to fill any vacancy shall hold office only for the remainder of the term of the member whom such person replaced. A person appointed to fill a vacancy having a remaining term of less than 12 months at the date of appointment may thereafter serve up to two complete terms, which may but need not be consecutive.

The members of the Complaints, Appeals and Review Panel shall elect one of their members as chairperson, who shall serve at the pleasure of the members. The Complaints, Appeals and Review Panel shall meet from time to time for the conduct of business as may be requested by the Commissioners or the chairperson of the Complaints, Appeals and Review Panel. A quorum for meetings of the Complaints, Appeals and Review Panel is four (4) members. Any action by the Complaints, Appeals and Review Panel requires the affirmative vote of at least four (4) members. Except as otherwise expressly provided in this Act, the members of the Complaints, Appeals and Review Panel shall determine the procedure for their meetings.

In carrying out its responsibilities under subsections 1(b), 1(c) and 1(e) of this Section, the Complaints, Appeals and Review Panel shall function as a panel of the whole.

In carrying out its responsibilities under subsections 1(a) and 1(d) of this Section, the Complaints, Appeals and Review Panel shall function as set forth below.

Upon receipt of a complaint or an appeal, the chairperson of the Complaints, Appeals and Review Panel, after consultation with the members, shall schedule a meeting of the Panel to hear the complaint or appeal or conduct a factfinding hearing.
Decisions of a complaint and appeal panel or hearing panel must be in writing, and shall be circulated among the Complaints, Appeals and Review Panel members for advice and comment before release. If a decision of a complaint and appeal or hearing panel is not unanimous, the dissenting member must issue an opinion setting forth the grounds for his or her dissent.

The Complaints, Appeals and Review Panel is entitled to request and receive technical, research and administrative assistance from the Secretariat in connection with complaints, appeals and hearings

before the Complaints, Appeals and Review Panel.

Neither the Commissioners nor any agency of the Government shall interfere with the complaints, appeals, review or hearing functions of the Complaints, Appeals and Review Panel.

A member may resign by notice to the Executive Director, who shall give prompt notice of any such resignation to the Commissioners and the Office of the President. Notwithstanding subsection (9) of this Section, a member of the Complaints, Appeals and Review Panel may be removed by the President

for any reason specified in (a), (b) or (c) of Section 7(3) of this Act;

if the member has failed timely to disclose a material conflict of interest; or

on the written recommendation of at least four (4) Commissioners if the member has regularly failed to participate in the proceedings of the Complaints, Appeals and Review Panel and otherwise to perform his or her duties under this Act, and has been warned at least twice by the Commissioners.

11. Power to Obtain Information

The Commissioners, and the Executive Director, at the express direction of and in the name of the Commission, shall have the following powers:

By notice in writing, to require any bidder or any party to a procurement or Concession proceeding or contract (whether such party is in the private or public sector) to furnish information in such form and manner and within such time as may be specified in the notice, for the purposes of the Commission ensuring compliance with this Act; and

To interview any bidder or party to a procurement or Concessions proceeding or contract and request him/her to furnish such particulars as may be required for the performance of the Commission’s functions.

Any complaint and appeal or hearing panel of the Complaints, Appeals and Review Panel shall have the power by notice in writing with respect to any matter properly before such panel, to require any bidder or any party to a procurement or Concession proceeding or contract (whether such party is in the private or

public sector) to appear before such panel or to produce documents reasonably relevant to the determination of such matter and in such person’s possession or control in such form and manner and within such time as may be specified in the notice, for the purposes of determining such matter.

A notice referred to in subsection (1) or (2) of this Section shall state that it is served in exercise of the powers conferred by such subsection and shall include a general statement of the purpose for which the information or response is required.

When a requirement to furnish information or particulars under this Act is made, the response shall be furnished by the party concerned not later than the time specified in the notice or such extension as the Commissioners or relevant complaint or hearing panel, as the case may be, may grant.

A person who fails to comply with a proper request under

subsections (1) or

(2) of this Section or who knowingly provides misleading or false information or materials or willfully obstructs the Commission, the Complaints, Appeals and Review Panel or any complaint or hearing panel of the Complaints, Appeals and Review Panel constituted under this Act, or any officer, agent or employee of the Commission in the performance of any of the Commission’s functions under this Act, commits an offence and shall be liable upon conviction to the assessment of the applicable penalty under Section 138 of this Act.

12. Confidentiality and Prohibition of Disclosure of Information

Any Commissioner, member of the Complaints, Appeals and Review Panel or other member, official, employee or agent of the Commission or any person whether in the private or public sector who commits any of the offences listed below in this Section shall be liable upon conviction to the assessment of the applicable penalty under Section 138 of this Act:

Disclosure of any data or information obtained under Section 11 to a person not authorized to receive the information; or

Use of data or information obtained under Section 11 directly or indirectly for commercial purposes including the purpose of speculating in any stock, bond or other security or any goods or services.

13. Disclosure of Interest

A Commissioner, any other official, employee or agent of the Commission and any person appointed, retained or co-opted to assist the Commission who has any interest, direct or indirect, that could be affected by any matter being considered by or proceeding before the Commission shall disclose the nature of his or her interest to the Commissioners or the Executive Director immediately on becoming aware of such an affected interest. A member of the Complaints, Appeals and Review Panel who has any interest, direct or indirect, that could be affected by any matter with respect to which the Complaints, Appeals and Review Panel is advising the Commission, shall disclose the nature of his or her interest to the other members and the Executive Director immediately on becoming aware of such an affected interest. A member of a complaint and appeal panel or hearing panel of the Complaints, Appeals and Review Panel who has any interest that could be affected by any matter before such panel shall disclose the nature of his or her interest to the chairperson of the Complaints, Appeals and Review Panel and the Executive Director immediately on becoming aware of such an affected interest. All disclosures pursuant to this Section shall be recorded in the records of the Commission.

A person with an interest shall not take part in any deliberation or decision of the Commissioners, the Secretariat, or a complaint and appeal or hearing panel, as the case may be, that could affect such interest, provided the foregoing prohibition does not extend to persons (other than officials, employees or agents of, and persons appointed, retained or co-opted to assist, the Commission) who appear to testify before or otherwise provide information to the Commission or who appear as parties or witnesses in a complaint or appeal before the Complaints, Appeals and Review Panel, or to participation of a member of the Complaints, Appeals and Review Panel in advice given to the Commissioners or Secretariat by the Complaints, Appeals and Review Panel if proper disclosure of the interest was timely made.

A person who contravenes this Section shall be guilty of misconduct and liable to be removed as a Commissioner or from the Complaints, Appeals and Review Panel or the Secretariat, as the case may be, and/or suffer any penalty that may be applicable under this Act or other applicable laws.

14. Administration of the Commission

The Commissioners, all acting as a Body shall have overall leadership for the Commission in furtherance of this Act.

The Commissioners shall be responsible for the adoption of policies and regulations, including without limitations:

To make, approve, alter or repeal policies governing or to govern the operations of the Commission; and
To review and approve the annual budget and work plan of the Commission.

The Secretariat spelt out under Section 16 of this Act, headed by the Executive Director, appointed in accordance with Section 15 of this Act, shall implement the policies, administer the regulations and carry out the day-to-day administrative and operational responsibilities of the Commission set forth in Section 5 of this Act.

The Secretariat shall provide technical, professional, research, analytical, and investigative functions for the Commission, as well as administrative, secretarial and other support services for the Commission, including the the Complaints, Appeals and Review Panel.

The Executive Director may delegate functions of his or her office to any senior staff of the Secretariat but shall not be relieved of the ultimate responsibility for the discharge of the delegated function(s).

15. Executive Director

The Commissioners shall appoint an Executive Director selected through a competitive recruitment process in accordance with Civil Service Agency guidelines and he or she shall serve on a full-time basis.

The Executive Director shall serve as the Chief Executive Officer of the Commission and, as provided in subsection (4) of Section 8 of this Act, as the non-voting secretary for meetings of the Commission.

The Executive Director shall be a person with integrity, significant relevant knowledge and experience in public administration and related business disciplines.

The Executive Director may resign from office by notice to the Chairperson of the Commission or may be removed from office for any of the reasons described under clause (a), (b) or (c) of Section 7(3) of this Act. The chairperson of the Commission shall give notice to the President of the resignation or removal of the Executive Director.

16. The Secretariat

The Commission shall have a Secretariat with such divisions and units as are necessary to perform the functions of the Commission. The divisions and units shall be responsible for at least the following functions:

Compliance and monitoring;

Policy making;
Development of procurement standards;

Establishment of rules and regulations;

Capacity Building;

Information dissemination and communication; and

Complaints, Appeals and Review.

The Executive Director shall, subject to budget limitations, engage staff and such consultants and advisers as may be required for the Secretariat to discharge its functions properly and efficiently and to carry out other general functions as set forth in this Act.

Divisions of the Commission shall be staffed by the Secretariat headed by the Executive Director based on a competitive selection process in accordance with Civil Service Agency guidelines.

17. Financing of the Commission

The activities of the Commission shall be financed by a fund consisting of:

Money appropriated for the purposes of the

Commission through the national budget process;

Application fees paid by appellants who file complaints or requests for review with the Complaints, Appeals and Review Panel;

Proceeds of publications by the Commission;

Grants, gifts, and donations made to the Commission but which shall not include grants, gift and donations from private sources; and

Other sources of income for the Commission as approved by the Legislature.

In imposing the fees and charges under subsection 1(b) and (c) of this Section, the Commission shall ensure that the charges are minimal and that the Commission shall not use any charges or fees to deter persons from making appeals to the Commission or to profit from the sale of Commission publications.

18. Accounts and Audit

The Commission shall keep proper books of accounts and proper records in relation to them. The accounts, books and records of the Commission shall be in the form prescribed by the law governing management of records for the time being in force.

The books and accounts of the Commission shall be audited annually by the Auditor-General or by an auditor appointed or authorized by the Auditor- General.

19. Fiscal Year

The fiscal year of the Commission shall be the same as the fiscal year of the Government of Liberia.

20. Annual Reports and Answer ability to the Legislature

The Commission shall be answerable to the Legislature.

The Commission shall, not later than the end of each calendar year, publish and submit to the Legislature and the President, a report including:

The Commission’s activities and operations for such fiscal year;

A copy of the Commission’s audited accounts;

A report on the complaints, appeals and administrative reviews for the fiscal year and their outcome;

Recommendations for improvement of procurement of specific areas of goods, works, services, disposals and the Concessions process and the planned program for the implementation of the recommendations;

Report on the annual procurement forum held by virtue of Section 5(i) in the previous fiscal year; and

Any general or specific recommendations for improvement of the work of the Commission.

Without limiting the generality of subsections (1) and (2) of this Section, the Commission at the request of the Legislature shall provide periodic reports to the Legislature on the activities and operations of the Commission for the period so requested.

PART III – ENTITIES

Sub-Part 1 – Entities Generally

21. Procuring and Concessions Entities

Any Entity to which this Act applies shall be a Procuring Entity or Concession Entity as the context may require under this Act.

Every Procuring or Concession Entity shall be responsible for procurement or Concessions carried out by the Entity.

In the performance of its functions under this Act, the Entity shall be subject to the provisions of this Act and to such other conditions as may be laid down in regulations and administrative instructions issued by the Commission in accordance with this Act.

The Head of the Entity and/or any person to whom responsibility is delegated in accordance with this Act shall be held responsible and accountable for any action taken in pursuit of his/her responsibilities.

22. Decisions of the Entity and Responsibility

The decisions of any Entity in respect of its functions under this Act shall be taken in a Corporate Manner and any internal units concerned shall contribute to the decision-making process.

The Head of an Entity shall be responsible for ensuring compliance with the provisions of this Act and shall not be absolved from accountability or responsibility because he or she delegated such functions.

Declaration of Procuring Entity; When Prior Commission Approval of Contract

Awar d is Required

In addition to the scope of Entities covered by Section 1 of this Act, the Commission may, in consultation with the appropriate authority of the Legislature, by notice on the web site of the Commission and to the affected entity, declare any entity using public funds to be a Procuring Entity.

The following actions with respect to Procuring Entities that do not comply with the Act and the regulations thereunder may be taken independently of any action authorized under Section 138 of the Act.

If the executive Director determines that the procurement activities of a Procuring Entity regularly and materially fail to comply with the requirements of this Act he or she shall inform the Commissioners.

The Commissioners may thereafter direct the Procuring Entity to obtain the prior approval of the Commission before the Procuring Entity may make any award or execute any contract under the authority granted by this Act. The prior approval requirement shall continue for a period of up to one hundred twenty (120) days as determined by the Commissioners and may be renewed by the Commissioners upon a subsequent determination by the Executive Director or the Commissioners that such regular and material noncompliance continues or has reappeared.

The prior approval requirement may not be imposed upon a

Procuring Entity until the Commission have first given notice to the Head of the Procuring Entity of the circumstances supporting the imposition of the prior approval requirement and have given the Procuring Entity at least sixty (60) to take corrective action.

Imposition of the prior approval requirement shall not take effect until fourteen (14) days after the Commission has notified the Office of the President (with a copy to the Procuring Entity) of the failure of the Procuring Entity to take sufficient corrective action in the allotted corrective action period.

During the period that any prior approval requirement is in effect,

the affected Procuring Entity, through its Procurement Committee, Procuring Unit and Bid Evaluation Panels, may continue to execute the Procuring Entity’s procurement plan, as it may be amended from time to time, including, without limitation, issuing invitations to bid, requests for quotation or requests for proposals and receiving and evaluating bids and proposals. However, no award may be made or contract executed during such period by the Procuring Entity without the prior approval of the Executive Director, who shall act in consultation with and in accordance with policies established by the Commissioners.

The Commission, through the Secretariat or other body chosen or established by the Commission, shall provide guidance and training to assist in creating in any Procuring Entity made subject to this requirement for prior approval the capacity to comply with the requirements of this Act.

If a complaint is lodged pursuant to Part VIII of this Act with respect to a decision by the Commission under this Section to approve or to reject an award or execution of a contract by the affected Procuring Entity, the Complaints, Appeals and Review Panel shall give no deference to the decision to approve or reject solely because it was the Commission which authorized the action being challenged.

24. Use of Private Sector Practices by Procuring Entities

Subject to further guidelines and the approval by the Commission, a Procuring Entity may undertake procurement in accordance with established private sector or commercial practices if all the following are present:

The Procuring Entity is legally and financially autonomous and operates under commercial law;

The proposed procurement practice will ensure value for money, and will provide reasonable competition and transparency; and

The Executive Director has approved in writing the proposed procurement method after consultation with the Commissioners or pursuant to guidelines approved by the Commissioners.

The authority in subsection (1) of this Section may not be exercised until the Commissioners have adopted regulations to be followed by

any Procuring Entity operating under the authority of this Section.

25. Non-Application of Section 24 to Concessions

The provisions of Section 24 shall apply to procurement only and shall not under any circumstances apply to Concessions.

Sub-Part 2 – Procurement Structures in Procuring Entities.

26. Procurement Committees

Every Procuring Entity must establish a Procurement Committee to which this Act applies.

A Procurement Committee shall consist of five (5) persons. The Head of the Procuring Entity or his or her deputy shall be chairperson of the Procurement Committee. The Head of the Procuring Entity shall appoint four other members of the Procurement Committee as follows:

Two other senior officials of the Entity one of whom shall be the head of finance for the Entity,

Subject to clause (c) below, such other qualified officials or employees of the Procuring Entity as are designated by the Head of the Entity and necessary to cause the Procurement Committee to have five (5) members.

When procurement matters relating to a specific end-user department are under consideration, one of the additional members appointed pursuant to clause (b), above, must be a representative of that enduser department.

The head of the Procurement Unit described in Section 29 shall also be a non- member secretary to the Procurement Committee and either the head of the Procurement Unit or another member of the Procurement Unit designated by the head of the Procurement Unit shall be present at all meetings of the Procurement Committee at which procurement decisions are made or procurement actions are taken.

A Procurement Committee may co-opt other non-member employees of the Procuring Entity to advise it without a voting right. A Procurement Committee seeking assistance with a particular procurement issue or with procurement procedures generally shall in

the first instance consult the appropriate division of the Secretariat. If the Secretariat is unable to provide the requested assistance, a Procurement Committee may with the consent of the Head of the Procuring Entity engage the services of such consultants and advisers, or co- opt persons with specialized expertise, as may be required for a particular function provided in Section 27.

27. Functions of the Procurement Committee

The Procurement Committee shall:

Review and approve procurement plans in order to ensure that they support the objectives and operations of the Entity and comply with the national budget process;

Oversee all the procurement functions of the Procuring Entity set forth in Parts IV and V of this Act;

Ensure compliance of the Procuring Entity with this Act and its regulations;

Review the activities of the Procurement Unit and the Bid Evaluation Panels and provide advice and direction where necessary to ensure selection of the lowest responsive evaluated bid in accordance with the requirements of Parts IV and V of this Act;

Verify that a budget allocation is available under the public financial management law for the expected amount of any contract award and, before giving any approvals pursuant to clause (f) of this Section, ensure that a budget allocation is available in the amount of any bid or proposal recommended by a Bid Evaluation Panel;

Receive the reports and recommendations of the Bid Evaluation Panel and reject the award if not consistent with the requirements of this Act, for procurements in excess of the relevant Thresholds contained in Section 7 of the Schedule. The Head of the Procuring Entity shall perform this function for procurements within the Thresholds provided for the Head of the Procuring

Entity in Section 7 of the Schedule;

Provide the Commission with quarterly reports and as required;

Confirm the bid price is reasonable for the items to be procured and is in line with available funds or, otherwise, withhold approval of award as provided in clause (f). The Head of the Procuring Entity shall perform this function for smaller procurements as provided in the Regulations promulgated by the Commission;

Oversee contract administration and the applicable financial management laws to ensure compliance with all reporting requirements under this Act;

Ensure that stores and assets are disposed of in compliance with the provisions of this Act

Review the activities of each step of the procurement cycle leading to the selection of the lowest responsive evaluated bid by the Procuring Entity; and

Give approval to the Bid Evaluation Panel or otherwise to enable the Procuring Entity or Procurement Unit to continue with the procurement process.

28. Meetings of Procurement Committees

A Procurement Committee shall meet as and when required to review a bid or perform related functions but shall in any event meet at least once every quarter.

A notice in respect of its quarterly meetings shall be given at least seven (7) days prior to the scheduled date of the meeting.

The quorum of a meeting of a Procurement Committee shall be at least four (4), comprising the chairperson or the acting head of the Entity who shall act as chairperson and at least three (3) other persons. The affirmative vote of at least a majority of the members present is required for the Committee to act.

29. Procurement Unit

A Procurement Unit is hereby established in each Procuring Entity under this Act. The Procurement Unit shall operate under the supervision of the Entity’s Procurement Committee.

The Procurement Unit shall be staffed with persons trained and knowledgeable in procurement and charged with carrying out, on an ongoing basis, functions related to procurement.

The Head of the Procuring Entity shall determine the composition of the Procurement Unit, provided that every Procurement Unit shall consist of not less than two (2) officials charged with responsibility for budgeting, expenditure and administration of public procurement for the Procuring Entity.

The Head of the Procuring Entity shall ensure that the Procurement Unit is provided with adequate resources.

The functions of a Procurement Unit shall be carried out in accordance with this Act and applicable regulations established by the Commission, and shall include:

Preparing the Entity’s procurement plan as contemplated by Section 40 of this Act and updating such plan as required;

Preparing invitations to bid, requests for quotation, requests for proposals and bidding documents, including schedules and specifications;

Publishing and distributing invitations to bid, requests for quotation, requests for proposals and bidding documents;

Receiving and safeguarding bids;
Conducting bid opening procedures in accordance with Section

61 of this Act;

Performing secretarial and administrative services for the Entity’s Procurement Committee;

Ensuring that the procurement procedures to be followed are in strict conformity with the provisions of the Act, its operating regulations and guidelines;

Monitoring and administering the performance of contracts;

Assessing the quality of the procured goods, works and services;

Maintain a database of all suppliers, contractors and consultants;

Maintain a profile of the past performance of suppliers, contractors and consultants with respect to their performance of contracts awarded under this Act; and

(6) Conducting such other activities of the Procurement Entity set forth in Part IV of this Act relating to the foregoing as may be delegated and directed by the Procurement Committee or required by the regulations.

30. B id Evaluation Panel

Each Procurement Committee shall constitute a Bid Evaluation Panel with the required expertise as and when required to evaluate bids solicited by the Procuring Entity.

A Bid Evaluation Panel shall be responsible for the evaluation of bids in accordance with the predetermined and Published evaluation criteria as outlined to bidders in the bid documents in accordance with this Act and shall prepare and submit evaluation reports and recommendations for award for the consideration of the Procurement Committee or the Head of the Procuring Entity as provided in the Schedule.

The Commission may make rules to regulate the composition and activities of Bid Evaluation Panels.

No member of the Commission or a Procurement Committee shall serve on a Bid Evaluation Panel.

31. Time for Entering into Contracts; Report to Commission of Proposed Awards; Certain Procurement Committee Actions Deemed Certifications by Head of Procurement Committee

Except in the case of emergency and with the prior approval of the Commission, the Procurement Committee shall deliver to the Commission a notice of intent to award a contract exceeding the Thresholds as establish by Regulations promulgated by the Commission. No Procuring Entity shall enter into a procurement contract above the Thresholds establish by Regulations promulgated by the Commission unless a minimum of fourteen (14) days have lapsed since the notification of intent to award a contract was delivered to the Commission. The Commission shall cause a notice of intent to award a contract whose contract price exceeds the Thresholds in the Regulation to be published within two (2) business days of receipt of such notice. A Procuring Entity may award a contract whose contract price is less than the Thresholds in the Regulation without notice to the Commission and passage of a minimum of fourteen (14) days as provided in this subsection (1).

If the Commission takes no action within fourteen (14) days after it receives a notification of intent to enter into a contract for contracts in excess of the Thresholds establish by Regulations promulgated by the Commission, the Procuring Entity may proceed with the award of the contract and the finalization of the procurement. If the Commission objects to the proposed award within said fourteen

(14) day period, it shall return the notice to the

Procuring Entity with the reasons for rejection. No award may be made until the Procuring Entity takes steps to bring the proposed procurement into compliance with this Act.

The Commissioners may authorize a Procuring Entity to execute a contract before the expiration of the notice period referenced in subsection (1) of this Section by issuing a written waiver. The Commission may request the Procuring Entity to furnish supporting documentation demonstrating compliance with the provisions of this Act.

Whenever a Procurement Committee or the Head of the Entity executes a procurement contract or causes the Commission to be notified of a proposed procurement contract pursuant to subsection (1) of this Section, the Procurement Committee or the Head of the Entity, as the case may be, is deemed to have certified to both the Commission and the Ministry of Finance that a budget allocation is available to the Procuring Entity in the amount of the proposed contract and that the bid documents complied with Section 34 of this Act. .

PART IV – GENERAL PROVISIONS ON PROCUREMENT

PROCEEDINGS OF PROCURING ENTITIES

Qualification of Bidders
- In order to participate in procurement proceedings, a bidder must qualify by meeting the criteria set by the Procuring Entity, which will normally include evidence of:

Professional and technical qualifications;

Equipment availability, where applicable;

Past performance;

After-sales service, where applicable;

Spare parts availability;

Legal capacity;

Financial resources and condition; and

Verification by the internal revenue authority of payment of taxes and social security contributions when due.

The qualification criteria set forth in subsection (1) of this Section shall be applied by examining, through investigation and collaboration with other relevant agencies, to ascertain whether or not the bidder meets the minimum qualification criteria established for the bid and not by using a point system for comparing the relative level of qualifications of participating bidders.

The Procuring Entity shall be entitled to demand qualification documentation from potential bidders in formal prequalification proceedings, or as a required component of a bid submission.

Any requirement established pursuant to this Section shall be set forth in the documents setting forth the prequalification requirements, if any, or in the invitation to bid, request for quotation, request for proposal or related bidding documents if there is no prequalification, and shall apply equally to all bidders without discrimination; and only these criteria stated in such documents shall be applied.

When prequalification proceedings are held, the Procuring Entity shall:

Provide to all bidders responding to the invitation to prequalify, prequalification documents which shall provide bidders with the information required to enable them to prepare and submit their applications for prequalification;

Make available to each applicant the results of the assessment of the prequalification and invite all applicants that meet the minimum criteria for prequalification to bid; and

Allow bidders adequate time to acquire, prepare and submit prequalification documents. The period so allowed shall not be less than the period allowed for bidders to submit bids under national competitive bidding and international competitive bidding respectively.

Where prequalification proceedings are not conducted, post-

qualification, in which the Procuring Entity verifies the qualifications of the bidder selected for award against the criteria stated in the invitation to bid, request for quotation, request for proposal or related bidding documents, shall be used.

A Procuring Entity shall disqualify a bidder if it finds at any time that

the information submitted concerning the qualifications of the bidder was materially inaccurate or materially incomplete.

Clarification and Modification of Bidding and Prequalification Documents
- Bidders or prospective bidders may request a clarification of any document furnished by the Procuring Entity in connection with a prequalification proceeding or an invitation to bid, request for quotation or request for proposal within the time specified in the relevant document.

Responses to requests for clarification and responses from a pre-bid conference as well as any modification or any other clarification of any document furnished by the Procuring Entity in connection with a prequalification proceeding or an invitation to bid, request for quotation or request for proposal shall be communicated to all bidders participating in the procurement proceedings without delay, so as to allow bidders an opportunity to take the clarifications or modifications into account in preparing their submissions. If the clarification is not dispatched (by electronic mail where possible) at least one (1) week prior to the deadline for submission of bids, the Procuring Entity shall extend the deadline for submission of bids or applications to prequalify for a period sufficient to permit the bidder or applicant for prequalification to respond to the material elements of the clarification.

Requirements Applicable to B id and Bidder Prequalification Documentation
- All documentation used in bidding and bidder pre-qualifications and all submissions by bidders shall be in the English language or, in the case of bidder submissions, shall be accompanied by a certified English translation.

To the extent possible, any specifications, plans, drawings, designs and requirements or descriptions of goods, works or services shall be based on the relevant objective technical and quality characteristics and performance of the goods, works or services to be procured, provided that

there shall be no requirement for or reference to a particular brand, trademark, name, patent, design, type, specific origin or producer unless there is no other sufficiently precise or intelligible way of describing the characteristics of the goods, works or services to be procured and unless words such as “or equivalent” are included, and
there shall be no requirement that named or nominated subcontractors, subsuppliers or subconsultants be utilized.

Any descriptions of the technical or quality characteristics of the goods, works or services to be procured, and requirements as to testing, packaging, marking, labeling or conformity certification, or symbols and terminology, that are irrelevant to the performance of the goods or create unjustified obstacles to participation by qualified bidders, and unnecessarily and without justification limit competition, shall not be included or used in the prequalification documents or bidding documents.

The Procuring Entity shall where applicable prepare descriptions of procurement requirements in conformity with the applicable environmental protection legislation and regulations as well as international conventions and standards.

35. Deadline for Bids and Other Applications

The Procuring Entity shall set the deadline for submission of bids, applications for prequalification and expressions of interest so as to allow sufficient time for their preparation and submission, with a view to maximizing competition, in accordance with the minimum periods set in Section 48(4) for national open competitive bidding and Section 49(3)(b) for international open competitive bidding or as may be set forth in regulations for other methods of procurement.

36. Cancellation of Proceedings or Rejection of Bids

A bid may be rejected only in accordance with this Act and regulations made thereunder.

A Procuring Entity may:

Reject all bids at any time prior to the acceptance of a bid where:

There is a lack of effective competition and there is a reasonable belief that minor changes in the details of the invitation to bid, request for quotation, request for proposal or related bidding documents or increased advertising will increase the level of competition;

Some or all of the bids are not substantially compliant with the invitation to bid, request for quotation, request for proposal or related bidding documents, but there is a reasonable belief that minor changes in the details of the invitation to bid, request for quotation, request for proposal or related bidding documents will increase the number of compliant bids; or

Bid prices are substantially higher than the existing budget for the procurement, but there is a reasonable belief that minor changes in quantities, requirements or other details of the bidding documents will produce lower bids.

Cancel the procurement proceedings at any time prior to the acceptance of a bid where continuing with the procurement in its present form or a substantially similar form is not appropriate because:

The procurement need has ceased to exist or changed significantly;
Insufficient funding is available for the procurement;

iii. There is a significant change in the required technical details, bidding conditions, conditions of contract or other details, such that the recommencement of proceedings is necessary;

No responsive bids are received

There is evidence of corruption, fraud, coercion or collusion among bidders; or
Cancellation is deemed to be in the interest of national security.

Before rejecting all bids or canceling any procurement proceedings, the Procurement Unit shall prepare a written request for approval of the rejection or cancellation for submission to the Procurement Committee, which shall clearly state:

Detailed reasons for recommending rejection of all bids or cancellation;

The status of the procurement proceedings, including in particular, whether bids have already been opened under bidding methods; and

Whether new procurement proceedings (in the case of cancellation) or a request for revised bids (in the case of rejection of all bids) are recommended and, if so, the modifications recommended.

The reason for rejecting all bids, or for canceling the procurement proceedings, shall be noted in the record of the procurement proceedings, and promptly communicated to the bidders.

A Procuring Entity shall not be liable to a bidder by reason only of rejection of all bids or cancellation of procurement proceedings under subsection (2) of this Section.

A Procuring Entity shall not reject all bids and invite new bids on the same bidding and contract documents solely for the purpose of obtaining lower prices.

If a decision to cancel the procurement proceedings is taken before the deadline for submission of bids, any bid received shall be returned unopened to the bidder.

In the event of cancellation or the rejection of all bids in accordance with subsection (2) of this Section, the procurement shall not be re-bid to the same specifications and contract conditions unless the cancellation of the initial proceeding is for budgetary or other reasons unrelated to the specifications and contract conditions, provided that if the procurement is to be repeated, the reasons for the cancellation of the initial proceeding shall be examined and the technical specifications, contract conditions or both, may be suitably modified prior to rebidding.

37. Public Notice of Contract Awards

The Procuring Entity shall promptly furnish the Commission notice of each contract awarded in which the price of the contract exceeds the applicable Thresholds establish by Regulations promulgated by the Commission indicating the reference number used in the bidding process, the contract price, the name and address of the successful bidder, a brief description of the goods, services or work procured and the procurement method utilized in awarding the contract. The Commission shall cause this information promptly to be Published.

38. Debriefing of Unsuccessful Bidders

The Procuring Entity shall, upon the request of any unsuccessful bidder, inform the bidder of the reasons for which the bid was unsuccessful.

39. Form of Communications

Subject to this Act, documents, notifications, decisions and other communications referred to in this Act to be submitted by the Procuring Entity to a bidder or by a bidder to the Procuring Entity, shall be in writing.
The Commission may authorize Procuring Entities to use other forms of communication with bidders, potential bidders or applicants for prequalification (including electronic communication), but any such other means of communication may be used only if the method selected by the Procuring Entity : (a) preserves a record of the content of the communication, provides an adequate level of security and does not unduly restrict bidders’ access to the procurement proceedings, (b) otherwise satisfies the requirements of this Act, regulations issued under this Act and other applicable legislation and (c) the Procuring Entity in fact preserves such records in a manner and for the term prescribed in law or in applicable regulations.

40. Procurement Planning

All Procuring Entities shall undertake procurement planning, with a view to achieving maximum value for public expenditure and the other objects of this Act.

For each fiscal year the Procurement Unit shall prepare a draft annual procurement plan for goods, works and services for use by the Procuring Entity in the Procuring Entity’s budgeting process. Upon budget approval, the Procurement Unit shall prepare an annual procurement plan for goods, works and services in accordance with the Procuring Entity’s approved programs and budget and furnish it to the Procurement Committee. The plan shall include.

A brief description of each planned procurement contract;

The estimated cost of each planned procurement contract;

The procurement method to be used; and

Processing steps and time schedules.

After review and any revisions by the Procurement Committee, the Procurement Committee shall furnish a copy of the annual procurement plan to the Commission for approval.

A Procuring Entity shall not divide a procurement order into parts or lower the estimated contract price of a procurement order to avoid the application of the procedures for public procurement prescribed in this Act. Such Actions if carried out shall constitute contravention of this Act.

Each Procuring Entity, shall, on a quarterly basis and whenever it becomes necessary, review and update its procurement plans and notify the Commission in writing and the Minister of Finance of any material changes in its plan. An updated procurement plan shall accompany said notice to the Commission.

41. Contract Administration

(1) The Procuring Entity shall be responsible for the administration and monitoring of contracts entered into by the Entity. The contract administration functions shall include at least the following:

ensuring that the contractor complies with the specifications and terms of the contract;

ensuring that the contract is being performed on schedule;

ensuring that payments made to the contractor are in accordance with the terms of the contract.

determining when a contract has been successfully performed which will entitle the contractor to final payment; and

in the case of each contract awarded by the Procuring Entity, designating a contract administration officer who will have responsibility for the administration of the contract consistently with the requirements of this Act and the regulations.

42. Price Adjustment

Price adjustment is not permitted unless provided for in the procurement contract to take into account changes in economic circumstances.

If the procurement contract provides for the possibility of price adjustment, it shall stipulate: (a) the conditions, such as increases or decreases in the cost of materials, labor, transportation and energy, in which price adjustment would be permitted; (b) the formulas and indices to be referred to in order to determine whether economic conditions have altered to a significant enough degree to justify a price adjustment and to identify the amount of increase or decrease; the frequency with which price adjustments may be implemented; and procedures to be followed.

The procurement contract may provide that, when the application of the price adjustment formula leads to a price modification exceeding a stipulated percentage of the initial price or a stipulated percentage of the balance of the contract, the Procuring Entity may terminate the contract.

Any price variation shall be subject to approval by the respective Procurement Committee.

43. Records and Reports of Procurement

The Procuring Entity shall preserve all documentation relating to the procurement proceedings in accordance with applicable rules concerning archiving of Government documentation, but at a minimum it shall be kept for a period of six (6) years following the date of final completion of the procurement contract, or from the date of rejection of all bids or cancellation of the proceeding, as the case may be.

In addition to the documentation referred to in subsection (1) of this Section, the Procuring Entity shall prepare and maintain a summary report of the procurement proceedings, including to the extent applicable:

A description of the object of the procurement;

A list of the participating bidders and the qualification criteria pplied

Bid prices;

The bid evaluation criteria;

A summary of the evaluation of bids, if the bids were not evaluated solely on the basis of price;

A summary of any review proceedings and decisions thereon;

A summary of any requests for clarifications and responses thereto;

A Statement of grounds for any cancellation of procurementproceedings pursuant to Section 36;

A statement of grounds for choice of a procurement method other thanopen competitive bidding or request for proposals for services;

The successful bidder and whether any terms were changed between Publication of the bidding documents and contract award;

Information concerning rejection of bids including identification of any bidder who was determined to be unqualified or whose bid was determined to be unresponsive to or not fully compliant with the relevant bidding documents; and

Such other information as may be required by the regulations made under this Act.

The Commissioners may by regulation limit the information required under subsection (2) of this Section in the case of procurement based on requests for quotations.

The Commission shall prepare generally applicable forms and formats to facilitate the preparation of summary reports required by subsection (2) of this Section and the quarterly reports required by subsection (9) of this Section.

The portion of the record referred to in clauses (a), (b), (c), (d) and (g) of subsection (2) of this Section and the bid price of the winning bidder shall, on request in writing to the Head of the Procuring Entity, be made available to any person after a bid, proposal, offer or quotation has been accepted or after procurement proceedings have been terminated without resulting in a procurement contract.

The portion of the record referred to in clauses (e), (h) and (i) of subsection (2) of this Section shall, on request in writing to the Head of the Procuring Entity, be made available to suppliers, contractors or consultants that submitted bids, proposals, offers or quotations, or applied for prequalification, after a bid, proposal, offer or quotation has been accepted or the prequalification list is announced or procurement proceedings have been terminated without resulting in a procurement contract, as the case may be. A summary of the evaluation of bids, as referred to in subsection (2)(e) of this Section, released pursuant to this subsection (6) shall exclude any proprietary data submitted by bidders. A supplier, contractor or consultant eliminated in a prequalification proceeding may request only the portion of the record referred to in the preceding sentence related to the prequalification procedure.

The Procuring Entity shall not disclose:

Information, if its disclosure will:

be contrary to law,
impede law enforcement,

iii. not be in the public interest,

prejudice legitimate commercial interests of the

parties, or

inhibit fair competition under this Act;

Information relating to the examination, evaluation and comparison of bids, proposals, offers or quotations, other than the summary referred to in subsection (2)(e) of this Section, to the extent permitted to be disclosed by subsection (6) of this Section.

Records and documents maintained by procuring entities on procurement shall be made available for inspection by the Commission, Anti-Corruption Commission and Auditor-General upon request; and where donor funds have been utilized for the procurement, donor officials shall also have access, upon request, to procurement files for the purpose of audit and review (other than access to proprietary data of bidders).

Procuring Entities shall forward to the Commission on a quarterly basis a report for monitoring and evaluation purposes of the contracts awarded during the preceding quarter. The content and format of the report shall be detailed in regulations adopted by the Commissioners.

44. Debarment of Bidders, Contractor s and Suppliers

The Commissioners may, subject to the conclusion of investigations performed by the Secretariat and based only on the record, exclude a bidder, contractor or supplier from participation in public procurement for a minimum period of one

(1) year and a maximum period of six (6) years after:

Consultation with the affected Procuring Entity to consider all the facts of the case;

Reasonable notice to the bidder, contractor or supplier involved of the cause of the proposed actions;

Reasonable opportunity to the bidder, contractor or supplier to respond to the proposed action; and

A hearing before a hearing panel conducted to resolve any disputed questions of fact.

A person shall only be debarred from participation in procurement on the following grounds:

Provision of material false information supplied in the process of submitting a bid;

Collusion between the bidder and another bidder or a bidder and a public officer concerning the formulation of any part of an invitation to bid, request for quotation or request for proposal or the related bidding documents or supply of information in the bid proceedings;

Connivance to interfere with the participation of competing bidders;

Misconduct relating to the submission of bids, including corruption, collusion, price fixing, a pattern of under-pricing of bids, breach of confidentiality and any other misconduct implied under this Act or under any part of this Act;

Non-performance of contractual obligations under a contract deemed serious enough to warrant debarment, provided that the non-performance was not due to circumstances beyond the control of the contractor;

Conviction of a criminal offence relating to obtaining or attempting to obtain a contract or subcontract;

Non-settlement of tax obligations after assessment by the National Revenue Authority or the evasion of tax by any means; or

Conviction of a crime related to business or professional activities.

The Secretariat may initiate an investigation, on its own motion or at the request of a Procuring Entity or the Commissioners, as to whether a person should be debarred on any of the grounds listed in subsection (2) of this Section.

The Commission may request that the Complaints, Appeals and Review Panel constitute a hearing panel to hold a hearing to make findings as to disputed issues of fact material to the decision to debar and present such findings of fact to the Commission. However, notwithstanding Part VIII of this Act, any decision to debar a person is reserved to the Commissioners, and not the Complaints, Appeals

and Review Panel or a hearing panel thereof, and a debarment decision by the Commissioners may be appealed only in a court of competent jurisdiction.

Notwithstanding the caption of this Part IV, this Section 44 also governs any proposed debarment of a person from a Concession process under Part VI of this Act. A debarment proceeding with respect to such a person shall be initiated by a request to the Commission from the Head of the relevant Concession Entity or the relevant Inter-Ministerial Concessions Committee, or may be initiated by the Commission on its own initiative.

45. Margin of Preference

A Procuring Entity may grant a Margin of Preference to Domestic Businesses, or Liberian Businesses, or Solely-Liberian Owned Businesses, as defined under this Act, in accordance with regulations adopted by the Commissioners.

The Margin of Preference shall be subject to the provisions of subsection 4 of this Section and shall be reflected in the record of the procurement proceedings.

The Commissioners shall by regulation set or adjust the minimum benchmarks for the application of the Margin of Preference as it may deem necessary.

Notwithstanding the generality of subsections (1), (2) and (3) of this Section, the regulations on the Margin of Preference shall include the provision that no bidder shall enjoy the Margin of Preference unless:

In the case of supply of goods, the goods are manufactured in Liberia and a minimum quantity of its inputs, specified by the regulations, in terms of material or labor or both originate in Liberia; or

In the case of procurement of works, services or consultancies, the bidder is a Domestic Business or a Liberian Business and minimum quantities of the inputs, whether goods, raw materials, services, or ordinary labor, originate in Liberia.

PART V – METHODS OF PROCUREMENT

46. Choice of Procurement Method

Public procurement shall be undertaken by means of advertised open bid proceedings, to which equal access shall be provided to all eligible and qualified bidders without discrimination, subject only to the exceptions provided under this Part for particular methods of procurement.

It is not permitted artificially to divide procurement with the intention of avoiding the applicability of the Thresholds to procurement.

Procuring Entities may use only those methods of procurement authorized by this Act. If a Procuring Entity uses a method of procurement other than advertised open competitive bidding, it shall note in the record of the procurement proceedings the grounds for the choice of the procurement method.

For all methods of procurement other than international open competitive bidding, the Procuring Entity may stipulate in the invitation for bids, request for quotation, request for proposal or the related bidding documents that bidders must quote only in the local currency and in one freely convertible currency and payments must be made wholly in such local currency or freely convertible currency.

Where the participation of the procurement end-user or beneficiary community may result in enhancing the economy, quality or sustainability of the service to be procured, or the very objective of the project is to create employment and involvement of the beneficiary community, such end-user or community may participate in the delivery of services under procedures to be defined in the regulations.

In the cases referred to in subsection (5) of this Section, the regulations may prescribe circumstances in which procurement may be carried out by force account, in which the procurement is carried out with self-supervision, utilizing the Procuring Entity’s own existing personnel and equipment or those of another Government institution.

The cases in which force account may be utilized include, separately or in combination with any activity:

That, in view of its size, nature, location or scattered locations, financing or high demobilization costs for

outside suppliers, does not attract bidders, at least not at a reasonable price;

That cannot be calculated, or determined in detail in advance or both such that, if it were carried out by a private sector entity, it would have to bear a great risk;

Where the risk of unavoidable work interruptions is better borne by the Procuring Entity than by a private sector person;

Where it has been demonstrated that force account is the only practical method for constructing and maintaining works under special circumstances;

For a pilot project of a particular nature for development of a technology or work method or both that cannot yet be carried out by a supplier; and

For works that must be carried out without disrupting existing operations by the Procuring Entity’s crew familiar with those operations.

Where any procurement of goods, sub-contracted works or services is required to supplement the force account activity, that procurement shall be carried out in accordance with the relevant provisions of this Act.

47. Open Competitive Bidding

Open competitive bidding (or “open bidding”) may be nationally advertised or internationally advertised, and may include a prequalification procedure or the application of a post-qualification procedure.

Open bidding may be carried out in a single stage or, when permitted under subsection (3) of this Section, in two stages.

Open bidding may be held in two stages in the following cases:

When it is not feasible to define fully the technical or contractual aspects of the procurement to elicit competitive bids; and

When, because of the complex nature of the goods, works or services to be procured, the Procuring Entity wishes to consider various technical or contractual solutions, and to discuss with bidders the relative merits of those variants before deciding on the final technical or contractual specifications.

Open competitive bidding shall comply with Sections 57 through 66 of this Act. Two-stage bidding will be governed by Sections 57 through 66 of this Act, to the extent applicable, and by Section 67 of this Act.

48. National Open Competitive Bidding

Except as provided in subsection (2) of this Section, in procurement proceedings in which the Procuring Entity decides that only domestic suppliers or contractors are likely to be interested in submitting bids, the Procuring Entity shall employ national open competitive bidding procedures for procurements in which the estimated contract price of the procurement does not exceed the ceiling Threshold applicable to national open competitive bidding.

The Procuring Entity is not required to employ national open competitive bidding procedures if the estimated contract price of the procurement is less than the ceiling Threshold applicable to another method of procurement permitted by this Act.

The invitation to bid shall be Published as required by this Act.

When national open competitive bidding is utilized, at least four (4) weeks shall be allowed for submission of bids in order to allow sufficient time for the invitation to reach candidates and to enable them to prepare and submit bids.

The Commission may by regulation establish procedures for reducing the time period required under subsection (4) of this Section on application of the Procuring Entity to the Commission and a showing by the Procuring Entity that a reduction in the time period for an individual contract or a class of contracts will not significantly reduce competition.

49. International Open Competitive Bidding

The Procuring Entity shall employ international open competitive bidding procedures when

the estimated contract price of the proposed procurement is

higher than the ceiling Threshold establish by Regulations promulgated by the Commission for national open competitive bidding unless the Commission approves the use of national open competitive bidding on application by the Procuring Entity to the Commission and a showing by the Procuring Entity that sufficient competition exists at the national level; or

there is no response to a national open competitive bidding proceeding.

Notwithstanding the Thresholds establish by Regulations promulgated by the Commission, the Procuring Entity may employ international competitive bidding whenever open competitive bidding is used and effective competition cannot be obtained unless foreign firms are invited to bid.

International competitive bidding shall bein accordance with the relevant procedures prescribed in this Act together with the following:

The invitation to bid shall be Published as required by this Act;

At least six (6) weeks shall be allowed for submission of bids in order to allow sufficient time for the invitation to reach candidates and to enable them to prepare and submit the bids;

Technical specifications shall, to the extent compatible with national requirements, be based on international standards or standards widely used in international trade and in particular shall conform to the provisions of this Act;

Bidders shall be permitted to express their bids, as well as any security documents to be presented by them, in their respective domestic currencies, or in a currency widely used in international trade and stated in the invitation to bid or related bidding documents; and

General and special conditions of contract shall be of a kind generally used in international trade.

50. Restricted Bidding;

Subject to approval by the Commission for procurements exceeding the Thresholds establish by Regulations promulgated by the Commission, restricted bidding may be held in the following cases:

When the goods, works or services are only available from a limited number of bidders; or

When the cost of considering a large number of bids is disproportionate to the estimated contract price of the procurement.

51. Procedures for Restricted Bidding

When restricted bidding is employed on the grounds referred to in Section 50(1)(a), all known suppliers capable of supplying the goods, works or services shall be invited to bid.

When restricted bidding is employed on the grounds referred to in Section 50(1)(b), the Procuring Entity shall solicit bids from at least five (5) bidders, if possible.

The Commission may by regulation provide that a Procuring Entity may establish lists of prequalified bidders for restricted bidding of specific types of goods, services or works. The regulations must provide for regular updating of each such list in a manner that gives new bidders fair opportunity to join the list and must limit the use of outdated lists.If a current list of bidders created in compliance with such regulations is applicable to a proposed restricted bidding procurement, it must first be utilized in procuring by the restricted bidding method before considering other bidders.

The procedures for bidding proceedings, as set forth in this Part (including Sections 58 through 66) shall apply to restricted bidding, except to the extent that they are modified by this Section.

52. Request for Proposals

The request for proposals method is to be used for the procurement of consultant services pursuant to the terms of Sections 68 through 71 of this Act. Requests for proposals have no other application under Parts IV and V of this Act.

53. Request for Quotations; Alternative for Small Scale Purchases

(1) The request for quotations method may be used for the procurement of goods, works and services:

When the procurement is for readily available commercially standard goods, not specially manufactured to the particular specifications of the Procuring Entity and the estimated contract price does not exceed the applicable Threshold;

When the procurement is for small works and the estimated contract price does not exceed the applicable Threshold; or

When the procurement is for services and the estimated contract price does not exceed the applicable Threshold.

(2) The Commission may by regulation establish procedures whereby Procuring Entities may make repetitive purchases of goods or services described in clauses (a) and (c) of subsection (1) of this Section from a list of prequalified bidders without the necessity of utilizing the request for quotations method for each purchase. The regulations must provide for regular updating of the list in a manner that gives new bidders fair opportunity to join the list and must limit the use of outdated lists.

54. Basic Procedures for Requests for Quotations

Quotations shall be requested in writing from as many bidders as practicable, but from at least three (3) bidders.

The request shall contain a clear statement of the requirements of the Procuring Entity as to quality, quantity, terms and time of delivery, as well as any other special requirements.

Bidders shall be given adequate time to prepare and submit their quotations, but each bidder shall be permitted one quotation, which may not be altered or negotiated.

A purchase order may only be placed with the bidder that provided the lowest quotation meeting the delivery and other requirements of the Procuring Entity as stated in the request for quotations.

To the extent applicable, the procedures in Sections 58 through 66 shall apply to procurement through requests for quotations.

55. Sole Source

(1) Public procurement by means of the sole source procurement method is permitted only in the following circumstances:

When only one (1) supplier has the exclusive right to manufacture the goods, carry out the works or perform the services to be procured and no suitable alternative is available;

For additional deliveries of goods by the original supplier which are intended either as replacement parts for existing goods, services or installations or as the extension of existing goods, services or installations where a change of supplier would compel the Procuring Entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services;

When additional works not included in the initial contract have, through unforeseeable circumstances, become necessary and the separation of the additional works or services from the initial contract would be difficult for technical or economic reasons;
In cases of extreme urgency, provided that the circumstances which gave rise to the urgency were neither foreseeable by the Procuring Entity nor the result of dilatory conduct on its part; or

When the services require that a particular consultant be selected due to his or her unique qualifications, or when it is indispensable to continue with the same consultant.

Bid specifications for the procurement of goods for which a material component in fact can be satisfied by only one (1) supplier or one (1) product shall be subject to the approval requirement of clause (3) below.

Use of sole source procurement on any of the grounds referred to in subsection (1) of this Section 55 shall be subject to prior approval by the Commission. When requesting approval of a sole source procurement, the Procuring Entity shall provide the Commission with a statement of facts and reasons justifying use of the requested method under the applicable provision of such subsection (1).

56. Basic Procedures for Sole Source Procurement

When the Procuring Entity engages in sole source procurement on the grounds referred to in clause (a), (b), (c), (d) or (e) of Section 55(1), it shall prepare a written description of its needs and any special requirements as to quality, quantity, terms and time of delivery; and shall request submission of a bid or proposal in writing or both and shall be free to negotiate with the sole bidder.

Publication of a notice of the holding of sole source procurement proceedings other than under the authority of subsection (1)(d) of Section 55 of this Act is required as provided in Section 5 of the Schedule, except in the case of an extreme emergency, at least seven (7) days prior to the award of the contract when the estimated contract price of the procurement exceeds the Threshold establish by Regulations promulgated by the Commission.

57. Invitation to Bid

An invitation to bid (pursuant to Sections 47 through 49 of this Act), or an invitation to prequalify (pursuant to Section 32 of this Act), shall be Published.

The invitation to bid or, as the case may be, the invitation to prequalify, shall include information on:

The identity and address of the Procuring Entity;

The nature and time-frame of the procurement, including the place of delivery of goods or services, and the location of any works;
The manner of obtaining and the price (if any) of the bidding documents, or, if applicable, the prequalification documents;

The place and deadline for submission of bids, or of applications to prequalify; and

Such other matters as may be prescribed in the regulations and standard forms issued by the Commission.

58. Bidding Documents

(1) Procuring Entities shall use standard bidding documents prepared by the Commission unless:

the Commission has provided otherwise by regulation, or

the Commission has on application by the Procuring Entity approved the usage of non-standard bidding documents, which approval may be limited to a single procurement or applicable to a class of procurements,

The Procuring Entity shall provide, in an expeditious and nondiscriminatory manner, the bidding documents to all potential bidders

that respond to the invitation to bid or, if prequalification proceedings were held, to all bidders that have been prequalified, and the price (if any) that may be charged for the bidding documents shall reflect only the cost of printing and distributing the documents.

The invitations to bid, requests for quotations, requests for proposals or the related bidding documents shall inform bidders of:

The nature and time frame of the procurement, including but not limited to the technical specifications or drawings as the case may be, terms of reference, the contractual terms of the procurement and the manner of entry into force of the contract;

Bidder qualification requirements if a prequalification procedure was not followed;

Any planned site visits and pre-bid conferences;

Instructions for preparation and submission of bids, including the deadline for submission of bids and the time and place of bid opening;

Components to be reflected in the price, the currency or currencies in which the bid price may be stated and the currency and related exchange rate to be used for comparison of bids;

The criteria and methodology for evaluation of bids and the selection of the successful bidder, which shall all be quantified in monetary terms or expressed in the form of pass or fail requirements, if possible, or, where not possible, by relative weights, provided that when considering evaluation criteria to be set forth in the invitation to bid, request for quotation, the request for proposal and related bidding documents, the Procuring Entity shall consider only the following:

The bid price, subject to any Margin of Preference applied pursuant to Section 45;

The cost of operating, maintaining and repairing the goods or works, the time for delivery of the goods, completion of works or provision of the services, the functional characteristics of the goods or works and the terms of payment and of guarantees in respect of the goods, works or services; and

Acceptable impact on the environment, the transfer of technology to

Liberia, and the development of managerial, scientific and operational skills in Liberia;

The preference, if any, for domestic goods and contractors as

outlined in regulations;

Any grouping of goods, works or services into lots and packages and the manner of evaluation of such lots and packages;

Whether alternatives to the technical or contractual specifications will be considered and, if so, how those alternatives will be evaluated;

If suppliers are permitted to submit bids for only a portion of the goods, works or services to be procured, a description of the portion or portions for which bids may be submitted;

The required validity period of bids;

The amount and acceptable forms of any required bid, performance or other security;

The conditions of contract which will be entered into with the successful bidder;

Notice of conflict-of-interest restrictions and anti-fraud and corruption rules;

The manner in which bidders may obtain review of actions,

omissions and decisions of the Procuring Entity; and

Such other matters as may be required in the regulations, manuals and standard forms prescribed by the Commission.

59. Submission of Bids

Subject to subsection (3) of this Section, a bid shall be submitted in writing, duly signed and in a sealed envelope, and bids received after the deadline for submission of bids shall be returned unopened.

Invitations for prequalification, invitations to bid, requests for quotations, requests for proposals and related bidding documents shall permit submission of applications to prequalify or bids by hand, by mail or by courier at the option of the bidder.

Subject to the policy laid down by the Commission, an invitation to bid, request for quotation, request for proposal or the related bidding documents may authorize other methods of submission of bids, such as by electronic mail, as long as the confidentiality and security of bids are assured, including the prevention of the opening and reading of bids by anyone until the opening of bids at the time set in accordance with Section 61 of this Act.

Bids shall remain valid for the period of time indicated in the invitation to bid, request for quotation, request for proposal or the related bidding documents, but modification or withdrawal of a bid during the bid validity period is subject to forfeiture of the bid security.

The validity period of a bid may be deemed extended only on the basis of the agreement of the bidder concerned, and the bidder that agrees to an extension of the validity period of its bid shall also obtain a corresponding extension of the bid security, if such a security was required.

60. Bid Security

The bidding documents may require bidders to submit a bid security, which shall be applied to all bidders. Bid security requirements shall comply with any applicable regulations.

Forfeiture of a bid security may be imposed only in the event of:

A modification or withdrawal of a bid after the deadline for submission of bids and during its period of validity;

Refusal by a bidder to accept a correction of an arithmetical error appearing on the face of the bid;

Failure by the successful bidder to sign a contract in accordance with the terms set forth in the bidding documents; or
Failure by the successful bidder to provide security for the performance of the contract if required to do so by the bidding documents.

61. Bid Opening

Bids shall be opened at the time and place indicated in the invitation to bid, request for quotation, request for proposal or the related bidding documents, and the time of bid opening shall coincide with the deadline for submission of bids, or follow immediately thereafter, allowing a minimum time interval for logistical reasons.

Bidders or their representatives may attend the bid opening, where the name of the bidder, the total amount of each bid, any discounts or alternatives offered, and the presence or absence of any bid security, if required, and essential supporting documents shall be read out loud and recorded, and a copy of the record shall be made available to any bidder on request; and any documents containing details of the financial offer must be signed by each member of the bid opening team.

No decision regarding the disqualification or rejection of any bid shall be taken or announced in the bid opening session.

Following the opening of the bids, and until the preliminary decision on the award has been notified to the successful bidder, no bidder shall make any unsolicited communication to the Procuring Entity or try in any way to influence the Procuring Entity’s examination and evaluation of the bids.

Representation of Procurement Committee at Bid Opening

All bids shall be opened in the presence of the chairperson of the Procurement Committee or a member of the Procurement Committee designated by the chairperson.

62. Examination, Evaluation and Comparison of Bids

Following the opening of bids, the Procurement Unit shall first examine the bids in order to determine whether the bids are complete and signed, whether required documents to establish legal validity and required bid security have been furnished and whether bids are substantially responsive to the technical specification and contract conditions set forth in the bidding documents.

Bids which are not complete, not signed, not accompanied by a bid security in the prescribed form, if one is required, or not accompanied by essential supporting documents such as business registration certificates, business licenses and tax receipts, or are substantially non-responsive to the technical specifications or contract conditions or other critical requirements in the

bidding documents, shall be rejected and excluded from further evaluation and comparison.

If a prequalification procedure was applied, a bid received from any entity other than the prequalified bidders shall be rejected and excluded.

Bids not excluded from consideration under subsections (2) and (3) of this Section shall be evaluated in accordance with the criteria and methodology stated in the bidding documents.

The Procurement Unit may seek clarification from any bidder to facilitate evaluation but shall neither ask nor permit any bidder to change the price or any other aspect of the bid and if a bidder amends its bid in any manner, such a bid shall be rejected and its bid security forfeited.

If there is an arithmetical error, such an error shall be rectified and the bidder notified but if the bidder refuses to accept such correction, its bid shall be rejected and the bid security forfeited.

If there is a discrepancy between figures and words, the amount in words shall prevail unless there are no words and the discrepancy is due to misplacement of a decimal point, in which case the mistake shall be rectified and the bidder notified.

In carrying out the evaluation, if there are minor deviations in any bid which did not merit rejection at the earlier stage, such minor variation shall be costed, if possible, and the evaluated cost of such a bid shall then be compared to those of other bids to determine the lowest evaluated bid.

If a bid is not substantially responsive, that is, it contains material deviations from or reservations to the terms, conditions, and specifications in the bidding documents, it shall not be considered further. The bidder shall not be permitted to correct or withdraw material deviations or reservations once bids have been opened.

If the process included a prequalification, the qualifications of the lowest evaluated bidder shall be verified again to take account of any change since the original prequalification.

If there was no prequalification, the qualifications of the lowest responsive evaluated bidder shall be checked against the criteria specified in the bidding documents; if that bid fails, the same check shall be applied to the next ranked bid.

The Bid Evaluation Panel shall prepare for the Procurement Committee or the Head of the Procuring Entity where such Procurement Committee or Head of Procuring Entity has the authority to reject a proposed contract award asprovided in subsection (f) of Section 27 of this Act and Section 7 of the Schedule, an evaluation report detailing the examination and evaluation of bids and the verification of bidder qualifications pursuant to subsection (10) or (11) of this Section 62 and identifying the recommendation for award of contract in accordance with the evaluation criteria specified in the relevant bidding documents.

63. Non-Disclosure of Evaluation Details

Information relating to the examination, clarification, evaluation and comparison of bids shall not be disclosed to bidders or to any other person not involved officially in the examination, evaluation or comparison of bids or in the decision regarding which bid should be accepted, except as permitted under this Act.

64. Prohibition of Negotiations

Except as provided in Sections 56 and 71 of this Act and in subsection (2)(b) of this Section, no negotiations shall take place between the Procuring Entity and a supplier or contractor with respect to a bid submitted by the supplier or contractor.

If the lowest evaluated responsive bid exceeds the budget for the contract by a substantial margin, the Procuring Entity shall investigate the causes for the excessive cost and may:

Request new bids; or

Subject to approval by the Procurement Committee and compliance with any regulations and guidelines issued by the Commission, negotiate with the lowest evaluated bidder to try to obtain a satisfactory price reduction or to obtain a reduction in scope that will result in a reduction of the contract price to an acceptable level, and upon failure to reach agreement with the lowest evaluated bidder, may negotiate in the same manner with each succeeding next lowest evaluated bidder until a satisfactory agreement is reached. Any such negotiations shall not substantially alter the terms, conditions and scope of work that formed the basis upon which the competition was held.

65. Award of Procurement Contract

The contract shall be awarded by the Procuring Entity to the bidder that is qualified and submitted the lowest evaluated responsive bid which meets the evaluation criteria as specified in the invitation to bid, request for quotation, request for proposal or the related bidding documents.

Prior to the expiry of the period of bid validity and at the time pursuant to subsection (1) of Section 31 at which the Procurement Committee forwards to the Commission the Procurement Committee’s notice of intent to award a contract, the Procuring Entity shall notify the apparently successful bidder of the proposed award and shall specify the time within which the contract must be signed (see subsection (1) of Section 66).

Subsection (2) of this Section 65 does not excuse the Procuring Entity from compliance with subsection (1) of Section 31.

If the bidder whose bid has been accepted fails to sign a written contract when required to do so, or fails to provide any required security for the performance of the contract within the prescribed time limit, in addition to any other remedies, the Procuring Entity may accept the next ranked bidder from among the remaining bids that are in force.

66. Acceptance of B id and Signature of Contract

Acceptance of a bid occurs upon issuance of a notice of proposed award to a bidder pursuant to subsection (2) of Section 65. In procurements other than sole source procurements, procurements of consultancy services or where price has been negotiated pursuant to subsection (2)(b) of Section 64 of this Act, the invitation to bid or request for quotation may require the bidder to sign a contract form included in the bidding documents. Where the bid documents require the bidder whose bid has been accepted to sign a written procurement contract conforming to the bid, the Procuring Entity and the bidder shall sign the procurement contract within thirty (30) days after the notice referred to in subsection (2) of Section 65.

A procurement contract shall come into force for a procurement requiring the execution of a contract which shall be binding on the bidder and the Procuring Entity when the contract is signed by the bidder and by the Procuring Entity subject to the requirements of Section 31 and to the remedies in Section 127 of this Act.

Contracts shall be signed by the Head of a Procuring Entity as provided in the Schedule establish by Regulations promulgated by the Commission, but he or she may delegate signature of contracts below the Thresholds establish by Regulations promulgated by the Commission to the head of the Procurement Unit or other senior official of the Entity.

67. Two-Stage Bidding

Where a procurement is to be done by two-stage bidding, the invitation to bid or the related bidding documents shall, in the first stage, call upon bidders to submit initial bids without a bid price, and may solicit initial proposals relating to the technical, quality or other characteristics of the goods, works or services, as well as to contractual terms and conditions of the proposed contract, and, where relevant, to the professional and technical competence and qualifications of the bidders.

The Procuring Entity may engage in discussions with any or all bidders whose proposals satisfy the conditions set forth in the bidding documents with a view to understanding the proposals or to indicate changes required to make them acceptable and to seek the bidder’s willingness to make such changes; minutes of these discussions shall form part of the procurement records.

At the end of the first stage, the Procuring Entity may:

Reject those bids which do not and cannot be changed to meet the basic requirements, minimum performance standards or required completion time or have any other weakness which makes the bid substantially non-responsive; or

Modify the technical specifications, evaluation criteria and contract conditions, while seeking to maximize competition and articulate appropriate evaluation methodology.

In the second stage, the Procuring Entity shall invite bidders whose bids have not been rejected to submit final bids with prices responsive to the revised bidding documents.

A bidder, not wishing to submit a final bid, may withdraw from the bidding proceedings without forfeiting any bid security that the bidder may have been required to provide.

The final bids shall be evaluated and compared in accordance with the criteria and methodology included in the revised bidding documents.

The procedures for bidding set forth in this Part shall apply to twostage bidding proceedings, except to the extent that they are modified by this Section.

68. Request for Consultant’ s Services

For the purposes of procuring the services of a consultant, the Procuring Entity shall prepare a shortlist of, generally, three (3) to six (6) consulting firms as determined by subsections (2) and (3) of this Section and, to the greatest extent feasible, comprising consultants of the same category and similar capacity and business objectives.

When the estimated contract price of the procurement exceeds the Threshold establish by Regulations promulgated by the Commission, in order to establish the shortlist, the Procuring Entity shall seek expressions of interest by Publishing a notice and, where appropriate, placing the notice also in relevant trade publications and technical and professional journals. The Procuring Entity shall allow at least three (3) weeks for interested persons to reply to the request for expressions of interest unless the Commission permits a shorter period.

For assignments of a value lower than the Threshold establish by Regulations promulgated by the Commission, the shortlist may be established from market knowledge or other sources of information without submissions of expressions of interest but in the case of assignments which are particularly complex or require highly specialized knowledge, the public solicitation of expressions of interest provided in subsection (2) of this Section shall be utilized.

The request for proposals shall provide short listed bidders with the information necessary to enable them to participate in the procurement proceedings and to submit proposals that are responsive to the needs of the Procuring Entity including, in particular:

Instructions for preparation and submission of proposals;

The name and address of the Procuring Entity and the exact time and date for the submittal of the proposal;

The name, address and contact details of the Procuring Entity to obtain clarifications on the request for proposal;
The nature, timeframe and location of the services to be provided, terms of reference, required tasks and outputs;

The criteria to be used in evaluating and comparing proposals, and their relative weight as compared to price;

The contractual terms of the procurement and the manner of entry

into force of the contract;

Instructions for preparation and submission of proposals and the place and deadline for submission of proposals;
The final selection procedures to be applied;

Notice of conflict-of-interest restrictions and antifraud and corruption rules, including the grounds for potential debarment from future participation in procurement of goods, services or works that may result from the assignment under consideration;

Such other matters as may be prescribed in the regulations and standard documents issued by the Commission; and

The period for which a proposal must remain valid.

(5) The price of a proposal shall be considered by the Procuring Entity only after completion of the technical evaluation.

69. Selection Methods Based on Quality and Cost

(1) The selection of the successful proposal shall be based upon one of the following methods:

A balancing of the technical quality of the proposal, the consultant’s relevant experience and expertise of its staff, the proposed work methodology and the price of the proposal. This method shall be used for all requirements where the estimated contract price exceeds the Threshold establish by Regulations promulgated by the Commission and may be used in other procurements where appropriate;

The quality of the technical proposal submitted within a predetermined fixed budget. The consultant submitting the highest ranked technical proposal within the predetermined fixed budget shall be selected and invited to negotiate a contract; or

The quality of the technical proposals having met a minimum set of criteria disclosed in the request for proposals, and then the lowest price.

And other methods adopted through regulation

(2) Detailed procedures shall be set forth in the regulations.

70. Selection Based on Quality

When the services are of an exceptionally complex nature or of a considerable impact on future projects or the national economy or when they may lead to the submission of proposals which are difficult to compare, the consultant may be selected exclusively on the basis of the technical quality of his or her proposal; the use of which method shall be approved by the Procurement Committee subject to the approval of the Commission.

71. Award of Consultancy Contract

The contract to be awarded under any of the methods set forth in subsection (1) of Section 69 may be negotiated with the selected consultant but negotiations may not be simultaneously held with several consultants. The negotiations shall not substantially alter the terms, conditions and scope of work that formed the basis upon which the competition was held.

The Procuring Entity shall provide notice of its intent to award to all short listed consultants, other than the selected consultant, and to the Commission at the same time the Procuring Entity provides its notice of proposed award to the selected consultant. The provisions of Section 66 of this Act on bid acceptance and signature of contract shall apply equally to consultancy procurements.

72. Procurement Activity

Notwithstanding any procurement proceedings or activity, no Procuring Entity shall sign a procurement contract or permit a contract to come into force unless the Head of the Procuring Entity has ascertained that:

The activity has been duly budgeted for by the entity;

The budget has been properly subjected to the budget process and been duly approved; and
The budget for the activity has been provided for and approved under the national budget.

PART VI – SPECIFIC PROCEDURES FOR PROCESSING CONCESSION AGREEMENTS

Sub-Part 1 – Definition and Objectives of Concession Agreements

Definition

(1) “Concession” means the grant of an interest in a public asset by the Government or its agency to a private sector entity for a specified period during which the asset may be operated, managed, utilized or improved by the private sector entity which pays fees or royalties under the condition that the Government retains its overall interest in the asset and that the asset will revert to the Government or agency at a determined time. Under this Act, the term

“Concession” shall include all its variants, including but not limited to the following:

“Build/Refurbish/Modernize-Operate-Transfer (BOT)”: Where a private entity finances the development of infrastructure/facility/utility and operates it for a specified period after which the project is handed over to the Government/public entity free of lien or at a cost to the public entity.

“Build/Refurbish/Modernize-Transfer-Operate (BTO)”: Where the Government/public entity contracts with a private entity to build or complete a facility the ownership of which is transferred to the Government/public entity on completion after which the facility is leased back to the private entity for a fixed or renewable term.

“Build/Refurbish/Modernize-Own-Operate-Transfer (BOOT)”:

Where the private entity obtains a franchise for a fixed period, whether exclusive or not, to develop, operate, maintain, manage and collect user fees for a public facility over a fixed period at the end of which title to the facility reverts to the public entity/Government.

“Build/Refurbish/Modernize-Own-Operate (BOO)”: Where the

Government/public entity either transfers ownership and responsibility for a public facility or contracts with a private entity to build, own and operate a new facility, in each case subject to terms and conditions laid down by the Government/public entity for the operation of the facility.

“Joint Ventures”: Where the Government/public entity shares investment, profits, losses and control of the operations of a facility with the private entity.

“Partial Privatization”: The partial disposal of Government interest

to a private entity other than through the Stock Exchange.

“Natural Resources”: Grants of the right to exploit for private benefit a depleting or renewable asset of the state, such as the right to mine minerals, recover petroleum resources or develop and operate an agricultural plantation when the private entity is responsible for and bears the risks of the capital investment and operating costs of the project.

(2) The Commission may by regulation identify other business arrangements generally consistent with the foregoing categories that shall be defined as Concessions.

74. Objectives of Concessions

(1) The objectives of every Concession shall be to promote one or more of the following:

Increased Government revenue from Concessions;
Harnessing of private sector financial, human and technical resources for economic development;

Competition in the provision of services, supplies, goodsor infrastructure and reduction of monopolies;

Acceleration of the development of infrastructure, human capacity and the provision of services;

Growth of the Liberian private sector;

Partnerships between the public and private sectors;

Development of the natural and renewable resources of Liberia consistent with other national goals; and

Job creation

Sub-Part 2 – Scope, Application and Disqualified Private Sector Entities

75. Scope, Application and General Principles

(1) This part shall apply to all activities relating to Concessions and shall apply to the following:

The implementation of Concessions, including but not limited to:

Identification and certification for Concessions;
Planning of the process for Concession agreements;

iii. Preparation of Concession bid documents;

Invitation and evaluation of bids, negotiations and signing of Concession agreements; and

Implementation, supervision and monitoring of Concession agreements.

The grant of Concessions of whatever form in all sectors,

including but not limited to:

iv.

vi.

Agricultural Concessions including plantations;

Oil exploration and extraction; and

Development of public infrastructure with private capital, including but not limited to airports, terminals, toll roads/bridges, etc.

All Concession Entities or Government institutions and agencies legally mandated to undertake Concessions.

All private sector entities that participate in Concessions.

Notwithstanding the foregoing, Mineral Rights and Mineral Development Agreements described in this subsection and granted to or entered into with eligible persons under the Mining Law shall be deemed not to constitute the grant of Concessions subject to this Act:

A Class A Mining License, Class B Mining License, Class C Mining License, Quarry License or Prospecting License granted under the Mining Law, if, in each such case, such license was issued prior to the date this Act is first submitted to the Legislature;

An Exploration License (i) granted under the Mining Law prior to the effective date of the Regulation on the Interim Procedures for Issuing Exploration Licenses of the Commission, Regulation 002 (“Regulation 002”) or (ii) approved under Regulation 002 prior to the date this Act is first submitted to the Legislature and granted under the Mining Law pursuant to application made to the Ministry responsible for Mines prior to the date this Act is first submitted to the Legislature;

A Class B or Class C Mining License or a Quarry License issued under the Mining Law after the date this Act is first submitted to the Legislature to the holder of an effective Prospecting License referred to in clause (a) of this subsection, or a Class A or Class B Mining License issued under the Mining Law after the date this Act is first submitted to the Legislature to the holder of an effective Exploration License referred to in clause (b) of this subsection;

A Mineral Development Agreement entered into with the holder of an effective Exploration License referred to in clause (b) of this subsection, provided that if entered into after the effective date of this Act, such Mineral Development Agreement is negotiated in full compliance with all requirements for the negotiation of concession agreements in this Part VI and is entered into with an entity that has reasonably demonstrated that it has the technical and financial capacity to perform its obligations under such agreement;

The future grant of a Prospecting License or an Exploration License on a first-to-file basis over land included in a NonBidding Area the declaration for which remains in effect and covering only Minerals specified in the declaration of such area as a Non-Bidding Area;

The future grant of an Eligible Class C Mining License or an

Eligible Quarry License over land included in a Non-Bidding

Area (in each case covering only Minerals specified in the declaration of such area as a Non-Bidding Area) to the holder of a Prospecting License or Exploration License covering such land that (i) was issued as contemplated by clause (e) of this subsection (2) and (ii) was in full force and effect at the date of the grant;

The future grant of an Eligible Class B Mining License over land included in a Non-Bidding Area (covering only Minerals specified in the declaration of such area as a NonBidding Area) to the holder of a Prospecting License, Exploration License or Eligible Class C Mining License covering such land, if such Prospecting License, Exploration License or Eligible

Class C Mining License (i) was issued as contemplated by clause (e) or (f) of this subsection (2) and (ii) was in full force and effect at the date of the grant;

The future grant of an Eligible Class C Mining License over land included in a Non-Bidding Area (covering only Minerals specified in the declaration of such area as a NonBidding Area) to the holder of an Eligible Class B Mining License covering such land that (i) was issued as contemplated by clause (g) of this subsection (2), and (ii) was in full force and effect at the date of the grant, provided that the rights under such Eligible Class B Mining License concurrently terminate with respect to such land; and

(2) The future grant of a Class A Mining License over land included in a Non-Bidding Area (covering only Minerals specified in the declaration of such area as a Non-Bidding Area) to, and/or the entering into of a Mineral Development Agreement covering such land with, the holder of an Exploration License covering such land that

was issued as contemplated by clause (e) of this subsection and
was in full force and effect at the date of the grant or the entering intoof such agreement, provided that any such Mineral Development Agreement is negotiated in accordance with the requirements of this Part VI applicable to the negotiation of Concession agreements and is entered into with an entity that has reasonably demonstrated that it has the technical and financial capacity to perform its obligations under such agreement.

For the purposes of subsection (2) of this Section 75:

A “Non-Bidding Area” is established as to specified Minerals when (i)

the Minister responsible for Mines determines, based on a reasoned recommendation of the Geological Survey Department of Liberia (or successor institution), that the available information as to the existence of such Minerals in such area indicates that there are insufficient quantities and/or qualities of such Minerals in such area to support meaningful bidding for the granting of Prospecting or Exploration Licenses for such Minerals in such area and (ii) such determination has been approved by the IMCC excluding the representation from the sector entity.

A Non-Bidding Area may in the discretion of the Minister responsible for Mines be limited to the grant of Prospecting Licenses valid only for future Eligible Class B Mining Licenses, Eligible Class C Mining Licenses and Eligible Quarry Licenses (or any of them, alone or in combination), and may exclude Exploration Licenses and Class A Mining Licenses; An “Eligible Class C Mining License” is a Class C Mining License that covers an area of not more than twentyfive (25) acres,
no portion of which is within five hundred (500) meters of any portion of another Mining License held by the same Licensee,
is exclusively for the exploitation of secondary mineral deposits,
has a tenure of one (1) year renewable,
utilizes non-mechanized small-scale mining methods, and
is otherwise subject to all of the restrictions applicable to operations under a Class C Mining License;

An “Eligible Class B Mining License” is a Class B Mining License

that

covers an area of not more than one hundred (100) acres,
no portion of which is within five hundred (500) meters of any portion of another Mining License held by the same Licensee,
is exclusively for the exploitation of secondary mineral deposits and
is otherwise subject to all of the restrictions applicable to operations under a Class B Mining License;

An “Eligible Quarry License” is a Quarry License that (i) covers an area of not more than fifty (50) acres, (ii) is exclusively for the quarrying of Building and Industrial Minerals and (iii) is otherwise subject to all of the restrictions applicable to operations under a Quarry License and a Class B Mining License;

A “secondary mineral deposit” means a mineral deposit formed when a primary mineral deposit is subjected to alterations through chemical

and/or mechanical weathering;

A Non-Bidding Area approved as provided in clause (a) of this subsection (3) will cease to be a Non-Bidding Area two years after the effective date of such approval unless there is a new determination by the Minister as required by such clause (a) and a new approval described in such clause (a) prior to the end of such two-year period;

A Mineral Right granted in respect of a declared Non-Bidding Area that has not been revoked or otherwise lapsed shall remain valid in accordance with the provision of the Mining Law applicable to such Mineral Right notwithstanding the expiry of the relevant declaration; and

Capitalized terms used in subsections (2), (3) and (4) of this Section 75 without definition in this Act have the respective meanings given in the Mining Law as in effect on the date hereof.

All other conditions in the Mining Law pertaining to mining and exploration rights shall apply insofar as they are consistent with this Act, except that no Exploration Agreement, Mineral Development Agreement or other agreement shall be required with respect to an Exploration License granted after the effective date of this Act.

Although this Part VI provides for the negotiation of definitive Concession contracts following the identification of a successful bidder, it is preferable to structure Concession bids so that the terms of the bid (a) include a definitive agreement and (b) require the successful bidder to enter into the definitive agreement following the identification of the successful bidder. If the bid is so structured, the Concession Entity may give prequalified bidders the opportunity to review and comment on the proposed form of agreement before the bid documents are finalized and released to the bidders.

A Concession bidder by its bid is deemed to have accepted the terms and conditions of the bid. A bidder shall be disqualified if, when invited to negotiations, it seeks changes in terms and conditions expressly set forth in the bid documents (including any provisions of a Concession agreement included in the bid documents that are not clearly marked as sample or illustrative provisions) or expressly contained in the bid documents submitted by the bidder. In any such case the Government may seek to enter into an agreement with the next highest evaluated bidder as provided in Section 118(8) or may cancel the bid and rebid or postpone the project.

Except as expressly provided in this Act, Sub-Part 2 of Part III, Part IV and Part V of this Act are not applicable to the granting of Concessions

under this Part VI.

Nothing in this Act shall be construed as entitling a private entity entering into an agreement with the Government for a Concession to special treatment under or exemption in whole or in part from the generally applicable laws of the Republic of Liberia, including without limitation the taxation and revenue laws of the Republic of Liberia.

76. Concession Entities

Any entity that is issued with a Certificate for Concessions in accordance with Sections 88 and 89 of this Act shall be a Concession Entity for the purposes of this Act and shall be responsible for the Concession process.

Any entity proposing to grant a Concession shall conduct the entire Concession process pursuant to the requirements of this Act.

The Head of the Concession Entity shall be held accountable and responsible for any action taken by the Concession Entity in the conduct of the Concession process and shall not be absolved from accountability for compliance with the requirements of this Act because he or she delegated the function.

77. The Entity Concession Committee

If a Concession Entity proposes to grant a Concession, the Head of the Entity shall designate an Entity Concession Committee to be responsible for the performance of the following functions:

Take the actions necessary to request a Certificate ofConcession;

Cause to be made any required preliminary determination of the feasibility of the proposed Concession;

Prepare a Concession Procurement Plan;

Prepare prequalification instructions for bidders if prequalification is to be used;

Prepare all documentation to be included in any invitation to bid;

Arrange for publication ofall required notices and the delivery of materials to be made available for bidders;
Receive and safeguard prequalification filings and bids received;

Conduct bid opening procedures in accordance with Section 110 of

this Act;

Prepare plans consistent with Section 121 of this Act for the administration (including monitoring and review of performance) of any Concession contract ultimately entered into; and

Carry out such other functions relating to the proposed Concession that do not conflict with the requirements of this Act as may be conferred by the Head of the Entity.

A Concession Entity may have a single Entity Concession Committee for all Concessions, or a separate Entity Concession Committee for separate Concessions, if the Head of the Entity determines that a more appropriate allocation of entity expertise can be achieved in that way.

An Entity Concession Committee shall have at least three (3) and not more than seven (7) members, one of whom shall be designated by the Minister of Finance at the request of the Head of the Entity. A majority of the members shall be officials of the Concession Entity, and all of the members must be Government officers or employees with the skills and experience necessary to carry out the responsibilities assigned to the Entity Concession Committee. The Head of the Entity may be, or may designate an immediate deputy as, the chair of the Entity Concession Committee, but no such designation shall relieve the Head of ultimate responsibility for the discharge of the functions of the Entity Concession Committee. The Entity Concession Committee shall establish its own rules for determining the time, place and procedure of meetings, and shall act by the vote of a majority of its members.

The Procurement Committee established for an Entity under Section 26 of this Act may not function as the Entity Concession Committee for that Entity, but members of the Entity’s Procurement Committee may be designated as members of an Entity Concession Committee for the Entity if they possesses the requisite skills and experience.

The actions of an Entity Concession Committee under Section 77(1) of this Act are subject to approval by the Inter-Ministerial Concessions Committee established for the Concession as specified in this Part VI.

The Head of each Concession Entity shall ensure that each Entity Concession Committee formed for that Entity seeks and utilizes the assistance of other relevant Ministries and agencies of the Government with respect to the matters referred to in clauses (b) through (e) and clause (i) of subsection (1) of this Section.

78. Engagement of Advisors

A Concession Entity, an Entity Concession Committee, a Concession Bid Evaluation Panel and/or an Inter-Ministerial Concessions Committee may, where it is conducive to the national interest, engage or co-opt expert non- governmental entities or individuals to advise on any of the processes of Concessions. Such advisors shall work with and may be invited to join meetings of such Concession Entity, Entity Concession Committee, Concession Bid Evaluation Panel or Inter-Ministerial Concessions Committee, as the case may be, for the purposes of the specific Concession, provided that no such advisors shall have any vote in any approvals to be given.

The selection of a non-governmental advisor for the purposes of subsection (1) of this Section shall be made in accordance with the procedure for the selection of consultants set out under Sections 68 through 71 of this Act unless the services of that entity or individual are being made available on a pro bono basis or are funded by a multi-lateral agency or an international donor without a conflict of interest.

A private sector entity or individual that has participated in or assisted a person to respond to a request for expressions of interest or an invitation to bid with respect to a proposed Concession is disqualified from serving as an advisor under this Section 78 with respect to any matters related to the proposed Concession.

79. Preparation of Concession Procurement Plan

The Concession Procurement Plan shall include at least the following details:

An outline of the structure of the proposed Concession, which will normally include the type of Concession, the expected investment scope, the expected location, the expected term of the Concession agreement, the nature and timing of any payments to be made to the Government by the concessionaire (in addition to tax, royalty, customs and other payments to come due under applicable law), any payments contemplated to be made to the concessionaire or other costs to the Government as a consequence of awarding the Concession, and a summary of the overall benefits expected to accrue to the Government and to Liberia as a consequence of the investment;

An allocation of responsibilities and deadlines for preimplementation activities necessary for the Concession procurement process;

Arrangements to ensure coordination with other institutions where necessary and to address barriers or bottlenecks that may arise in the course of the Concession process;

Whether national competitive bidding under Section 96 of this Act or international competitive bidding under Section 97 of this Act will be used, and the reasons for the selection;

A proposed due diligence plan; and

The proposed dates for the general notice of investment opportunity, request for expressions of interest, invitation to bid, due date for bids, evaluation, negotiation and all processes leading to the Concession agreement.

A Concession Procurement Plan shall be filed with the Commission and the Inter-Ministerial Concessions Committee established for the Concession prior to any publication of a request for expressions of interest or an invitation to bid (whichever is earlier). The Commission may require changes in the Concession Procurement Plan if necessary for compliance with this Act. If the Commission does not respond within twenty-one (21) days of receipt of the Concession Procurement Plan, it is deemed approved by the Commission. The Concession Entity may not proceed with a request for expressions of interest or an invitation to bid until the Concession Procurement Plan is approved by the Inter-Ministerial Concessions Committee.

80. Concession Structures

There shall be established for each Concession proposed to be awarded under this

Act an Inter-Ministerial Concessions Committee in accordance with Sections 81 and 82 of this Act and a Concession Bid Evaluation Panel in accordance with Section 111 of this Act.

81. Composition of the Inter-Ministerial Concessions Committee

The Inter-Ministerial Concessions Committee for a particular Concession shall consist of nine (9) persons constituted on an ad hoc basis as required in accordance with subsection (3) of this Section. Any reference to “the Inter- Ministerial Concessions Committee” with respect to a specific Concession means the Inter-Ministerial Concessions Committee as constituted for that Concession.

The Inter-Ministerial Concessions Committee constituted for each

Concession shall have the responsibilities set forth in Section 82(1)

of this Act and elsewhere set forth in this Part VI.

The Inter-Ministerial Concessions Committee for a specific Concession shall be constituted when required by Section 83(1) of this Act and shall comprise the following:

The chairperson of the National Investment Commission who shall be the chairperson of the committee

The Minister of Justice

The Minister of Finance

The Minister of Labor

The Minister of Planning and Economic Affairs

The Minister of Internal Affairs
Two (2) other Ministers appointed by the President representing the collective interest of various sectors of the economy connected with the Concession

The head of the Concession Entity

The relevant Entity Concession Committee shall designate a member to serve as the non-member secretary to the Inter-Ministerial Concessions Committee formed for the particular Concession.

82. Functions of the Inter-Ministerial Concessions Committee

The Inter-Ministerial Concessions Committee constituted for a particular Concession shall perform the following functions:

Review and approve, with such modifications as are deemed necessary, the Concession Procurement Plan established for the Concession under Sections 77(1)(c) and 79 of this Act prior to any request for expressions of interest; provided that the Inter-Ministerial Concessions Committee shall not approve a Concession Procurement Plan unless it has concluded that the proposed Concession is in the best interests of Liberia and that the benefits of the proposed Concession cannot be substantially achieved other than through a Concession;
Ensure that the proposed Concession is consistent with any applicable annual Concessions plan prepared and approved under Section 89 of this Act;

Constitute when provided for in Section 111(1) a Concession Bid Evaluation Panel for a proposed Concession;

Review and approve prior to their issuance all documents to be included in a request for expressions of interest or an invitation to bid;

Review the bid evaluation report prepared by the Concession Bid Evaluation Panel constituted for the Concession to ensure that procedures were in strict conformity with the criteria, the Act and relevant regulations, and take one of the actions permitted by Section 118 with respect to such evaluation report;

Review and approve a recommendation by the Minister responsible for Mines to exempt an exploration right, pursuant to Section 95 hereof, from the competitive bidding provisions of this Act.
Review and approve any proposal by the Minister responsible for Mines to grant mineral rights pursuant to an exemption under Section 75 of this Act.

Take such other actions as are provided for in this Part VI.

No entity other than the Inter-Ministerial Concessions Committee set up under Sections 80 and 81 of this Act for a particular Concession shall perform the functions of the Inter-Ministerial Concessions Committee for such Concession and the purported performance of the functions of the Inter-Ministerial Concessions Committee by any other person or entity shall be void.

83. Formation and Meetings of the Inter-Ministerial Concessions Committee

The Inter-Ministerial Concessions Committee for a particular Concession shall be constituted at the instance of the Head of the Concession Entity through a written request submitted to the President, with copies to each person who is a statutory member of each Inter-Ministerial Concessions Committee concurrently with the formation of the Entity Concession Committee for the proposed Concession.

The President, on receipt of the request from the Head of the Concession Entity pursuant to subsection (1) of this Section, shall designate the persons or person specified to be appointed by the President under clause (g) of Section 81(3) of this Act to serve as members of the Inter-Ministerial Concessions Committee for a specific Concession and the chairperson of the Inter- Ministerial Concessions Committee shall convene an initial meeting of the InterMinisterial Concessions Committee for the purposes of such Concession.

No person or office shall have the right as a result of appointment under clause (g) of Section 81(3) of this Act to membership of the Inter-Ministerial Concessions Committee constituted for a different Concession.

When a Concession agreement is entered into, the Inter-Ministerial Concessions Committee constituted for that Concession shall be deemed dissolved.

No member of the Inter-Ministerial Concessions Committee shall delegate his or her role as a member, except that where absolutely necessary a member may send a person with the rank of Deputy Minister (or, if the member is not a Minister, his or her immediate deputy) as a proxy to represent that member at a meeting of the InterMinisterial Concessions Committee. The member shall be responsible for any decisions made by the proxy. A person who has been a member of the Entity Concession Committee or the Concession Bid Evaluation Panel for a particular Concession shall under no circumstances serve as a proxy for a member of the Inter-Ministerial Concessions Committee constituted for that Concession.

84. Disclosure of Interest

No member of any Inter-Ministerial Concessions Committee, Entity

Concession Committee, Concession Bid Evaluation Panel or Negotiation Team, and no outside expert, consultant or other person appointed or co-opted to assist in the Concession process, whether on a paid or a pro bono basis, may have any interest, direct or indirect, in (a) any person participating in a bid for that Concession or (b) the outcome of the Concession process, and if any of such persons has any such interest, he or she shall promptly disclose the nature of that interest to the chairperson of the Inter-Ministerial Concessions Committee and the Minister of Justice, shall withdraw from the process, and shall not take part in any deliberation or decision relating to, or provide advice with respect to, that Concession. Such disclosure and withdrawal shall be recorded in the minutes of the relevant Inter-Ministerial Concessions Committee.

A person who contravenes this Section 84 shall be guilty of misconduct and subject to removal from the body involved or from his or her appointed or co- opted position, and/or suffer any penalty that may be applicable under this Act or other applicable law.

Quorum

The Inter-Ministerial Concessions Committee shall not be properly constituted for its work without the presence of the Chairman, the head of the concession entity and three other members.

86. Qualified H older of a Concession

The holder of a Concession granted under this Act must be a corporation organized under the Business Corporation Act, Part I of Title 5 of the Liberian Codes Revised, Vol. II or under any successor Liberian law providing for the organization of forprofit corporations, provided that a Concession with respect to mineral or agricultural natural resources (including forestry resources) may be held by a cooperative association of individuals if (a) the association is organized under law or regulations providing that the association has continuity of life independent of changes in its membership, (b) at least [80%] of the voting and economic interests in the association are legally and beneficially owned by citizens of Liberia, and (c) such form of ownership is otherwise permitted by applicable law and regulations.

87. Inclusion I n Economic Development Plan

The Minister responsible for Planning and Economic Affairs shall develop an annual concessions plan for sectors of the economy in which Concessions may be promoted.No plan is effective until approved by the Cabinet.

The role assigned the Minister responsible for Planning and Economic Affairs under subsection (1) of this Section shall only be exercised in consultation with

(a) the ex officio members of each Inter-Ministerial Concessions Committee and (b) all other Ministers and head of Entities that may be affected by the annual Concessions plan.

The head of a Concession Entity shall, prior to commencing any activity for the purpose of implementing a Concession, request the Minister responsible for Planning and Economic Affairs to issue a Certificate for Concession for the specific Concession.

88. No Concession without Certificate

Every Concession implementation process shall commence with the issue of a Certificate for Concession and no Concession shall be implemented unless the proposed project has been issued with a Certificate for Concession.

The Ministry responsible for Planning and Economic Affairs shall have the sole responsibility to issue the Certificate for Concession.

89. Criteria for the Issue of the Certificate for Concession

(1) Prior to issuing a Certificate for Concession under Section 88 of this Act, the Ministry responsible for Planning and Economic Affairs shall ensure that:

The proposed Concession falls within the area of the economy in which Concession arrangements may be carried out in furtherance of national economic objectives and qualifies as a “Concession” under this Act.

The proposed Concession has not already been allocated with public funds for the same purpose envisaged under the proposed project.

The barriers or bottlenecks that need to be addressed prior to or in the course of the Concession procurement process have been clearly identified by the Concession Entity or by the Ministry responsible for Planning and Economic Affairs and brought to the knowledge of the Concession Entity.

(2) The functions of the Ministry responsible for Planning and Economic Affairs under subsection (1) of this section with respect to a specific proposed Concession shall be performed with prior consultation with the Head of the prospective Concession Entity and with the Heads of other ministries and agencies of the Government most directly affected by the Concession.

Sub-Part 3 – The Concession Process

90. Presentation of Concession Option to the Public

A Concession Entity shall undertake public stakeholder consultations with respect to each proposed Concession prior to the finalization of the bid documents to be included in the invitation to bid.

When the proposed bid documents are submitted to the InterMinisterial Concessions Committee for review as required by Section 104(3) of this Act, they must be accompanied by a list of the individuals and organizations attending the stakeholder forum held pursuant to subsection (1) of this Section, a copy of the notice of such forum published pursuant to such subsection, a summary of the information or positions presented at the forum and a description of actions taken by the Entity Concession Committee to reflect in the proposed bid documents the concerns of those attending the forum.

91. Information at the Stakeholder Forum

Not less than fourteen (14) days prior to a scheduled stakeholder forum, the Concession Entity shall Publish notice of the forum, setting forth in such notice the time and place of the forum, and shall cause copies of the notice to be posted conspicuously in several places in the county seat of each county in which the concessionaire under the proposed Concession is expected to operate. The notice shall include information about a short description of the expected location, nature, size, scope, projected timing and duration of the proposed Concession and the extent of investment of private resources proposed to be required from bidders to meet the needs of the affected community or communities. A detailed procedure shall be contained in regulations.

92. Records of the Concession Bidding Process

(1) In furtherance of transparency and accountability each Entity Concession Committee (in the case of clauses (a) through (g) of this subsection) and each Inter-Ministerial Concessions Committee (in the case of clauses (h) through (j) of this subsection) shall deliver reasonably and promptly after the execution of any Concession contract to the Bureau of Concessions for preservation and reference purposes the documentation specified below with respect to such Concession, and such other information with respect to such Concession as may be required by regulations made under this Act:

A description of the object of the Concession;
If there was prequalification of bidders, a list of the bidders that sought prequalification, the qualification criteria applied, and a list of the bidders that qualified;

The information required by Section 91(2) of this Act;

A list of the bidders that actually submitted bids;

Copies in electronic format of the bid submissions;

Each request (if any) for bid clarification and the response thereto;

The bid evaluation criteria;

A summary of the evaluation results for prequalification

submissions (if any) and for bids;

A statement of grounds for any action under Section 118 of this Act for the cancellation of the Concession bid proceedings or the rejection of all bids;

A statement of grounds for choice of national or international or sole source Concession procedures; and

a statement of any complaints and appeals filed under Section 125 or 126 of this Act and the disposition thereof.

Any portion of the record other than that referred to in clause (h) of subsection (1) of this Section is made available to any person, on request in writing to the Concession Entity, after the Concession bid ranking has been made public or after all bids have been rejected and/or the Concession process is cancelled as provided in Section 118 of this Act.

The portion of the record referred to in clause (h) of subsection (1) of this Section shall, on request in writing to the chairperson of the relevant Inter- Ministerial Concessions Committee, be made available to bidders that applied for prequalification or submitted bids after the prequalification list or the ranking of bids is announced, as the case may be, provided that a bidder eliminated by a prequalification proceeding may request only the portion of the record referred to in the preceding sentence related to the prequalification procedure.

Notwithstanding any other provision of this Section 92, no Entity of the Government or consultant or advisor retained by the Government shall disclose to third parties:

Information, if its disclosure will:

Be contrary to law,
Impede law enforcement,

iii. Not be in the public interest,

Prejudice legitimate commercial interests of the parties, or

Inhibit fair competition under this Act;

Information relating to the examination, evaluation and comparison of bids, proposals, offers or quotations, other than the summary referred to in subsection (1)(e) of this Section.

93. Inspection of the Records

The records required to be maintained by Section 92 of this Act shall be made available for inspection by the Commission and the Auditor-General or any person(s) duly authorized by the Commission or relevant Government authority to act on behalf of the Commission or such Government authority. Information so made available remains subject to the requirements of Section 92(4) of this Act.

94. Specific Records to Be in Writing

Without limiting the generality of this Section or any subsection of this Section, the following, if employed in the context of a particular Concession, shall at all times be in writing:

General notice of investment opportunity;

Request for expression of interest (prequalification of bidders);

Evaluation of bidder prequalification submissions;

Invitation to bid;

Concession Bid Evaluation Panel evaluation report; and

Action(s) taken by and decisions of the Inter-Ministerial Concessions Committee provided for in this Act.

Subject to subsection (3) of this Section, all other information, instructions, notifications, decisions and other communication referred to in this Act to be submitted by the Concession Entity to a bidder or by a bidder to the Concession Entity shall be in writing.

The Inter-Ministerial Concessions Committee may authorize Concession Entities to use other forms of communication, including electronic communication, for publication of invitations to bid, transmission of bidding documents, submission of bids, conclusion of contracts and payments, provided that any such other means of communication may be used only if it

(a) can preserve a record of the content of the communication, provide an adequate level of security and does not unduly restrict bidders’ access to the concession proceedings, and (b) otherwise satisfies the requirements in this Act, regulations issued under this Act and other applicable legislation.

95. Competitive Bidding

Unless otherwise permitted by Section 101 of this Act, Concession bidding proceedings shall be undertaken by means of advertised open bid proceedings, to which equal access shall be provided to all eligible and qualified bidders without discrimination, except that Concession bidding shall utilize prequalification of bidders unless the relevant Inter-Ministerial Concessions Committee concludes that it is highly likely that only a small number of bidders will be interested, in which case bidder qualifications shall be evaluated post-bid.

Notwithstanding subsection (1) of this Section, the grant of license or Concession under section 75(1) b may not be subject to open competitive bidding process provided that:

The prior express approval is obtained from the Commission [under section 102 of the Act] regarding the procedure to be employed; and

The procedure to be used is provided for in specific regulations under legislation as may be applicable pursuant to section 75(2) of the Act.

Notwithstanding the generality of Subsection (1) and (2) of this

section, bidding procedures shall not be required:

In the case of the grant of a Concession in the form of a

Reconnaissance License, a Prospecting License or an Exploration License if the commission determines, upon the recommendation of the Minister responsible for Mines, or the Minister responsible for the sector that there is insufficient information for a viable bidding process relating to the mineral or natural resource in respect of the area over which the License is to be granted.

For the issue of a Mining License to the holder of an Exploration License issued pursuant to paragraph (a) of this subsection.

In the case of the grant of a class B or Class C Mining License where the commission, upon the recommendation of the Minister responsible for Mines and for stated reasons, so determines.

The bidding documents shall require bidders to present the financialcomponents of their bids in the currency specified in the bid documents (which must be a fully convertible currency customarily used in international trade) and to deliver their bids in both hard copy and in a specified readily available electronic format.

96. National Competitive Bidding

National competitive bidding for Concessions may be used when:

Section 97(1) does not require international competitive bidding, and

the Inter-Ministerial Concessions Committee has reasonably concluded that the project is so limited in scope that it is unlikely to be of interest to foreign investors.

National competitive bidding for Concessions must be used when it is concluded that the Concession falls within an area of the economy which is by law restricted to Liberians (in which case only Liberian Businesses may bid or participate in a bidding consortium).

97. International Competitive Bidding

International competitive bidding must be used when one or more of the following conditions exist:

The project requires international expertise;

The project requires technology not available in Liberia; or

The project requires capital outlay not ordinarily available in Liberia; or

Technical specifications shall, to the extent compatible with national requirements, be based on international standards or standards widely used in international trade and in particular shall conform to the provisions of this Act;

General and special conditions of contract, if specified, shall be of a kind internationally accepted in the relevant industry.

Domestic and Liberian Businesses May Participate in International CompetitiveBidding

In all instances of international competitive bidding, a Domestic Business or a Liberian Business that meets any generally applicable minimum criteria for participation shall, without restrictions, be qualified to participate either solely or in association with foreign entities.

Criteria for the Application of Margin of Preference in Concessions

A Concession Bid Evaluation Panel may allow to an otherwise technically and financially qualified Domestic Business or Liberian Business a Margin of Preference.

The Commission may by regulation approved by a committee of the statutory members of each Inter-Ministerial Concessions Committee establish a Margin of Preference for Concessions or particular types of Concessions that grants a price preference to the bidder who (a) commits in its bid to the highest percentage of goods manufactured in Liberia and services delivered by persons resident in Liberia in excess of a threshold that may vary by industry, and (b) sets forth in its bid reasonable ways for assuring performance of its commitment. Any such regulation shall set forth a realistic program for policing such commitments, and shall provide appropriate penalties for non- compliance including, in severe cases, an obligation to rebate to the Government the amount of the price preference granted. Notwithstanding the generality of this subsection, the Commission shall ensure that the criteria for the Margin of Preference applicable to Concessions shall, as much as possible, be consistent with the provisions of Section 45 of this Act.

Regulations proposed under this Section 99 must be published for comment in the manner required for international competitive bids at least 90 days prior to any action by the Commission to approve or declare effective such regulations.

100. Restricted Competitive Bidding

Subject to the approval of the Commission, Restricted Competitive Bidding shall be employed where the Concessions Entity has pre-qualified bidders in accordance with the provisions of this Act.

101. Sole Source and Unsolicited Bids

A Concession may be granted on a sole source basis only upon a determination by the Cabinet, after consultation with the Commission, that sole source procurement is the only reasonable way of obtaining the resource controlled by the bidder and one or more of the following conditions is determined to exist:

The Concession requires specialized expertise that is available only to one specific bidder;

The Concession involves an innovation the patent for which is held by one particular bidder;

The Concession requires specialized research, or experiment that only one person is prepared to undertake; or

The Concession is in respect of strategic national interest or national defense or security and it is not in the national interest to have more than one bidder.

In any such case:

the determination required by subsection (1) of this Section must be made and a copy of the determination must be published on the website of the Commission at least two weeks before any negotiations occur;and

the agreement with such sole bidder constitutes a Concession

agreement that must be developed and negotiated in accordance with the provisions of this Part VI applicable to the development and negotiation of Concession agreements., beginning with the development of a Concession Procurement Plan in Section 79 through to basic due diligence as to the existence of the bidder’s claimed technical and financial capacity and negotiation of the agreement as contemplated by Sections 118 through 121 of this Act, excepting those provisions that cannot rationally be applied in the absence of multiple bidders.

Unsolicited bids for Concessions are subject to the provisions of this subsection (3).

A bid or proposal for a Concession provided by a person at the suggestion of a Ministry or agency of the Government that has not been approved as a sole source bid under the provisions of subsections (1) and (2) of this Section and that is not submitted in response to a formal invitation to bid issued under this Part VI is an unsolicited bid.
No Concession Entity has any obligation to evaluate, negotiate, or accept an unsolicited bid,

A Concession Entity wishing to consider an unsolicited bid shall request the formation of an Inter-Ministerial Concessions Committee that will arrange for the formation of a Concession Bid Evaluation Panel to conduct an independent assessment of the quality of the unsolicited bid and the qualifications and reputation of the bidder,

The Concession Entity may not enter into negotiations with such a bidder unless the Concession Bid Evaluation Panel has concluded that (i) the bidder has the technical and financial capacity to perform its obligations under such agreement, (ii) there is no reason to believe that the terms offered by the bidder could be improved through submission of the proposal to a competitive bidding process, and (iii) the award of a Concession to that bidder would not lead to a situation in which it would be difficult or impossible for an effective competitive operation to arise;

Any agreement with the bidder shall be negotiated by a Negotiation Team in accordance with the requirements of this Part VI applicable to the negotiation of Concession agreements, excepting those provisions that cannot rationally be applied in the absence of multiple bidder.

No unsolicited bid may be accepted or accepted as a basis for negotiations until the Commission has adopted regulations implementing this subsection (3), including criteria and procedures for accepting an unsolicited bid or determining that the proposal must first be put to a competitive bid. The regulations may provide some form of preference to the original unsolicited bidder if competitive bidding is elected or required, either through a reasonable price advantage or, if the original proposal is not structured so that it can be performed only by the bidder, through requiring other bidders to conform their project proposal (general size and scope) to the bid presented by the unsolicited bidder.

102. Prequalification or Qualification of Bidders

If prequalification of bidders is required, the prequalification process shall be conducted in compliance with the requirements of subsections (4) and (5) of Section 32 of this Act. Only bidders that have been prequalified shall be entitled to receive the invitation to bid and to submit bids.

The qualification criteria shall be objective in nature, shall be approved by the Inter-Ministerial Concessions Committee, and shall include at least the relevant components set forth in subsection (1) of Section 32 of this Act.

A Concession Entity may require prospective bidders to submit documentation verifying their qualification data.

All applicants who meet the minimum criteria for prequalification shall be invited to bid.

Where prequalification proceedings are not conducted, postqualification, in which the Concession Bid Evaluation Panel verifies the qualifications of the bidder selected for award against the criteria stated in the bid documents, shall be used.The principles of this Section apply to qualification criteria set forth in the bid documents.

If a bidder wishes to have the financial, technical or other qualifications of an entity other than the bidder taken into account in the qualification process, the bidder must in its qualification submission

set forth the qualifications of such other entities and clear statements of the contributions to the proposed Concession (financial, technical or otherwise) that each such entity is to make,

provide an undertaking from each such other entity to the effect that (i) it has consented to be named in the bid, (ii) the statements made about it in the bid documents are true and correct, and (iii) it is prepared to participate in the transaction on the terms set forth in the submission, and

provide the form of agreement pursuant to which such other entities will agree with the bidder to provide such contributions. The agreement must be executed if the submission is a bid, rather than a response to a request for expressions of interest.

Any change in the identity of such other entities or their proposed contributions after the bidder has been prequalified and invited to bid is subject to a written approval of the Concession Bid Evaluation Panel prior to the deadline for submission of bids. Such approval shall be denied if as a consequence of the change the bidder no longer meets the qualification criteria established for the proposed Concession, or if a substantial reduction in competition would result. Any such change after the submission of the bids shall disqualify the bidder.

Any such agreement provided pursuant to subsection (7) of this Section shall require that either (a) the bidder and each such other entity assume joint and several liability for the performance of the obligations to be undertaken by the entity becoming a party to the Concession agreement, or (b) one or more members of the group with the capacity to bear financial responsibility for all such obligations assumes the entire liability. Whichever alternative is elected, the bidder and any such other entities may agree among themselves to allocate among themselves costs actually incurred in discharging such liabilities in any manner they choose after their liabilities under such agreement are discharged.

Evaluation of prequalification submissions is to be made by the Concession Bid Evaluation Panel created pursuant to Section 111 of this Act, and the results shall be submitted to the Inter-Ministerial Concessions Committee. The Inter-Ministerial Concessions Committee shall remove a bidder from the proposed prequalified list submitted by the Concession Bid Evaluation Panel if (and only if) the Inter-Ministerial Concessions Committee makes written findings that a prospective bidder clearly lacks the legal, technical and/or financial capability to carry out the project, or the prospective bidder’s prequalification submission is materially false or misleading (other than in the case of an obvious mechanical or typographical error). The resulting list of prequalified bidders shall be final.

Sub-Part 4 – Concession Documents Preparation

Performance of Preliminary Feasibility Studies

The Inter-Ministerial Concessions Committee may require a Concession Entity to undertake preliminary or prefeasibility studies to determine the feasibility of a proposed Concession prior to completion of the related Concession Procurement Plan. Any such study shall normally be carried out with the assistance of experts retained as contemplated by Section 78 of this Act.

104. Concession Bid Documents

The provisions of Section 34 of this Act are applicable to requests for expressions of interest and invitations to bid in the Concession process, subject to the additional provisions set forth below.

Prior to issuing a request for expressions of interest, the Entity Concession Committee shall submit the form of the request to the Inter-Ministerial Concessions Committee for review and approval.

Prior to issuing an invitation to bid, the Entity Concession Committee shall submit the form of the invitation to bid and the Concession bid documents to the Inter-Ministerial Concessions Committee for review and approval, and to the Ministry of Justice for review as to legal matters.

Scope of Invitation to Bid; Bid Security
- An invitation to bid for a Concession shall, at a minimum, include the following documents:

A Concession Information Memorandum, which shall cover, but which need not be limited to, the following:

The background of the proposed Concession,
Objectives of the proposed Concession,

iii. Expected improvements or deliverables, and

Any benchmarks to be used to measure the attainment of the objectives of the proposed Concession (which may include quantitative targets and/or calendar deadlines); and

(b) Instructions to bidders, which shall include the following:

An indication of whether or not there will be a pre-bid meeting and if so the date, time and venue,

Time and venue for submission and opening of bids,

iii. Form of bid,

Form of any financial proposal to be submitted

separately,

Content of any legal opinions required to be submitted to establish satisfaction of the due diligence requirements set forth in Section 116(2), vi.The amount and form of any required bid security,

vii. The amount and form (which may be definitive or

illustrative) of any required performance security,

viii. The expected period for evaluation of submitted bids,

The period for which a bid is to remain valid,

Criteria for examination or evaluation of bids

(including but not necessarily limited to those set forth in Section 113(2), and excluding prohibited criteria identified in Section 114),

Statement of procedures for negotiation of Concession agreement,

Form of Concession agreement (which may be illustrative rather than definitive), or outline of principal terms of Concession agreement, as determined to be appropriate by the Inter-Ministerial Concessions Committee, providedthat in either case the provisions do not conflict with the requirements of Section 119 of this Act and comply with Section 121 of this Act, and

xiii. All relevant forms necessary for preparation of bids.

The bid documents shall require that if the bidder will not itself be the party to the Concession agreement, it will guarantee the obligations of the entity established to be a party to the Concession agreement.

Forfeiture of a bid security may be imposed only in the event of:

A modification or withdrawal of a bid after the deadline for submission of bids and during its period of validity;

Refusal by a bidder to accept a correction of an arithmetical error appearing on the face of the bid;

Failure by a bidder selected for negotiations in accordance with Section 118 to negotiate in good faith in accordance with the terms of its bid or to agree to terms described as

“mandatory” in the bidding documents;

Failure of the bidder to comply with the conditions precedent to the signature or effectiveness of a Concession contract negotiated by the parties within the time period agreed upon for signature or compliance; or
Failure by the successful bidder to provide a security for the performance of the contract if required to do so by the bidding documents.

Publication ofGeneral Notice of Investment Opportunity,

Expression of Interest and Invitation to Public

In national competitive bidding, the Concession Entity shall Publish a general notice of investment opportunity, a request for expressions of interest (unless prequalification is not required in the specific case) and a invitation to bid (notice of availability of bidding documents). The general notice of investment opportunity shall be Published at least three (3) weeks prior to the Publication of the request for expressions of interest. Bidders shall be allowed at least [three (3)] weeks to respond to the request for expressions of interest and at least [four (4)] weeks to respond to the invitation to bid.

In international competitive bidding, the Concession Entity shall Publish a general notice of investment opportunity, a request for expressions of interest (unless prequalification is not required in the specific case) and the invitation to bid (notice of availability of bidding documents).Bidders shall be allowed at least four (4)]

weeks to respond to the request for expressions of interest and at least [six (6)] weeks to respond to the invitation to bid.

Notwithstanding the definition of “Publish” a general notice of investment opportunity need not be “published’ in the manner required by clause (c) of such definition.

Publication of Regulations Sub-Part 5 – Pre-Bid Meeting, Bid Submission and Opening

107. Pre-Bid Meeting; Bidder Requests for Clarification

The Entity Concession Committee or the Inter-Ministerial Concessions Committee may require that a pre-bid conference may be organized to give prospective bidders the opportunity to seek clarification and to obtain additional information on the requirements of the Concession or clarify issues set out in the Concession bid document. A writing summarizing all clarifications or additional information provided at any such meeting shall be distributed to all bidders. Section 33 of this Act is applicable to requests by bidders for clarification and supplemental bid information and requirements as though it applied to Concession Entities, except that the time period referred to in the last sentence of such Section 33 shall be three (3) weeks.

108. Particulars of the Pre-Bid Conference

The date, time and venue of any pre-bid conference shall be specified in the invitation to bid or by notice to all bidders given by facsimile or email at least ten (10) days prior to the conference, as the case may be, and shall in any case occur not less than fourteen (14) days after the Concession bid documents first become available to bidders.

109. Submission and Opening of Bids

All responses to an invitation to bid that have been timely submitted shall be opened at the time and place scheduled in such invitation to bid and in the presence of such of the bidders, their representatives or agents who choose to attend.

The bid submission and opening shall observe the rules of bid submission and opening under Sections 59 (as they may be modified to accommodate a two envelope bidding process), 61, 62 and 63 of this Act.

In the case of two envelope bidding, the bid documents shall specify the procedure for opening of the technical and financial envelopes.

If necessary to complete the evaluation of the technical envelope any

scheduled opening of a financial envelope may be postponed on notice by telephone, facsimile or email to all bidders of the new time and place for opening the financial envelope. Any such postponement shall be for at least two (2) days.

Sub-Part 6 – Evaluation

110. Concession Bid Evaluation Panel and Evaluations

Evaluation of responses to prequalification requests or invitations to bid shall be undertaken by a Concession Bid Evaluation Panel that is appointed for each Concession by the relevant Inter-Ministerial Concessions Committee. Any reference to a Concession Bid

Evaluation Panel with respect to a specific Concession means the Concession Bid Evaluation Panel constituted for that Concession. A Concession Bid Evaluation Panel, when formed, shall establish its own rules of procedures, and shall act only through a majority vote of all of its members. The National Bureau of Concessions shall be a permanent institutional representative on all Bid Evaluation Panels. The Chairperson of a Bid Evaluation Panel shall be appointed by the relevant Inter-Ministerial Concessions Committee.

The Inter-Ministerial Concessions Committee is responsible for ensuring that each member of a Concession Bid Evaluation Panel has the training and experience appropriate for the evaluation of the prequalification submissions or bids under consideration.

A Concession Bid Evaluation Panel should normally include as regular voting members one or more qualified individuals who are not officials or employees of the Government so long as a majority of the members are officials or employees of the Government. The Inter-Ministerial Concessions Committee or the Concession Bid Evaluation Panel itself may also designate individuals or institutions to act as non-voting advisers to or observers of the deliberations of the Concession Bid Evaluation Panel in compliance with Section 78 of this Act. A member may not designate an alternate, and if a member consistently fails to attend meetings, the chairperson or vice chairperson shall notify the Inter-Ministerial Concessions Committee, which must promptly replace the member.

For the avoidance of doubt, (a) Heads of Entities may not be members of a Concession Bid Evaluation Panel, and (b) the Minerals Technical Committee referred to in the Mining Act may not serve as a Concession Bid Evaluation panel under this Act.

Each Concession Bid Evaluation Panel is an ad hoc body and shall be deemed to be dissolved once its report is acted upon by the relevant Inter-Ministerial Concessions Committee in accordance with Section 118(1).

111. Certainty of Evaluation Criteria

No criteria shall be used for evaluation of bidders or of a bid that was not identified in the documentation made available in the request for expressions of interest or in the bid documents, provided that the evaluation criteria may be modified by notice to all bidders at least three weeks prior to the due date of the prequalification submission or the bid submission (as the case may be) in the manner contemplated by Section 33(2) of this Act.

112. Minimum Contents of the Evaluation Criteria

The evaluation criteria applicable to a request for expressions of interest (prequalification) shall take into consideration the particular requirements of the proposed Concession and the nature of the expertise required for efficient and effective implementation of the Concession.

The evaluation criteria applicable to an invitation to bid shall be designed to attain the objects of the Concession and shall include at least the following:

Compliance of the bidder with any specific technical and financial requirements stated in the bid documents (including any required bid security);

Technical and financial capacity of the bidder to carry out all phases of the proposed project;

Technical feasibility of the proposal;

Effectiveness of the methods and resources to be deployed;

In the case of infrastructure projects for the delivery by private entities of public services or facilities that will serve the general public where the bidders are not bidding to provide contract-mandatedlevels of service, the magnitude of the planned service level improvements over the Concession period;

If the Government has adopted an overall strategic objectives and national development plan, the extent to which the proposed Concession contributes to the realization of such plan;

Technology transfer;

Impact on the environment and compliance with

environmental laws and regulations;

Expected effect of the Concession on national income, employment of Liberians, the communities affected by the Concessions (social impact considerations), industries and other sectors of the economy;

Direct financial benefits flowing to the Government from the award of the Concession;

Negative impacts on Government revenues of any financial concessions proposed to be granted; and

Any Margin of Preference applicable in accordance with Section 99 of this Act.

113. Prohibited Criteria in Evaluation

The criteria for the selection of responsive bidders shall not at any stage include any of the following (provided that clauses (b) and (c) of this Section 114 shall not be applied to limit the ability of the Concession Bid Evaluation Panel to apply in good faith criteria reasonably designed to require actions by Concession holders to minimize adverse environmental impacts of proposed Concessions, to mitigate the adverse social impact of Concessions, and to improve the quality of life in the communities affected by their operations):

Criteria that cannot be reasonably interpreted as a condition meant to elicit the attainment of any of the principles provided for under this Act;

Criteria that are non-commercial in character and which will not lead to the attainment of the objectives of the Concession arrangement;

Ambiguous criteria the interpretation of which can be

subjective;

A criterion or condition that leads to the grant of the Concession to particular persons or group of persons;

A criterion or condition designed to facilitate the selection of a known bidder in contravention of the competitive process; and
A criterion or condition that will promote the corruption of the entire or part of the Concession procurement process.

Sub-Part 7 – Post-Evaluation

114. E valuation Report

A Concession Bid Evaluation Panel shall seek to conclude the evaluation and submit its evaluation report to the Inter-Ministerial Concessions Committee within the period set forth in the bid documents. The Inter-Ministerial Concessions Committee may extend the period specified as necessary to enable a fair and comprehensive evaluation of the bids submitted, and shall notify all bidders of each such extension.

A Concession Bid Evaluation Panel evaluation report shall include at least the following:

A report on the responsiveness of the bids to the requirements set out in the invitation to bid;

Results of the technical evaluation;

Results of the financial evaluation;

An overall ranking of bidders, identifying any bidders to be disqualified because their bids fail to respond to mandatory requirements of the bid documents or because they have been determined in the evaluation process not to meet the minimum standards set for qualification, as set forth in the bid documents; and

A recommendation that the bidder with the highest overall score (above any minimum level required to qualify for negotiations) be invited for negotiations.

The evaluation report shall be accompanied by a summary of the results of the due diligence performed in accordance with Sections 116 of this Act (including a discussion of how the bid evaluation was affected by the due diligence reports), to which are attached all due diligence reports obtained with respect to each bidder and, in a clearly labeled subsection, all computations required by subsection (2)(d) of Section 116 of this Act.

An evaluation report shall not give significant weight to proposals of future performance by bidders that are contingent on future events the occurrence of which is not within the bidder’s control.

Due diligence may not be used to raise a bidder’s ranking above the ranking awarded by the Concession Bid Evaluation Panel based solely on the submissions of the bidders, even if due diligence reveals aspects of the bidder’s business or operations that would have given the bidder additional credit had they been set forth in the bidder’s submission.

115. Due Diligence

The due diligence required by this Section shall be undertaken by competent persons for all bidders submitting responsive bids. If a bidder submission shows that the bidder is relying on other entities to establish the necessary financial or technical capability, as contemplated by subsections (1) and (2) of Section 113 of this Act, the due diligence must extend to the entity or entities claimed to provide the necessary technical or financial capacity. References in this Section and in Section 118 of this Act to “the bidder” shall be interpreted as applying to the bidder and each such other entity.

Due diligence shall at a minimum include the matters set forth below, and should cover such other matters as the Concession Bid Evaluation Panel determines to be appropriate in light of the nature and scope of the proposed Concession:

Authenticity of the claims of technical and financial capability and technical experience made by the bidder;

Verification that the bidder is not (and is not controlled by) a person disqualified under this Act or other applicable law;
Verification of the legal ability of the bidder to carry out its bid obligations, which shall in the first instance be verified by the submission by the bidder of opinions of established law firms entitled to practice in the relevant jurisdictions regarding:

the legal organization and existence of the bidder,

its legal authority to submit its bid and perform the obligations proposed to be undertaken pursuant to its bid,

the submission of its bid not violating any laws, rules or regulations to which it is subject under the laws of its jurisdiction of organization or the jurisdiction in which its chief executive offices are located, or any agreements by which it is bound, and

the corporate authority of the persons executing the bid documents to bind the bidder;

If the bids involve proposals that the Concession agreement provide adjustments, favorable to the bidder, in the tax and other fiscal obligations of the bidder at the time existing under generally applicable laws and regulations, computations of the individual and aggregate impact of those adjustments on the revenue of the Government over 25 years and, if longer, over the estimated life of the Concession (but not more than 40 years).

The Concession Bid Evaluation Panel shall solicit recommendations from the Concession Entity and other interested ministries and agencies as to the organization or organizations that will undertake due diligence. Due diligence should be performed by independent organizations that had no involvement in preparing any bid relating to the proposed Concession, are not affiliated with any bidder for the proposed Concession or any other proposed Concession of the same type, have no pattern of being retained by any bidder for the proposed Concession, and have the technical skill and experience to undertake the required due diligence. Once organizations are selected in accordance with Section 78, the Concession Bid Evaluation Panel shall organize and coordinate the due diligence to be performed. The actions required by this subsection (3) should normally take place between the time bidding documents are delivered to the prospective bidders and the submission of the bids.

Promptly after the bids are opened (the technical bids, if two-stage bidding is used), the Concession Bid Evaluation Panel shall assess the bids to determine whether additional due diligence is appropriate, inform the Inter-Ministerial Concessions Committee of its conclusions, and act on the instructions of the Inter-Ministerial Concessions Committee. Due diligence shall commence as promptly as possible after the opening of the bids, and must be completed prior to the preparation by the Concession Bid Evaluation Panel of its

report under Section 115 of this Act.

If the Concession Bid Evaluation Panel concludes at any point in the evaluation process, based solely on the bid submissions, that a bidder has no realistic prospect of being considered in the top group of bidders, it may suspend due diligence on that bidder. If at a later date new information seems likely to result in that bidder being ranking among the top group of bidders, the suspended due diligence must be completed prior to ranking that bidder in the evaluation report of the Concession Bid Evaluation Panel.

The Inter-Ministerial Concessions Committee may request the performance of additional due diligence with respect to any bidder after the submission of the Concession Bid Evaluation Panel of its report under Section 115 of this Act. Unless a bidder is disqualified by the Inter-Ministerial Concessions Committee based on such additional due diligence, as contemplated by clause (b) of subsection (1) of Section 118, any new information obtained through additional due diligence shall be furnished to the Concession Bid Evaluation Panel which shall re-rank the bidders on the same scale on which they were originally ranked, taking into account the new information.

Notwithstanding any due diligence performed, the conditions to the effectiveness of every Concession agreement shall include such legal opinions and representations and warranties with respect to all entities undertaking obligations to the Government in respect of the Concession as are customary in international practice or as are appropriate to confirm the continuing accuracy of the information provided by the bidder in its bid submission or contained in the legal opinions provided by the bidder as a part of its bid submission.

The costs of due diligence shall be borne by the Concession Entity to the extent not borne by the bidders. All fees collected from prospective bidders in connection with a request for expressions of interest or an invitation to bid shall be applied by the Ministry of Finance to reimburse the Concession Entity for the costs of the due diligence.

Form of Contract; Role of Ministry of Justice in Developing Contract
- The form of each Concession agreement shall be developed by the Concession Entity and approved by the Inter-Ministerial Concessions Committee prior to negotiations. The agreement shall be approved as to legal form by the Ministry of Justice prior to submission to the bidder, or, if and to the extent the final form of the agreement is included in the bid documents, prior to the release of the bid documents to the bidders.

The Concession agreement as executed shall be approved by the Minister of Justice as complying with the requirements of this Act and any other applicable law before submission to the President and Cabinet for approval.

Review of Evaluation Report; Negotiations
- The Inter-Ministerial Concessions Committee shall review the evaluation report and take one or more of the following actions:

Approve the report and the bid ranking if neither clause (b)

nor clause (c) of this Subsection (1) is applicable;

Take note of the due diligence performed and disqualify a bidder if, notwithstanding the ranking of the bidder by the Concession Bid Evaluation Panel, the due diligence demonstrates that the bidder clearly lacks the legal, technical and/or financial capability to carry out the project, or that the bidder’s bid documents are materially false or misleading (other than in the case of an obvious mechanical or typographical error), and approve the report and bid ranking after giving effect to any such disqualifications; or

Determine, with the approval of the Cabinet, that the best interests of the Government require the cancellation of the Concession bid process or the rejection of all bids, and in any such case the Inter- Ministerial Concessions Committee, without liability to any bidder:

may require rebidding the project or decide that the project shall not at the time be rebided (without prejudice to restarting the Concession bid process at a later date);

must give promptly to all bidders written notice of the cancellation or rejection and any decision to rebid the project; and

must return any unopened bid to the bidder submitting that bid.

Neither the Head of the Concession Entity nor the Inter-Ministerial Concessions Committee shall have the power to alter an evaluation report submitted by a Concession Bid Evaluation Panel or to request changes in the ranking established by the Concession Bid Evaluation Panel. The Inter- Ministerial Concessions Committee shall consult with the Minister of Justice before taking any action referred to in subsection (1)(b) or (1)(c) of this Section.

Any disqualification of a bidder shall be in writing, shall set forth the reasons for disqualification and shall be promptly furnished to all bidders.

The Inter-Ministerial Concessions Committee shall notify the

Commission and the President of the action taken by the InterMinisterial Concessions Committee pursuant to subsection (1) of this Section. The notice under this subsection shall contain at least the following information:

Name of the first, second and third ranked bidders;

Name of any bidder disqualified under subsection (1)(b) of

this Section; and

Statement of actions taken under subsection (1)(c) of this Section.

Within fourteen (14) days after notice of approval of the evaluation report by the Inter-Ministerial Concessions Committee pursuant to clause (a) or (b) of subsection (1) of this Section, the President shall appoint a Negotiation Team upon a recommendation of the IMCC for the conduct of the negotiations with the highest ranked bidder. Each Negotiation Team shall consist of the Head of the Concession Entity, the chairperson of the National Investment Commission, the Minister of Justice, the Minister of Finance, and three Persons designated by the President, two of whom shall be Cabinet members. The chairperson of a Negotiation Team shall be a Cabinet member designated by the President. Each Negotiation Team will report to and will be responsible to the President.

Each Negotiation Team shall organize a technical team to support its work. The team shall include qualified Government employees and relevant qualified legal and technical advisers (who may include paid or pro bono international advisors) retained in accordance with Section 78 of this Act.

It is not required that all members of a Negotiation Team be present

at all negotiating sessions so long as procedures are established in the particular case for keeping the members of the Negotiation Team informed and for the participation of the entire Negotiation Team in all material decisions. No such procedures shall excuse a member of the Negotiation Team from responsibility for the negotiations unless the member dissents in writing from the procedures adopted or from a specific decision of the Negotiation Team and files that writing with the President prior to the approval of the Concession agreement by the Government.

Subject to subsection (7) of this Section, negotiations shall be entered into with the highest ranked bidder indicated in the evaluation report and approved by the Inter-Ministerial Concessions Committee as contemplated by subsection (1) of this Section. In the event of the breakdown of the negotiations, the Negotiation Team shall consult with the Inter-Ministerial Concessions Committee as to the advisability of seeking to continue negotiations with the highest ranked bidder, or commencing negotiations with the next ranked bidder, or conducting competitive negotiations concurrently with both the highest ranked bidder and the next-ranked bidder or cancelling the bid process.

118. Issues to be Considered at the Negotiations

To the extent that the bid documents do not provide that contract provisions set forth in the bid documents are non-negotiable, the Negotiation Team shall take the following into account, within the context of existing laws, in its negotiations with the prospective concessionaire:

Responsibilities of parties under the Concession
Standards of performance including service,deadlines, safety, compliance and operating/maintenance requirements
Contingency arrangements for identified risks

Compliance with tax and other fiscal obligations

Mechanisms for monitoring performance, quality of service and other project objectives

Dispute resolution mechanisms

Performance bonds

Monitoring/reporting

Reporting requirements

Social responsibility requirements

Use of local labor

Capacity Building
Technology transfer
Financial components, including payment provisions, the time of payment and currency of payment

Responsibilities for insurance, security, operation and maintenance where applicable

Contract revision arising from material change in the conditions of the contract

Environmental issues

Termination provisions

Project failure and remedies, if any

Breach of contract/events of default

Provision for re-entry, buy-back transfer, reversion, assignment and related issues

Tariffs, charges, rates, fees, etc. that may be charged to third parties, where applicable and responsibility for fixing same
Non-circumvention, confidentiality and scope of these provisions

Ownership of intellectual property, facilities or new technologies developed

Provisions which may survive termination of the contract (e.g. arbitration, confidentiality)
Contract amendment process

The Inter-Ministerial Concessions Committee may expand on these issues for negotiations for any particular Concession, but any additional requirements must have been reflected in the bid documents.

If as a result of negotiations it is proposed that the Concession agreement provide adjustments, favorable to the bidder, in the tax and other fiscal obligations of the bidder at the time existing under generally applicable laws and regulations, the Negotiation Team must with the assistance of the Minister of Finance prepare and deliver to the President (and the Legislature where approval by the Legislature is required), high and low estimates of the impact of those adjustments on the revenue of the Government over the initial twenty five (25) years of the operations of the Concession holder, together with high and low estimates of the net royalties and tax revenues likely to be receivable from the bidder of the same period, accompanied by sufficient narrative to make clear the assumptions (which must be reasonable in light of the facts and circumstances at the time) surrounding each estimate.

119. Confidentiality Agreement

The Concession Entity may enter into a confidentiality agreement with a bidder invited for negotiations that restricts the bidder, the Concession Entity and the members of the Negotiation Team from disclosing information in accordance with internationally accepted standards of confidentiality in such cases. No provision of any such agreement may limit the disclosure obligations of the Government under applicable law or pursuant to international agreements or arrangements to which Liberia has subscribed, such as the Extractive Industries Transparency Initiative, or the right of the Government to disclose the final Concession agreement (including its fiscal terms), including both affirmative payment obligations and concessions from otherwise applicable fiscal obligations.

120. Post- Contract Management

Every Concession agreement shall include post-award contract management arrangements, which shall at least include:

Mechanisms for monitoring performance of the terms and conditions of the agreement;
Reports to be submitted on a periodic basis and the methods for authentication of the reports;

Asset maintenance and improvement requirements; and

Arrangements for handling public complaints.

(2) Copies of all reports (other than tax returns) required to be delivered to the Concession Entity or any other ministry or agency of the Government shall be delivered concurrently to the Bureau of Concessions in the same format.

121. Regulations Pertaining to Mining and Petroleum Concessions

The Commission may in consultation with the Minister responsible for mining issue regulations further clarifying and expanding upon the provisions of subsections (2) and (3) of Section 75 of this Act. The Commission may also issue such regulations as it determines to be necessary or appropriate to ensure that the issuance of licenses for mining and petroleum prospecting, reconnaissance and exploration, where not expressly exempted from the applicability of this Act, are awarded in a competitive manner in compliance with the requirements of this Act and without the grant of a monopoly to any party.

PART VII – RULES ON DISPOSAL OF STORES, PLANT AND EQUIPMENT

122. Authority to Dispose

A department with obsolete stores or unserviceable equipment and plant shall send a disposal request to the Minister of Finance.

The Minister of Finance shall if satisfied, authorize the head of the entity to convene a disposal committee comprising representatives of the entity and persons with relevant expertise and the committee shall after carrying out inspection recommend the best method of disposal in accordance with Section 124.

The committee’s recommendations shall be subject to approval of the head of entity.

123. Disposal Procedures

Disposal of obsolete and surplus items consistent with applicable guidelines provided by the Commission, pursuant to the Disposal Committee shall be by transfer to the General Services Agency with or without financial adjustment, which shall undertake same by the following procedures:

Transfer to government departments or other

public entities, with or without financial adjustment;

Sale by public tender to the highest tender, subject to reserve price;

Sale by public auction, subject to minimum acceptable price;

Destruction, dumping, or burying or such forms of disposal as appropriate.

Other than the methods of disposal under subsection 1 (i), (ii) and (iii), any form of disposal including those set out under subsection 1 (iv) shall only be done with the written approval of the Environmental Protection Agency.

The Commission may in consultation with the Minister of Finance prescribe further procedures for disposals but the Commission shall not have the power to make any guidelines or regulations in respect of subsection (1) (iv) of this section.

PART VIII – COMPLAINTS AND REVIEW PROCESS

124. Right to Review

The following persons may lodge complaints under this Act:

Any bidder who has suffered or is at the risk of suffering a loss or damage as a result of a violation of this Act or its regulations in the conduct of the procurement or concession process;

Any person who has grounds to believe that he or she or the Entity he or she represents has been prevented from becoming a bidder; or

Any person not referred to in clauses (a) and (b) of this subsection who has reason to believe that there has been a violation of this Act or its regulations that has adversely affected the interests of such person.

Any complaint must in the first instance be lodged with the Head of the Procuring or Concession Entity. The complaint must be filed within forty-five (45) days of the time that the person or other entity first becomes aware of the facts constituting the alleged violation and is not deemed filed unless delivered to the principal office in Monrovia of the relevant Procuring or Concession Entity during regular office hours on a business day, with a copy filed on the same day with the Executive Director of the Commission for the attention of the Complaints, Appeals and Review Panel during regular office hours. If the complaint filed with a Concession Entity includes an objection to an action of an Inter-Ministerial Concessions Committee or Concession Bid Evaluation Panel relating to a particular Concession (or proposed Concession), the Head of the Concession Entity shall be responsible for responding to the complaint as if the complaint objected to an act of the Concession Entity.

A complaint shall not be entertained unless the complainant reasonably complies with the following requirements:

Submits the complaint in writing;

States his or her particulars and the means by which he or she may be reached, which must include a physical address in Monrovia (which may be the address of an agent for such person) to which mail or messenger deliveries may be made during regular office hours or must consent to delivery of documents and papers by email and provide an email address; and

States in the complaint with reasonable clarity the circumstances relied upon by the complainant to establish the existence of a violation of this Act or its regulations (including identification of the provisions of this Act or the regulations relied upon to establish the occurrence of such violation of this Act or its regulations) and, where applicable, the part of the Procurement or Concession process from which the complaint arose.

Notwithstanding subsection (1) of this Section, the following may not form the subject of any complaint and no person has a right under this Act to a Complaints, Appeals and Review Panel or judicial review of any of the following:

An Entity’s choice of a Procurement or Concession method unless the choice of method violated an express provision of this Act or its regulations;

A decision by the Entity or the Inter-Ministerial Concessions Committee, as the case may be, to reject all bids or cancel a procurement or a Concession process unless the decision to reject or cancel violated an express provision of this Act or its regulations; and

An alleged violation of this Act or its regulations occurring more than one hundred and eighty (180) days prior to the filing of the complaint.

The Head of the Procuring or Concession Entity shall upon receipt of a complaint, complying with the requirements of this Section 125, shall inform the complainant that the Commission shall publish notice of the complaint as provided in subsection (1) of Section 128 of this Act and shall cause such notice to be forwarded no later than two (2) business days following such publication by electronic mail, facsimile or hand delivery to other known bidders or prospective bidders that may be affected by the resolution of the complaint.

With respect to a complaint filed pursuant to this Section 125, the Head of the relevant Procuring or Concession Entity shall:

investigate the complaint;

reach a decision within fifteen (15) days of receipt of the complaint by the Procuring or Concessions Entity and promptly communicate the decision to the complainant and to any other bidders or prospective bidders who submitted views in writing on the appropriate resolution of the complaint by electronic mail, facsimile or hand delivery; and

promptly deliver a copy of the decision to the Executive Director of the Commission.

To give other interested parties an opportunity to comment on the complaint, no such decision shall be issued prior to ten (10) days following receipt of the complaint by the Head of the Procuring or Concession Entity.

Any decision with respect to a complaint shall be in writing and shall set forth:

The reasons for the decision;

A summary statement of relevant facts;

Whether the complaint is upheld in whole or in part; and

To the extent the complaint is upheld, the corrective measures to be taken.

125. Further Review by the Complaints, Appeals and Review Panel

Nothing in this Act or in any other law shall derogate from the right of a person filing an initial complaint complying with the requirements of Section 125 of this Act to seek review by the Complaints, Appeals and Review Panel pursuant to Section 125 of this Act of a decision on such initial complaint by the relevant Procuring or Concession Entity.

A complainant may (i) request that the Complaints, Appeals and Review Panel decide the complaint if the relevant Entity does not issue a decision within fifteen (15) days of the complaint being filed or (ii) file with the Complaints, Appeals and Review Panel an appeal of a decision of the relevant Entity. All requests for decision and appeals to the Complaints, Appeals and Review Panel under this Section 126, and all other filings or submissions relating thereto, must be filed with the Executive Director of the Commission for the attention of the Complaints, Appeals and Review Panel during regular office hours of the Commission. In the case of a request for a decision by the Complaints, Appeals and Review Panel upon the failure of the relevant Entity to respond by the due date for resolution of the complaint, the request must be filed on a business day within ten (10) days after such due date. In the case of an appeal from an adverse decision by the relevant Entity, the appeal must be filed on a business day within ten (10) days after the date of the decision of the relevant Entity. A complainant requesting a decision on a complaint or filing an appeal under this Section must deliver a copy of the request or appeal to the relevant Entity at the location specified in subsection (2) of Section 125 of this Act at substantially the same time as filing with the Complaints, Appeals and Review Panel.

If as a result of a decision by a Procuring or Concession Entity pursuant to a complaint filed under Section 125, a bidder, other than a complainant, is excluded from the right to submit a bid or from the right to have a submitted bid considered or is denied the right to enter into a contract although it was previously entitled to bid or formally designated the winning bidder, that bidder may file an appeal with the Complaints, Appeals and Review Panel in the manner and within the time period provided in subsection (2) of this Section .

The Complaints, Appeals and Review Panel may not act on a request for decision or an appeal unless it first determines that an initial complaint was properly filed with the Head of the relevant Procuring or Concession Entity and that either (a) the response period provided for in subsection (6)(b) of Section 125 has expired without a decision of the relevant Entity or (b) that such a decision has been rendered.

The complaint forwarded to the Complaints, Appeals and Review Panel with a request for decision may not raise new claims or evidence not presented in the complaint filed under Section 125. Appeals shall state the facts and law relied upon to establish that the initial decision of the Procuring or Concessions Entity was erroneous and may not raise new claims or issues that were not within the scope of the initial complaint or the decision being appealed.

Upon receipt of a request to the Complaints, Appeals and Review Panel to decide a complaint when the relevant Procuring or Concessions Entity has failed to respond within the time provided by subsection (6)(b) of Section 125 of this Act or of an appeal, the Commission shall deliver the request or appeal to the Complaints, Appeals and Review Panel, and shall provide the relevant Entity with a copy of the request or appeal.

Each request for decision or appeal made to the Complaints, Appeals and Review Panel shall be dealt with exclusively by a specific complaint and appeal panel designated for the purpose of that request or appeal from the members of the Complaints, Appeals and Review Panel as provided in subsection (7) of Section 10 of this Act., and shall be administered in accordance with this Part and any rules of procedure established by regulations. The Secretariat shall provide such assistance to each designated complaint and review panel of the Complaints, Appeals and Review Panel as it may request in the handling of any request for decision or appeal properly before it, including research and investigation of matters of fact relevant to the request.

No designated complaint and appeal panel of the Complaints, Appeals and Review Panel may issue any decision with respect to a complaint presented pursuant to clause (i) of subsection (2) of Section 126 or an appeal presented pursuant to clause (ii) of subsection (2) of Section 126 unless it has held a hearing at which the complainant, representatives of the relevant Entity, Concession Bid Evaluation Panel or Inter-Ministerial Concessions Committee, as the case may be, and representatives of other interested bidders have been given the opportunity to appear and present testimony. Each designated complaint and appeal panel of the Complaints, Appeals and Review Panel must give not less than seven (7) days written notice of the hearing to the parties and to any interested bidders who have timely notified the Commission pursuant to subsection (9) of this Section of their desire to be heard. In addition, all such persons (and any other interested persons) must have at least seven (7) days after the completion of such hearing to provide additional evidence or legal support in writing. All oral presentations and additional written evidence shall be given under oath as to any assertions of fact contained therein.

An interested bidder who wishes to appear at a hearing must file a notice of appearance with the Complaints, Appeals and Review Panel within seven (7) days of the publication by the Commission of the notice required by Section 128(1) of this Act of the request for decision or appeal.

126. Decisions on Complaints and Appeals

Upon a complaint and/or appeal the Complaints, Appeals and Review Panel shall under normal circumstances render its decision within forty-five (45) days after the request for review or appeal is received. That period may be extended by fifteen (15) days. If the panel does not issue a decision within the prescribed or agreed period, the complainant or appellant may proceed directly to a court of competent jurisdiction as contemplated by subsection (7) of this section 127.

Any decision by a designated complaint and appeal panel of the Complaints, Appeals and Review Panel with respect to a request for decision or an appeal presented pursuant to Section 126 shall be in writing and shall set forth:

The reasons for the decision;
A summary statement of relevant facts;

Whether the complaint or appeal is upheld in whole or in

part; and

To the extent the complaint or appeal is upheld, the corrective measures to be taken.

Decisions of a designated complaint and appeal panel may be circulated among the Complaints, Appeals and Review Panel members for advice and comment before writing and release. If a decision of a complaint and appeal panel is not unanimous, the dissenting member must issue an opinion setting forth the grounds for his or her dissent.

If a decision of a designated complaint and appeal panel of the

Complaints, Appeals and Review Panel upholds the complainant’s contention that a violation of the Act or its regulations has occurred, the complaint and appeal panel may direct such of the following remedies as it determines to be appropriate in accordance with such decision:

Prohibit the relevant Entity, Concession Bid Evaluation Panel or Inter- Ministerial Concessions Committee from acting in an unauthorized manner or from following incorrect procedures or direct the relevant Entity, Concession Bid Evaluation Panel or the Inter- Ministerial Concessions Committee to follow the required procedures;

Where necessary to provide relief from the effect of the violation, require the relevant Entity, Concession Bid Evaluation Panel or Inter-Ministerial Concession Committee to resume the procurement or Concession process from a point prior in the process to the point where the violation occurred;

If deemed necessary to ensure compliance with the Act, require that the procurement or Concession proceedings be cancelled (the decision on whether and when to restart the procurement or Concession proceedings being the responsibility of the relevant Procuring or Concession Entity); and

If there have been violations of Section 131 or 132 of this Act, recommend action by the Commission under Section 44 of this Act and/or prosecution by the Ministry of Justice.

Notwithstanding this subsection (4), a designated complaint and appeal panel of the Complaints, Review and Appeals Panel does not have the authority to issue a decision that directs the relevant Entity, Concession Bid Evaluation Panel or InterMinisterial Concessions Committee to award a contract or concession to any particular person.

Where a procurement contract or concession has already been entered into in accordance with this Act and is not at the time still subject to a suspension provided in Section 129, if a decision of a designated complaint and appeal panel of the Complaints, Appeals and Review Panel upholds the complainant’s contention that a violation of the Act or its regulations has occurred, a complaint and appeal panel may, after a hearing, direct any or all of the remedies set forth in clauses (a) and (d) of subsection (4) of this Section.

In addition, where a procurement or concession contract has been entered into and is not subject to a suspension provided in Section 129 and if the designated complaint and appeal panel of the Complaints, Appeals and Review Panel has found that there has been fraud in obtaining a procurement contract subject to this Act or a Concession, the Commission (in the case of a procurement contract) or the Cabinet (in the case of a Concession) may, after a hearing on disputed facts by a designated complaint and appeal panel of the Complaints, Appeals and Review Panel terminate the contract or Concession and bring an action in the name of the Government to recover any payments made thereunder. Any such termination and action is in addition to damages or any other remedies available under the terms of the procurement or concession contract, this Act or other statutes, and a decision to refrain from exercise of the termination remedy is not a defense against any other remedy that may be sought.

The decisions of a designated complaint and appeal panel of the Complaints, Appeals and Review Panel are final and binding upon all parties, subject only to review by a court of competent jurisdiction. Any party to the matter decided may bring an action under the Administrative Procedure Act to enforce the decision and this right includes the right of a prevailing party to bring an action against the losing party to enforce the decision notwithstanding any definitions in the Administrative Procedure Act.

127. Publication of Complaints and Appeals and Their Disposition

On receipt by the Commission of (a) a copy of a complaint timely filed with a Procuring or Concession Entity under subsection (2) of Section 125 of this Act, or (b) a request for decision or appeal timely filed under subsection (2) of Section 126 of this Act, the Commission shall promptly cause a notice of such filing to be published within two (2) business days of its receipt. The notice must identify the procurement or concession process with respect to which the claim is made, the complainant and the relevant Procuring or Concession Entity, and must set forth a short statement of the complainant’s claim.

The decision of a designated complaint and appeal panel of the Complaints, Appeals and Review Panel must be delivered to the parties and the Commission by electronic mail, facsimile or hand delivery as soon as it becomes available. The Commission also shall promptly place the decision on its website. Neither a complaint and appeal panel nor the Complaints, Appeals and Review Panel is authorized to release the decision to the public.

In addition, the Commission shall, through its website or otherwise, make available to the public a cumulative library of Complaints, Appeals and Review Panel decisions.

Suspension of Procurement Proceedings; Additional Regulations

Except in the case of emergency, if a Procuring or Concession Entity receives a proper complaint under Section 125 of this Act within ten (10) days or the earlier of (i) publication of a notice of the intent to award a contract for procurement subject to subsection (1) of Section 31 of this Act or (ii) publication of the notice of award as provided in Section 37 of this Act for awards over the relevant Thresholds establish by Regulations promulgated by the Commission (or if, on motion by the complainant, the Complaints, Appeals and Review Panel so orders), the relevant Entity shall immediately suspend the procurement or concession proceedings for thirty (30) days if:

the complaint:

Is not on its face frivolous,

Contains a declaration, supported by sworn assertions as to matters of fact, that on its face demonstrates that the bidder will suffer irreparable damage if the suspension is not granted, and

Sets forth a claim, supported by sworn assertions as to matters of fact, that on its face would demonstrate that the complainant has a substantial chance of obtaining relief under this Act when the matter is considered on the merits, and

the grant of the suspension will not cause disproportionate harm to the Government or other bidders.

The designated complaint and appeal panel of the Complaints, Appeals and Review Panel may, on motion by the complainant and after giving the relevant Entity an opportunity to be heard, suspend the proceedings for such additional period as is required for the resolution of the complaint in accordance with Sections 125 through 128 of this Act.

The Commission may adopt regulations covering the procedures for handling complaints not inconsistent with this Act and the laws regulating administrative procedures for the time being in force.

PART IX – GENERAL PROVISIONS

129. Code of Conduct

The Commission is authorized to compile and publish a code of conduct for the purposes of this Act consistent with the requirements of Sections 131 and 132, taking into account the National Code of Conduct.

Conduct of Procuring Entities, Public Officer s and Their Representatives

Any public officer involved in requisitioning, planning, preparing and conducting procurement or Concession proceedings and administering the implementation of contracts shall:

Discharge his or her duties impartially so as to ensure fair competitive access to public procurement by bidders;

Always act in the public interest and in accordance with the object and procedures set out in this Act;

At all times avoid conflict of interest and the appearance of conflicts of interest in carrying out his or her duties and, if a conflict of interest should arise, he or she shall immediately disclose the conflict and excuse himself or herself from any further involvement in the matter.

Not commit or abet Corrupt or Fraudulent Practices, coercion or collusion, including the solicitation or acceptance of any inducements;

Keep confidential the information that comes into his or her possession relating to procurement proceedings and to bids, including bidders’ proprietary information; and

Not take up a position of authority in any private concern with which he or she undertook procurement activities for a period of three (3) years after departure from the Procuring Entity.

Officers or employees of a Procuring Entity, a Concession Entity, the Inter- Ministerial Concessions Committee, a Concession Bid Evaluation Panel or their Close Relatives, shall not participate as bidders in the procurement or Concessions proceedings in which it is a participant.
A Procuring Entity or Concession Entity shall reject a bid if the bidder offers, gives or agrees to give an inducement and shall promptly notify the rejection to the bidder concerned, the Commission and the relevant law enforcement authorities.

A Procuring Entity or Concession Entity shall not award a contract to a bidder who is responsible for preparing the solicitation, specifications or related bidding documents for the contract or supervising the execution of a contract, or to any affiliate of such a bidder, but this subsection shall not apply to bidders who jointly or severally are complying with their obligations under a turnkey or design and build contract.

A public officer shall recuse himself or herself from any participation in a procurement or Concession proceeding where a bid has been submitted by a bidder who is a Close Relative of the public officer, or by a bidder by whom the public officer or the Close Relative is employed in a management capacity, or as an agent or in which he or she is member of the board of directors, or has a financial interest.

Any recusal under subsection (5) of this Section shall be effected immediately upon the public officer becoming aware of the submission of such a bid (and the requirement under subsection (5) of this Section shall extend to the administration and management of any procurement or Concession contract awarded to such a bidder).

All public officers and other persons involved in procurement or Concession awards shall, in accordance with this Act and other applicable legislation:

provide full cooperation and disclosure of their interest in any matter being considered by or on behalf of the Commission to the Commission, the Auditor-General and other authorities exercising monitoring and supervisory jurisdiction over public funds pursuant to the laws of Liberia; and

not later than sixty (60) days from assuming office and thirty (30) days after leaving office, make a declaration of their assets and liabilities in such form as the Commission may determine and the declaration shall be updated annually as well as whenever there is a substantial change in such assets and liabilities.

131. Conduct of Bidder s and Suppliers

A bidder or supplier shall at all times abide by their obligations under this Act, the regulations, contracts and other instruments applicable to their conduct and activities related to procurement or Concession processes.

A bidder or a supplier shall not engage in or abet Corrupt or Fraudulent Practices, including the offering or giving, directly or indirectly, of any inducement, the misrepresentation of facts in order to influence a procurement process or the execution of a contract, or interference in the ability of competing bidders to participate in procurement or Concession proceedings. Bidders shall not engage in any activity, prior to or after bid submission, designed to deprive the Procuring Entity or Concession Entity of the benefits of free and open competition, including but not restricted to collusion in bidding for opportunities, price fixing and coercive, Corrupt or Fraudulent Practices.

Bidders and suppliers who engage in coercive, Corrupt or Fraudulent Practices in connection with public procurement are subject to prosecution pursuant to this Act and other relevant legislation for the time being in force.

It shall be an offence under this Act for a private sector person who is involved in a prefeasibility study or subsequently involved as an expert in a procurement or Concession process to have any interest in any form in any bidder for that procurement or Concession process or to be associated with any such bidder (or to have any interest in any person that will supply material inputs to the successful bidder) or to use any data or information obtained for private gain or to disclose same to unauthorized persons.

132. Records

Written records shall be kept of the bid opening and the records shall include the following:

Minutes of the meeting including a list of all present and who shall be entitled to receive copies of the minutes of the bid opening; and

A form showing the submission or otherwise of the core requirements of request for proposals by the bidders including:

Technical and financial offers – separate envelopes,
Bid security as required, and

iii. Duly signed Form of Bid by a person authorized to sign or having a power of attorney thereof.

133. Regulations, Guidelines, Manuals and Detailed Instructions

The Commission may issue regulations consistent with this Act and explanatory instructions, guidelines and related documents consistent with this Act and the regulations issued pursuant thereto. Regulations of the Commission must be adopted and issued by the Commissioners. Instructions and guidelines may be adopted and issued by the Commissioners or by the Executive Director under authority delegated by the Commissioners. Regulations adopted by the Commissioners do not become effective until they have been submitted to the Cabinet for review and have either been approved by the Cabinet or have lain before the Cabinet for twenty-one (21) days without disapproval by the Cabinet.

Only the Commission is authorized to prepare and issue regulations in order to fulfill the objectives of this Act and to carry out the provisions of this Act, and any regulations of any other agency of the Government that contradict or are otherwise inconsistent with any of the provisions of this Act shall, to the extent of such contradiction or inconsistency, be void.

For the purposes of this Act, and in furtherance of this Section, the Commission may make regulations, guidelines and policies consistent with the requirements of this Act, including but not limited to:

Standard solicitations, bidding documents, contracts and other formats to be used on a mandatory basis by Procuring Entities;

The preparation and submission of bids;

The provision for the manner of publication of notices for procurement contract awards;

The Margin of Preference in the evaluation of bids;

The preparation and submission of applications to

prequalify for procurement contracts;

Detailed procedures for selection of consultants;

The procurement process where one Entity or a specially appointed agent is to procure items on behalf of another entity;

Amend by regulation the thresholds for procurement methods, notices and award of contracts in the manner provided in Section 139;

Sample formats of procurement plans; and

Any other matter connected with public procurement.

The Commission shall seek to provide standard bidding documents for each method of procurement permitted under this Act that is in common use.

Notwithstanding any other provision of this Act, if the Commission proposes to issue instructions, guidelines, regulations or related documents affecting the matters dealt with in Part VI of this Act, it must first obtain the prior approval of a committee comprised of the

ex officio members of each Inter-Ministerial Concessions Committee.

The Commissioners shall establish procedures for the publication of documents and information on the Commission’s website in a manner that makes them readily available to interested members of the public.

Modifications

Except in cases of extreme urgency, where there will be an aggregate increase in the original amount of any existing contract by more than ten (10) percent of the original contract price, a Procuring Entity shall request the appropriate approving authority for variation, extension or modification of contract as may be required.

Subject to subsections (3) and (4) of this Section, nothing in this Act shall derogate from an Entity’s right, considering the circumstances and with the prior approval of the Commission, to vary an existing contract which has commenced by the omission of part of the contract in order to save the country from further losses.

No variation or omission of an existing contract shall occur without the prior written approval of the Commission acting in consultation with the Minister of Finance and the sectoral Ministry.

The Commission and the Minister of Finance shall at all times base their decisions on the need to curtail losses which would otherwise be incurred if part or all of the remaining part of the contract is not omitted.

It shall be an offence under this Act for part of any contract to be varied by omission with a view towards awarding it to a person other than a person selected through a competitive bidding process for the omitted parts.

135. Request for Information by the Commission

Every Procuring Entity or Concession Entity shall provide the Commission in writing with such information as the Commission may require regarding the compliance with this Act of any procurement or Concession process engaged in by the Entity.

136. Statutory Audits

The Auditor-General shall conduct annual audits of the procurement and Concession activities of Entities and shall furnish copies of reports on the audits to the Commission.

The Auditor-General or an independent entity shall at the request of the Commission also carry out specific audits of the procurement or Concession activities of Entities and compliance by successful bidders with the procurement requirements of this Act and regulations made under this Act.

The statutory audit of procurement and Concession activities may be relied upon by the Commission to institute measures under Section 134 to improve the procurement or Concession process.

137. Offences Relating to Procurement

Any person who contravenes any provision of this Act commits an offence and a person convicted by a Court of a violation of this Act shall, upon summary conviction, be liable to imprisonment for a period not exceeding five (5) years and or a fine not exceeding One

Hundred Thousand United States Dollars (US$100,000.00). Violation of provisions of this Act may also constitute grounds for debarment.

In addition to other offences under this Act, the following shall constitute offences under this Act:

Entering or attempting to enter into a collusive agreement, whether enforceable or not, with any other bidder; and

Directly or indirectly influencing in any manner or attempting to influence in any manner the procurement or Concession process to obtain an unfair advantage in the award of a procurement contract or concession applicant.

The Commission may recommend for prosecution any person who in the view of the Commission has contravened in any material respect the provisions of this Act.

138. Review of Thresholds

Thresholds specified in regulations promulgated by the Commission may be amended from time to time. Regulations may establish different thresholds for different Procuring Entities based on their procurement requirements and experience.

139. Public Access

The Executive Director of the Commission shall ensure that administrative rulings of the Complaints, Appeals and Review Panel and directives of the Commission that in either case are of general application under this Act are promptly made available to the public.

140. Repeals and Amendments

By the enactment of this Act, the following laws and regulations are hereby repealed, amended or otherwise affected as set out in this Section.

(a) The following chapters of the Act adopting a new General Business Law are hereby repealed:

Chapter 2 – by the deletion of the following portion from subsection (2) of Section 2.1 of Chapter 2 of the Act Adopting A New General Business Law viz:

“… nor to any person who operates under a concession previously or hereafter granted by the Liberian Government to the extent that such concession permits monopolization of any field of trade, commerce, business or industry.”

Chapter 8 – Importation of Cement is hereby repealed in its entirety.

Chapter 80 of the Executive Law, Management and Disposals of Government Property is hereby repealed in its entirety.

The Guidelines of the Liberia National Bidding Committee for Selection of Construction Contractors and Consulting Engineers/Architectural Firms is hereby repealed in its entirety.

Articles IV (M), IV(N), IV(O), VI and X of the act creating the Liberia Rubber Development Authority are hereby repealed.

The Act to Reinforce the Powers of the National Bidding Committee created towards the development and upliftment of Liberian Construction Industry is hereby repealed in its entirety.

Section 52.2(e) of the Ministry of Rural Development Act is hereby repealed.

The following laws are hereby affected as follows:

Sub-Section 88.2(5) of the Act to Amend the Public Authorities Law to create the Liberia Water and Sewer Corporation in respect of the Corporation’s capacity to grant Concessions shall be exercised in accordance with the provisions of Part VI of this Act.

An Act Creating The National Investment Commission Repealing

The Act Of Legislature Creating The Liberian Development

Corporation, Transferring The Assets Of The Liberian Development Corporation To The National Investment Commission, And Transferring The Functions Of The Concession And The Investment Commission And The Secretariat Of The Said Commission To The National Investment Commission; Approved September 1979 is hereby affected by the deletion of all matters relating to Concessions from that Act except as permitted to be performed by the National Investment Commission under the provisions of Part VI of this Act.

The Mining Law is affected as follows:

Notwithstanding any provisions under the Mining Law, its interpretation, operation and application in respect of Concessions, including without limitation the award of licenses and the entering into of mineral development agreements, shall be subject to the provisions of Part VI of this Act.

The entitlement or eligibility to mineral rights under sections 4.1 and 4.2 of chapter 4 of the Mining Law, to the extent that it leads to the grant of a mining Concession, shall be subject to the provisions of Part VI of this Act except as otherwise expressly provided in this Act.

The powers granted the Minister responsible for Mines, Lands and Energy under sections 21.2 and 21.3 of chapter 21 of the Mining Law shall be subject to the provisions of this Act and shall only be exercised in consultation with the Commission and any regulation issued by the Minister referred to in the Mining Law in respect of Concessions shall, to the extent of any inconsistency with this Act, be void.

Any power granted any person, body or entity in respect of mining, exploration or the extraction of any natural resource shall be exercised in accordance with Part VI of this Act.

The Minerals Technical Committee provided for under Section 3.3 of the Mining Law shall play no role in the award of any Class A Mining License that constitutes the grant of a Concession under this

Act or that is issued in connection with a Mineral Development Agreement that is required to be negotiated in accordance with the requirements of Part VI of this Act.

Chapter 51 of the Executive Law: The General Services Agency, Sections 51.2(a), (b) and (c); 51.4, 51.5 and 51.6 are hereby affected by the deletion of all matters relating to the procurement, disposal and sales, supplies of assets and materials of Government agencies and institutions, subject to the provisions of this Act.

Chapter 27 of the Executive Law: Ministry of Public Works, Section 27.2 subsections (a), (b) and (c) are hereby affected subject to the provisions of this Act in respect of all matters relating to the procurement of goods, works and services.

Sections 4(f), (g) and (i) of the Act Creating the Forestry Development Authority is hereby affected subject to the provisions of this Act.

141. Transitional Provisions and Previous Acts

Notwithstanding the amendment and restatement of the original Act by this Act, any contract entered into by an Entity pursuant to the original Act shall be valid and continue to be in force as if it was made or done under this Act.

If a Procuring Entity has issued a solicitation for a procurement prior to the effective date of this Act, the procurement will continue to be governed by the original Act, except that the Procuring Entity shall comply with requirements in this Act rather than the original Act for any approvals or notices applicable to actions not yet completed when this Act becomes effective

If requests for expressions of interest for a Concession were issued prior to the effective date of this Act, the Concession process will continue to be governed by the original Act except that the Procuring Entity shall comply with requirements in this Act rather than the original Act for any approvals or notices applicable to actions not yet completed when this Act becomes effective.

Subsections (1) through (3) of the original Act remain in effect, with each reference to “this Act” therein being deemed a reference to the original Act.

Prior to the issuance of a new regulation on thresholds by the

Commission, the existing thresholds in force shall remain valid and continue to be enforced.

142. Coming into Force

This Act shall become effective when it has been passed by the Legislature, signed by the President and published in handbills.

Upon the coming into force of this Act, it shall supersede any other law, regulations, guidelines, directives and such other instruments guiding public procurement and Concessions, and any such law, regulations, guidelines or instrument of any form found to be inconsistent with any provision of this Act shall, to the extent of the inconsistency, be void.

2.2.2 INTERNAL AUDIT AGENCY ACT

PART I: Preliminary Provision

PART II: Existence and mandate

PART III: Objectives

PART IV: Functions of the Agency

Part V: structure of the agency, qualification, tenures, power, and functions of the Directors

PART VI: Establishment of the Internal Audit Functions

PART VII: Reporting

PART VIII: Financial Provisions

PART IX: Professional Conduct and Expectation of Auditors

PART X: Legislative Oversight

PART XI: Offences

PART XII: Transitional Provision

PART XIII: Effective Date

Part 1: Preliminary Provision Section 1:1: Title of the Act: This Act is titled the Internal Audit Agency Act, and may be cited to as the IAA Act

Section 1:2: Establishment: There is established an autonomous Agency of the Government of Liberia to be known and styled the Internal Audit Agency.

Section 1:3: Definitions: Except as otherwise provided in this Act, the following term shall have the meanings respectively ascribed to them in this section

“Agency” shall mean the Internal Audit Agency
“ARIC” shall mean Audit Recommendation Implementation Committee
“Deputy Director” shall mean the Deputy Chief Executive Officer of the Agency
Director—General” shall mean the Chief Executive Officer of the Agency.
“IAA* shall mean Internal Audit Agency.
“Ministry”‘ Shall mean Government Ministry

PART II: EXISTENCE AND MANDATE

Section 2.1; Existence. The IAA shall have perpetual existence.

Section 2.2. Mandate. The mandate of the IAA shall be the following:

Establish and direct internal audit functions within all branches of Government including the Executive, Legislative and Judiciary; and all public sector entities such as, public corporations, autonomous agencies, autonomous commissions, Government ministries and the Central Bank of Liberia.
Promulgate and ensure that common internal audit standards and systems in keeping with best practices are established and maintained.
Provide oversight, including managerial, administrative and supervisory expertise at each of the established audit functions within each entity listed in section 2.2(a).
Ensure that the ethics Of internal audit according to internationally accepted standards are strictly adhered to and followed. These shall be, but not limited to competence, integrity, confidentiality, and professionalism.

PART III: OBJECTIVE

Section 3.1. The objectives for the establishment of the IAA shall be the following:

TO manage the activities Of internal audit functions in all entities listed in section 2.2(a) to ensure a systematic and disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes.
To provide for such entities professional, objective, assurance and consulting activities designed to add value and improve their operations.
TO ensure coordination, harmonization and standardization of internal audit activities and facilitate internal audit functions for effective results.
To incorporate internal audit results into the priority-setting, planning, and decision. making processes of all ministries and agencies.

PART IV: FUNCTIONS OF THE AGENCY

Section 4.1. The functions of the IAA shall be the following and such others as shall be deemed necessary from time to time consistent with this Act of the Legislature.

To manage. direct. control, coordinate and set standards and procedures for the conduct of internal audit activities in Government. including Ministries, Agencies, Commissions, Public Corporations, Central Bank of Liberia and other Public Sector Autonomous Agencies.
Advise and/or provide assurance that financial, managerial, and operating information reported internally and externally is accurate.
Advise and/or provide assurance that financial and operational activities of Government are in compliance with laws, policies, plans, standards and procedures that are applicable.
Advise on, and/or provide assurance that established control and reporting systems on the management of national resources are adequate.
Advise and/or provide assurance that plans, goals, and objectives Of Government are achieved.
Advise and/or provide assurance that risks are adequately managed in Government.
Promote economy, efficiency and effectiveness in the administration of Government programs and operations.
Implement programs to uncover and prevent fraud.
Support the establishment of processes by which Government is fully and regularly informed about problems and deficiencies related to the administration of programs and operations and the necessity for appropriate corrective action.
inspect’ and evaluate the internal auditing of Government.
Perform all other duties in furtherance of the provisions of this Act and the mandate of the IAA, consistent with the laws of the Republic Of Liberia, principles, functions and ethics of internal auditing.

PART V: STRUCTURE OF THE AGENCY, QUALIFICATION, TENURE, POWERS AND FUNCTIONS OF THE DIRECTORS

Section 5.1. Director-General and Deputy Directors-General. The Agency shall be headed by

Director-General who shall be assisted by at least one, but not more than three Deputy Directors-General. The Director-General and Deputies shall be appointed by the President with the consent of the Senate. Where there is more than one Deputy, the Deputy DirectorGeneral for Internal Audit shall serve as principal Deputy to the Director-General. The Director-General and the Deputy Directors-General shall be recruited through a competitive process.

Section 5.2. Other Personnel. The Director-General shall determine, with the approval of the President. the remaining structure of the IAA and together with the Deputies, shall recruit on a competitive basis, personnel to fill in positions so approved. Recruitment of all division and section heads shall be done with the participation of the Civil Service Agency, and all nonpresidential appointees shall be subject to the rules of the Civil Service Agency.

Section 5.3. Qualifications.

Director-General. The Director-General shall be a professionally qualified accountant, and a member of a national accountancy body that is a member of the International Federation of Accountants (TAC).
Deputy Director-General. A Deputy Director-General shall be a qualified accountant with at least 10 years of accounting or auditing experience.
Other Personnel; The qualification requirements and description of the duties under all other positions shall be determined at the time the positions are created and shall constitute parts of the proposal of the structure of the IAA submitted to the President for approval.

Section 5.4. Tenure– The Director-General and Deputy Directors-General shall serve a tenure of four (4) years each and may be reappointed for not more than two additional terms,

Section 5.5. Removal. The Director-General and Deputy Directors-General shall be removed by the President for gross malfeasance in office, incapacity or incompetence. In the event of a vacancy in the position of the Director-General. the President shall appoint one of the deputies to act in the capacity of Director-General.

Section 5.6. Office of the Director-General.

The Director-General shall be the Chief Executive Officer of the Agency.
The Director-General shall not, while holding office, occupy any office or employment that is likely to conflict with the duties of the Director-General whether or not remuneration is attached to it.
Notwithstanding Section 5 .5Cb), the Director-General shall serve as a member of a body or entity appointed by the Government, to enquire into any matter affecting accountability management and governance.

Section 5.7. Functions, Powers and Independence of the Director-General.

In furtherance of Section 5.5 of this Act, the function, powers and independence of the Director-General are specified as follow:

Be responsible for the day-to-day management and administration of the IAA;
Prescribe regulations necessary for the effective implementation of this Act;
Secure the execution of the policies and programs of the IAA;
Make regular reports to the President of the Republic of Liberia on the management and operation of the Agency; and,
Provide data, statistics and advice necessary for the formulation Of policies for the attainment Of the objectives Of the IAA.

PART VI: ESTABLISHMENT OF INTERNAL AUDIT FUNCTIONS

Section 6.1.

1. To effectively and efficiently coordinate, supervise, control and monitor internal audits in Government, the IAA shall establish internal audit functions and/or bring under its mandate existing audit functions which shall constitute a part of the public sector entity concerned.
2. Constitutional bodies such as the Legislature, Executive, Judiciary. and the Elections, Civil Service and General Auditing Commissions shall be subject to the standards and procedures of the IAA and shall have internal audit functions.
The IAA shall appoint for each internal audit function personnel required to ensure an effective and efficient internal auditing of the public sector entity concerned.
1. An internal audit function established under this section shall, in accordance with this Act, promulgate Standards and Procedures provided by the IAA. and in consideration of the Government Public Sector Investment Plan (PSIP), carry out internal audits of the entity and shall submit reports on the internal audit it carries out to the Director-Gen era].
2. The internal audit function of an entity shall submit a Copy Of its internal audit report to its management body and such other persons to whom it is required to report.

The internal audit functions of autonomous bodies shall be subject to the IAA.

The IAA shall. upon examination of an internal audit report, take such action(s) as it considers appropriate including recommendation(s) for prosecution and disciplinary action in respect of any breaches found.

Section 6.2. Establishment and duties of Audit Recommendations Implementation

Committee (ARIC): There is hereby established an Audit Recommendations Implementation Committee (ARIC) Of public Sector bodies which shall be responsible for the implementation of the recommendations of the internal audit reports.

PART VII: REPORTING

Section 7.1. Reporting Structure, The IAA shall have a dual system of reporting as prescribed below:

Internal Reports.
The IAA shall submit audit reports of each entity it audits through the Internal Audit Function or the Agency itself to the head of that entity. as internal reporting for correction purposes.
In the case Of the Legislative Branch Of Government. such report shall be submitted to the Speaker Of the House of Representatives if it concerns Representatives; and if it concerns Senators, such report shall be submitted to the president Pro Tempore Of the Senate.
External/Consolidated Reports. The IAA shall submit periodic consolidated reports on each branch of the Government i n the following structure:
The Internal Audit Agency shall report all matters relating to audit of the Legislative Branch of Government to the President with copy to the Speaker

of the House of Representatives if it concerns Representatives; and copy to the President Pro Tempore of the Senate if it Concerns the House of Senate.

The Internal Audit Agency shall report all matters relating to audit of the Executive Branch of Government to the President of the Republic Of Liberia with oversight from the Legislature.

The Internal Audit Agency shall report all matters relating to audit-of the Judiciary Branch of Government to the President with copy to the Chief Justice of the Supreme Court of Liberia.

Section 7.2. Agency Report: The Director-General shall be answerable to the President of Liberia on matters relating to the administrative affairs of the Internal Audit Agency, and shall submit periodic consolidated reports to the President of Liberia

PART VIII: FINANCIAL PROVISIONS Section 8.1. Funding, Budgetary Appropriations and Disbursements

Funding shall be appropriated in the National Budget for the IAA as a separate autonomous Government agency for the discharge of its duties.
The Ministry of Finance or the Government agency responsible for the disbursement of Government funds shall disburse to the IAA its approved budgeted appropriation on a quarterly basis at the beginning of the quarter.
Additional sources of funding shall include grants and donations made to the IAA but at no time shall the 1M engage in borrowing or acquiring loans.

Section 8.2. Books of Account

The IAA shall keep proper books of accounts and other records in relation to accounts and audits in a form determined by the Comptroller and Accountant General.
The financial year of the IAA shall be the same as the financial year of the Government.
The IAA shall submit annual reports as prescribed by law to the President of the Republic of Liberia.

PART IX: PROFESSIONAL CONDUCT AND EXPECTATION OF AUDITORS

Section 9.1. General Professional Conduct: Internal Auditors operating by virtue of this Act shall exhibit the highest level of professionalism in gathering evaluating and communicating information When auditing and shall act only in areas for which they have the necessary knowledge, skills, experience and competence.

Section 9.2. Scope of Conduct and Expectation: The below shall constitute the professional conduct and expectations of Internal Audi tors.

The performance of internal audits in accordance with the International Standards for the Professional Practice of Internal Auditing, the International Professional Practices Framework and other standards. framework or guidance promulgated by the Institute of Internal Auditing and the standards, guidelines and Internal Audit Manuals issued by the Agency.

In the performance of their work, Internal Auditors shall make a balanced assessment of all issues of relevance to the work and shall not be influenced by their personal interest or interests of other persons. They shall perform their work with diligence and honesty.
Internal Auditors shall not knowingly be a party to any illegal activities or engage in acts that discredit the work of internal auditing or the Ministry, Agency, Commission, Public Corporation, the Central Bank of Liberia or other Public Sector Autonomous Agencies.

Internal Auditors shall make disclosures required by law and by the standards and procedures established under-section 4.1 (a) of Part 4 of this Act.
Internal Auditors shall not participate in any activity or relationship that may impair or is likely to impair unbiased assessment, including an activity or a relationship that may be in conflict with the interests or the client Ministry, Agency, Commission, Public Corporation, the Central Bank of Liberia and other public Sector Autonomous Agencies.

Internal Auditors shall not accept anything or any favor that shall impair and taken to affect their professional judgment and shall disclose all material facts known to them, the non-disclosure of which may distort any reporting activity.

Internal Auditors shall respect the value and ownership of information they receive and shall not disclose information without authority unless there is a legal or professional obligation to do so.

h, Internal Auditors shall be prudent in the use and protection of information acquired in the course of their duties.

Internal Auditors shall not use information for any personal gain or in any manner that shall be contrary to this Act or detrimental to the legitimate and ethical objectives of the IAA, Ministry, Commission. Public Corporation, the Central Bank of Liberia, and other Public Sector Autonomous Agency they audit.

Section 9.3. Immunity for Internal Auditors

In furtherance of ensuring the independence and professionalism of the IAA, the DirectorGeneral. Deputies and Internal Auditors shall not be prosecuted, or be subject to any reprimand or penalty for opinions, recommendations and other acts done pursuant to their official duties consistent with the provisions of this Act.

PART X: LEGISLATIVE OVERSIGHT

The Internal Audit Agency shall be subject to Legislative oversight as provided in this Act and such oversight shall include review of the IAA periodic audit report.

PART XI: OFFENCES

Section 11.1. Offences shall constitute the below under this Act and anyone or employee found to breach any provisions of this Act shall be guilty of committing an offence; and for the purpose of this Section, the Director-General shall include any officer acting under the instruction of the Director-General.

Anyone Who gives the Director-General any information or explanation which the person knows to be false or which the person has no reason to believe to be true Contrary to section 9.2(g).
Anyone who fails to produce for inspection by the Director-General Or otherwise fails to produce for inspection by the Director-General access to any books, records or office when requested by him/her contrary to section 9.2(g).
Anyone who willfully suppresses any information required by the Director-General; or obstructs the Director-General in any way in the performance of functions under this Act.
Any Internal Auditor who acts in breach of any of the provisions of section 9.2 shall be subject to such action(s) as the Director-General shall recommend including criminal prosecution,
Any member of staff or employee of the IAA who demands or takes bribe. gratuity, recompense or reward for the neglect, omission, commission or performance of duty.
Any member of staff or employee of the IAA who willfully fails to report to the Director-General any abuse or irregularity that comes to the notice of the person in the course Of the performance Of duties.
Any member of staff or employee of the IAA who makes any report to the DirectorGeneral which the person knows to be false or which the person has no reason to believe to be true.

PART XII: TRANSITIONAL PROVISIONS

Section 12.1. Existing Internal Audit Officers. Internal Audit officers and all public officers at the Secretariat, or performing internal audit work in any Ministry, Agency, Commission, Public Corporation, the Central Bank Of Liberia and Other public Sector Autonomous Agencies immediately before the coming into force of this Act, shall, upon the coming into force of this Act, be deemed to constitute the public officers of the Agency, or members of the internal audit unit of the Ministry, Agency, Commission, Public Corporation, the Central Bank of Liberia and other Public Sector Autonomous Agencies for the purpose of this Act.

Section 12.2. Public Officers. Public officers performing internal audit duties in a Ministry, Agency, Commission, Public Corporation, the Central Bank of Liberia and other Public Sector Autonomous Agencies on the date of the coming into force of this Act shall be reassigned to such internal auditing units as the appointing authority shall determine.

2.2.3 GENERAL AUDITING COMMISSION ACT

PART I. INTRODUCTION

PART II. AUDITOR GENERAL AND DEPUTY AUDITOR GENERAL

PART III. THE GENERAL AUDITING COMMISSION

PART IV- AUDIT REPORTING

PART V. OTHER AUDIT RELATED MATTERS

PART· VI. OTHER MATTERS

“AN ACT TO REPEAL CHAPTER 53 OF THE EXECUTIVE LAW OF 1972 AND

ALL AMENDMENTS”

THERETO, REPLACING THEREUNDER THE DUTIES, FUNCTIONS AND

RESPONSIBILITIES OF THE AUDITOR GENERAL AND THE GENERAL AUDITING COMMISSION”

PART 1. INTRODUCTION

Section 1.1 Short title

This Act may be cited as the General Auditing Commission Act

Section 1.2 Objective of this Act

The objective of this Act is to strengthen the Legislature’s oversight of the Government regarding management of public resources. This objective is served by having the General Auditing Commission carry out independent audits, of all types, Of the Government and reporting its audit results to the Legislature with copies to the President.

Section 1.3 Auditor General as Head

The General Auditing Commission shall be headed by an Auditor General who shall support the Legislature to hold the Government accountable for! the use of public resources.

Section 1.4 Separate employer

The General Auditing Commission is autonomous and shall be a separate employer, not part of the Civil Service.

Section 1.5 Head office

The General Auditing Commission shall have its Head Office in the Capital City of Liberia or within the environs of the city and may, where warranted, establish branches in other parts of Liberia.

Section 1.6 Definitions: In this Act,

“Audit” means an independent, systematic process carried out by qualified professionals that add credibility to information usually prepared by others;

“Audited entity” means an organization, Central Bank of Liberia, banks with state equity, program, activity or function subject to audit by the General Auditing Commission;

“Audit evidence” means information that forms the foundation which supports the auditor’s opinion, conclusions, or reports which is competent; sufficient, appropriate, relevant and reasonable;

“Audit objective” means a precise statement of what the audit intends to accomplish and/or the question that the audit will answer;

“Audit standards” means standards that provide minimum guidance for the auditor that helps determine the extent of audit steps and procedures it hat should be applied to fulfill the audit objective. They are the criteria or yardsticks against which the qualities of audit results are evaluated;

“Auditor General” means the Auditor General of the Republic of Liberia, appointed as head of the General Auditing Commission as established under Article 89.(c )of the Constitution.

“President” means the President of the Republic of Liberia;

“Public accounts” means all of the documents and records pertaining to public and trust monies received as defined in Section 4 of the Public Management Financial Act of 2009; “Supreme Audit Institution” means the institution (however designated, constituted or organized) that exercises the highest public sector auditing function of the country;

“Types of audits” means audits that are generally described as consisting of the following two main classifications:

Regularity or Statutory audit A financial audit of the financial reporting or budgetary reporting of the audited entity includingcompliance audit elements. In a regularity audit, the audit report contains the auditor’s opinion and/or conclusion; and
Performance audit. An audit of the economy, efficiency and effectiveness with which the audited entity uses resources in carrying out its responsibilities, (including Information Technology audits, Environment audits and Compliance audits and others).

PART II. AUDITOR GENERAL AND DEPUTY AUDITOR GENERAL

2.1 AUDITOR GENERAL

Section 2.1.1 Independent selection and appointment process

(a) The Auditor General shall be selected and appointed through the following independent and transparent processes:

Six (6) months prior to the expiration of the incumbent Auditor General’s term of office, an ad-hoc committee shall be established by the President for the purpose of identifying suitable candidates for the position of Auditor General.
Membership of this ad hoc committee shall include the incumbent Auditor General or Acting Auditor General, Senior Representatives of the Civil Service Commission, Anti-Corruption Commission, the Liberian Institute of Certified Public Accountants (LICPA), the Governance Commission and Civil Society in Good Standing.

A thorough search shall be carried out to identify qualified and suitable candidates.

Of the qualified candidates identified, the ad hoc committee shall identify the top three candidates and shall present the names and backgrounds of the three to the President.
Should the President not select one of the three. presented candidates, with reasons provided, the above process shall be repeated until a suitable candidate is selected and appointed by the President, after confirmation by the Senate.

Section 2.1-2 Qualifications for Selection and Appointment A person shall be appointed as Auditor General only if: I. the person is a Liberian citizen;

the person possesses at least one professional certification such as a CPA, CA, or ACCA from a recognized professional accountancy body;

the person possesses at least a Bachelor degree in accounting, audit, business, finance or a related field;

the person possesses a minimum of fifteen (15) years pf relevant work experience, including an understanding of the role of a Supreme Audit Institution; and
the person is of a high moral character, with integrity and impartiality, and who has neither been convicted of any criminal offence nor judgement or been declared bankrupt, in any jurisdiction

Section 2.1.3 Duties

The Auditor General shall be the auditor of the public accounts and public funds of the Republic of Liberia. Subject to sub-section (b) below, the Auditor General shall carry out such audits and inquiries as he/she considers necessary of public entities and funds owned or controlled by the Government to enable reporting as required by this Act.
Notwithstanding the generality of sub-section (a) of this Section:
1. the Auditor General shall carry out the annual audit of the Government’s annual consolidated financial statements; and
2. the scope of audits by the Auditor General for the Judiciary Branch of Government shall exclude matters relating to court decisions and for the Legislative Branch of Government shall exclude matters relating to the merits of legislation.

The Auditor General shall have the right to determine which audits are to be carried out, toselect the type of audit to be carried out, when to parry them out and report the findings.

In the performance of his/her operational duties as set out in sub-section (c) above, theAuditor General shall not be subject to the direction or control of any person or authority.

The Auditor General and the staff of the General Auditing Commission shall carry out audits, but shall not be involved, or seen to be involved, in any manner, in management’s responsibilities of the organizations being audited.

Section 2.1.4 Remuneration

The Auditor General shall be paid a remuneration package that commensurate with equivalent regional Heads of Supreme Audit Institutions, as determined through an independent and transparent salaries and remuneration vetting process.

Section 2.1.5 Terms of Office

The Auditor General shall hold office for a term of seven (7) years adds shall not be eligible for reappointment.

Section 2.1-6 Conditions of employment

The Auditor General shall hold office on a full-time basis. He/she shall not, while holding office as Auditor General:

hold a political office in the Republic, or elsewhere; or
have any other paid employment in the Republic, or else Where.

Section 2.1.7 Oath of office

The Auditor General shall subscribe to a solemn oath of office before the President of the Republic of Liberia.

Section 2.1.8 Functions and powers of the Auditor General

The Auditor General shall develop a strategic plan for performing his/her functions asset out in this Act.

A copy of the strategic plan in (a) above shall be provided to the appropriate committees of the Legislature for information.

The Auditor General shall have the right to appoint staff, following a competitive process, and to dismiss, for cause, any member of the; staff of the General Auditing Commission and is responsible for setting the: terms and conditions of service, subject to the protection provisions of the Labor Law. The classification and remuneration of staff shall be broadly in line with those of other Supreme Audit Institutions within the region but sufficient to recruit, retain and motivate staff.

The Auditor General shall have the right to delegate activities to members of his staff as he/she sees fit. In particular, the Auditor General shall authorize staff, or contracted experts, to conduct audits of all types.

The Auditor General shall take steps to strengthen the professionalism of the staff of the General Auditing Commission through ensuring that:
1. staff receive appropriate training to carry out their responsibilities;

proper audit methodology is developed, such as manuals and guides, to assist the staff in carrying out their responsibilities;

audit standards are adopted and implemented that are consistent with international best audit practices, as represented by those promulgated by the International Organization of Supreme Audit Institutions (INTOSAI);

a Code of Conduct is prepared and steps taken to ensure that the Code of

Conduct is followed by all staff; and

appropriate quality assurance activities are carried out regularly as a means to assess and improve the quality of audits being conducted.

The Auditor General shall set out policies and practices regarding Which items of significance are to be followed-up, and the timing and extent of such follow up work, to assess whether or not previously reported audit items have been adequately addressed by the auditee.
The Auditor General shall represent the Republic of Liberia in the International Organization of Supreme Audit Institutions (INTOSAI), the African Organization of Supreme Audit Institutions (AFROSAI) and any other regional or national institutions dealing with matters of transparency and accountability in government(s), public financial management, and public sector audit.
The Auditor General shall perform any other functions as required under this Act.

Section 2.1.9 Annual report of the Auditor General

(a) The Auditor General shall, for each financial year, produce an annual report on the performance of his/her functions during the financial year. This annual report shall also include statements as to whether he/she:

has received all of the information and explanations required to carry out audits; and

(ii) has been provided sufficient resources to fulfill the requirements of this Act.

(b) The annual report of the Auditor General shall also include information such as:

the organizational structure of the General Auditing Commission andchanges thereto during the preceding year;
developments regarding staffing and information technology; (iii)performance of the General Auditing Commission against budget andstrategic and operational plans;
the audited annual financial statements of the General AuditingCommission; and
Audits executed on behalf of donor agencies and fees derived there from.

The annual report shall include, in a summary manner, those instances arising from audits that were brought to the attention of the Anti-Corruption Commission, the Ministry of Justice, or other appropriate body, along with any follow-up work on them carried out by the General Auditing Commission.

The annual report shall call attention to any matter that he/she considers to be significant and of a nature that should be brought to the attention of the Legislature, including cases where he/she has observed that:
- accounts have not been faithfully or properly maintained;
- public money has not been fully accounted for,
- public assets have not been properly safeguarded;
- money has been expended other than for the purpose for which it wasapproved by the Legislature;
- money has been expended without due regard to economy or efficiency; and
- satisfactory procedures have not been established to measure and reportthe effectiveness of government programs.

(e) The annual report of the Auditor General shall be tabled with the Legislature, with copy to the President.

Section 2.1.10 Contracting assistance

The Auditor General shall have the right, within the approved budget of the General Auditing Commission, to independently contract experts from outside the General Auditing Commission to assist in the conduct of audits in cases where:

the needed skills are not available within the General Auditing Commission; or
the staff of the General Auditing Commission during peak periods are already fully assigned and extra assistance is required.

Section 2.1.11 Interaction with the media and the public

General Auditing Commission staff shall not speak in public or with’ the media about matters relating to the General Auditing Commission without approval of the Auditor General.

Section 2.1.12 Cessation and removal

The Auditor General ceases to be the Auditor General:
- upon his/her incapacity to perform his/her duties;
- when his/her term of office expires; or
- if he/she resigns by giving at least three (3) months written notice to theappropriate authority of the Legislature and to the President.

The Auditor General may be removed from office by the President in consultation

with the Legislature, consistent with due process, only for cause, malfeasance, gross breach of duty, acts of impropriety or failure to carry out his/her duties and functions.

2.2 Deputy Auditors General

Section 2.2.1 Selection and appointment of Deputy Auditor General

The President, following the same process as for the selection and appointment of the Auditor General, shall appoint at least three Deputies for the General Auditing Commission.

Section 22.2 Qualification for Selection and Appointment

A person shall be appointed as a Deputy of the General Auditing Commission only if:

the person is a Liberian citizen;

The person possesses at least one professional certificate such as a CPA, CA, or ACCA from a recognized professional accountancy body;
The person possesses at least a Bachelor degree in accounting, finance, audit or a related field;
The person possesses a minimum of ten years (10) years of relevant work experience, including an understanding of the role of a Supreme Audit Institution, and the position is open into qualified employees of the General Auditing Commission; and
The person is of a high moral character, with integrity and impartiality, and who has neither been convicted of any criminal offence nor Judgement or been declared bankrupt in any jurisdiction.

Section 2.2.3 Terms of Office

A Deputy Auditor General shall hold office for a term of five (5) years and shall be eligible for reappointment for only one additional term.

Section 2.2.4 Conditions of employment

A Deputy Auditor General holds office on a full-time basis. He/she shall not, while holding office as Deputy Auditor General: hold a political office in the Republic, or elsewhere; or have any other paid employment in the Republic, or elsewhere. Section 2.2.5 Oath of office

A Deputy Auditor General shall subscribe to a solemn oath of office} before the President of the Republic of Liberia.

Section 2.1.8 Functions and powers of the Auditor General

The Auditor General shall develop a strategic plan for performing his/her functions as set out in this Act.
A copy of the strategic plan in above shall be provided to the appropriate committees of the Legislature for information.
The Auditor General shall have the right to appoint staff, following a competitive process, and to dismiss, for cause, any member of the; staff of the General Auditing Commission and is responsible for setting the: terms and conditions of service, subject to the protection provisions of the Labor Law. The classification and remuneration of staff shall be broadly in line with those of other Supreme Audit Institutions within the region but sufficient to recruit, retain and motivate staff.
The Auditor General shall have the right to delegate activities to members of his staff as he/she sees fit. In particular, the Auditor General shall authorize staff, or contracted experts, to conduct audits of all types.
The Auditor General shall take steps to strengthen the professionalism of the staff of the General Auditing Commission through ensuring that:
1. staff receive appropriate training to carry out their responsibilities;
2. proper audit methodology is developed, such as manuals and guides, to assist the staff in carrying out their responsibilities;

audit standards are adopted and implemented that arq consistent with international best audit practices, as represented by those promulgated by the International Organization of Supreme Audit Institutions (INTOSAI);

a Code of Conduct is prepared and steps taken to ensure that the Code of Conduct is followed by all staff; and
appropriate quality assurance activities are carried out regularly as a means to assess and improve the quality of audits being conducted.

The Auditor General shall set out policies and practices regarding Which items of significance are to be followed-up, and the timing and extent of such follow-up work, to assess whether or not previously reported audit items have been adequately addressed by the auditee.
The Auditor General shall represent the Republic of Liberia in the International Organization of Supreme Audit Institutions (INTOSAI), the African Organization of Supreme Audit Institutions (AFROSAI) and any other regional or national institutions dealing with matters of transparency and accountability in government(s), public financial management, and public sector audit.
The Auditor General shall perform any other functions as required under this Act. i)

Section 2.1.9 Annual report of the Auditor General

The Auditor General shall, for each financial year, produce an annual report on the performance of his/her functions during the financial year. This annual report shall also include statements as to whether he/she:
1. has received all of the information and explanations required to carry out audits; and
2. has been provided sufficient resources to fulfill the requirements of this Act.
The annual report of the Auditor General shall also include information suchas:
1. the organizational structure of the General Auditing Commission and changes thereto during the preceding year;
2. regarding staffing and information technology;

performance of the General Auditing Commission against budget and strategic and operational plans;

the audited annual financial statements of the General Auditing Commission; and
Audits executed on behalf of donor agencies and fees derived there from.

The annual report shall include, in a summary manner, those instances arising from audits that were brought to the attention of the Anti-Corruption Commission, the Ministry of Justice, or other appropriate body, along with any follow-up work on them carried out by the General Auditing Commission.
The annual report shall call attention to any matter that he/she considers to be significant and of a nature that should be brought to the attention of the Legislature, including cases where he/she has observed that:
1. accounts have not been faithfully or properly maintained
2. public money has not been fully accounted for,

public assets have not been properly safe guarded;

money has been expended other than for the purpose for which it was approved by the Legislature;
money has been expended without due regard to economy or efficiency; and
satisfactory procedures have not been established to measure and report the effectiveness of government

The annual report of the Auditor General shall be tabled with the Legislature, with copy to the President.

Section 2.1.10 Contracting assistance

the needed skills are not available within the General Auditing Commission; or
the staff of the General Auditing Commission during peak periods are already fully assigned and extra assistance is required.

Section 2.1.11 Interaction with the media and the public

General Auditing Commission staff shall not speak in public or with’ the media about matters relating to the General Auditing Commission without approval of the Auditor General.

Section 2.1.12 Cessation and removal

The Auditor General ceases to be the Auditor General:

upon his/her incapacity to perform his/her duties;

when his/her term of office expires; or
if he/she resigns by giving at least three (3) months written notice to the appropriate authority of the Legislature and to the President.
The Auditor General may be removed from office by the President in consultation with the Legislature, consistent with due process, only for cause, malfeasance, gross breach of duty, acts of impropriety or failure to carry out his/her duties and functions.

2.2 Deputy Auditors General

Section 2.2.1 Selection and appointment of Deputy Auditor General

The President, following the same process as for the selection and appointment of the Auditor General, shall appoint at least three Deputies for the General Auditing Commission.

Section 22.2 Qualification for Selection and Appointment

A person shall be appointed as a Deputy of the General Auditing Commission only if:

the person is a Liberian citizen;
the person possesses at least one professional certificate such as a CPA, CA, or ACCA from a recognized professional accountancy body; iii.the person possesses at least a Bachelor degree in accounting, finance, audit or a related field;
the person possesses a minimum of ten years (10) years of relevant work experience, including an understanding of the role of a Supreme Audit Institution, and the position is open into qualified employees of the General Auditing Commission; and
the person is of a high moral character, with integrity and impartiality, and who has neither been convicted of any criminal offence nor Judgement or been declared bankrupt in any jurisdiction

Section 2.2.3 Terms of Office

A Deputy Auditor General shall hold office for a term of five (5) years and shall be eligible for reappointment for only one additional term.

Section 2.2.4 Conditions of employment

A Deputy Auditor General holds office on a full-time basis. He/she shall not, while holding office as Deputy Auditor General: hold political office in the Republic, or elsewhere; or have any other paid employment in the Republic, or elsewhere.

Section 2.2.5 Oath of office

A Deputy Auditor General shall subscribe to a solemn oath of office} before the President of the Republic of Liberia.

Section 2.2.6 Cessation and removal

A Deputy Auditor General ceases to be Deputy Auditor General:
1. upon his/her incapacity to perform his/her duties;
2. when his/her term of office is not renewed; or

if he/she resigns by giving at least three (3) months written notice to the appropriate authority of the Legislature and to the President.

A Deputy Auditor General may be removed from office by the President, in consultation of the Legislative, consistent with due process, only, for cause, malfeasance, gross breach of duty, acts of impropriety or failure to carry out his/her duties and functions.
Should a Deputy Auditor General become incapacitated and unable to perform his/her responsibilities, the President, shall appoint a replacement Deputy following competitive recruited process.

PART III. THE GENERAL AUDITING COMMISSION

Section 3.1 Supreme Audit Institution

The General Auditing Commission is the Supreme Audit Institution of the Republic of Liberia.

Section 3.2 Autonomous Public Commission

(a) The General Auditing Commission is an Autonomous Public Commission and shall have the right to:

be an independent employer,
acquire, hold and dispose of movable and immovable property;

sue and be sued; and iv.do all acts and things an independent body may lawfully do;

be financially autonomous.

It may establish a separate bank account and
It shall keep proper records and books of account.

Section 3.3 Fiscal year

The fiscal year of the General Auditing Commission shall be the same as the Government of Liberia as approved by the Legislature.

Section 3.4 Funding of the General Auditing Commission

The Auditor General shall submit the annual budget of the General Auditing Commission directly to the Legislature for review and approval, with a copy provided to the Minister of Finance for information. The annual budget of the General Auditing Commission shall be a charge upon the Consolidated Fund.
The annual budget of the General Auditing Commission shall include its operational plan for the forthcoming year, as set out in its strategic plan under sub-section 2.9 (a), including the setting out of:
1. the entities that are to be audited directly by the General Auditing Commission and the entities that the General Auditing Commission decides to contract with private sector auditors to carry out audits on its behalf;
2. the audits planned to be carried out on behalf of international aid agencies, if any;

the time schedule for when the audits will be carried dut, using a risk-based approach;

the type of audit to be carried out for each entity; and
the extent of planned audit coverage each year.

Requirements for funding of the General Auditing Commission Shall be set out to the Minister of Finance for half of the budget to be released to the General Auditing Commission immediately after a week of the passage of the Fiscal Budget, with the balance to be released within a week after the first six (6) months.
Uncommitted balances at the end of the fiscal period will be returned to the Consolidated Fund

Section 3.5 Charging fees

The Auditor General may charge fees for the conduct of audits undertaken on behalf of international aid agencies, unanticipated audit requests, State Owned Enterprise Funds and autonomous commissions that are not funded directly from the State budget and such amounts shall be remitted to the consolidated fund net of audit costs.

Section 3.6 Financial statements and independent financial audit

The General Auditing Commission shall prepare its annual financial statements, for each year, within three months of the end of its fiscal year.
The annual financial statements of the General Auditing Commission shall be audited on an annual basis by independent auditors appointed by the Legislature.

The independent audit report, under (b) above, shall be submitted by the independent auditors to the Legislature within two (2) months after receiving the unaudited from the General Auditing Commission.
A copy of the independent audit report shall be provided by the independent auditors to the General Auditing Commission.
Remuneration of the independent auditors appointed under this section shall represent a charge to the funds of the General Auditing Commission

Section 3.7 Periodic peer review

Periodically, but at least once every two (2) years, the General Auditing Commission shall undertake to have a peer review carried out of its performance in relationship to its statutory responsibilities. The Peer Review shall be carried out by another Supreme Audit Institution or a regional body of the International Organization of Supreme Audit Institutions (INTOSAI).
The ‘cost of the periodic Peer Review, under this section, shall represent a charge to the approved budget of the General Auditing Commission.
In the annual report to the Legislature, which follows the receipt of the Peer Review Report, the Auditor General shall identify actions planned io be taken to address issues raised in the Peer Review Report.

Section 3.8 Legal protection

In the official discharge of the duties and functions of the General Auditing Commission consistent with this Act, the Auditor General, and the Staff of the General Auditing Commission, shall be immune from prosecution, or subject to trial, as a result of the audit opinions, expressed or written, except tor cases of gross negligence, treason, felony, or breach of peace. In the official discharge of the duties and functions of the General Auditing Commission consistent with this Act, the Auditor General, and the Staff of the General Auditing Commission, shall be immune from prosecution, or subject to trial, as a result of the audit opinions, expressed or written, except tor cases of gross negligence, treason, felony, or breach of peace.

PART IV. AUDIT REPORTING

Draft audit reports

The General Auditing Commission shall provide the senior management of the audited organization a copy of its draft audit report
Senior management of the audited organizations shall provide written response on, including its proposed actions to address reported weaknesses in, the draft audit reports of the General Auditing Commission within two weeks, or otherwise agreed, period from receiving such reports.
In finalizing its audit reports, the General Auditing Commission shall give due consideration to the written response and points of view of the audited organizations on its draft audit reports.

Section 4.2 Final audit reports

For those State-owned enterprises audited by the Auditor General, the audit opinion on the annual financial statements shall accompany the enterprises’ annual financial statements in their annual reports.
The General Auditing Commission shall submit audit reports, individually or in groups, to the Legislature with copies to the President of the Republic of Liberia periodically throughout the year as it deems appropriate. They shall contain audit reports, or executive summaries of them, that were completed since the previous submission. These reports may include recommendations, where warranted, as well as any other matters that are appropriate to bring to the attention of the Legislature.
The audit report including the opinion of the Auditor General on the Government’s consolidated financial statements shall be submitted to the Legislature no later than three months after receiving the unaudited financial statements from the authorized Minister of the Executive Branch.
Audit reports to the Legislature shall not include information that, in the opinion of the Auditor General or staff of the General Auditing Commission, could:
prejudice the international relations, national interests or security of the Republic; ii.have a serious adverse effect on a person’s commercial interests by revealing the person’s industrial or trade secrets;
- prejudice the investigation of a contravention or alleged contravention of the law; or

prejudice the fair trial of a person.

In all situations set out in (d) above, a separate report addressed to the appropriate committee of the Legislature, or elsewhere, shall be made, setting out the exceptions noted and the remedial action(s) required.
Immediately upon audit reports being submitted and received by the Legislature with copies to the President of the Republic of Liberia. they shall be made public by the Auditor General by including. them on the Web site of the General Auditing Commission.
In fulfilling its oversight responsibilities, the Legislature, upon receipt of the audit reports, shall discuss and debate matters of public interest Contained in the audit reports with the appropriate public officials in the presence of the Auditor General or his/her representatives.

PART v. OTHER AUDIT RELATED MATTER

Section 5.1 Audit standards

Audits of all types carried out by the General Auditing Commission shall be properly planned, conducted, and reported in accordance with international audit standards and best practices.

Section 5.2 Right of access

The Auditor General, and the staff of the General Auditing Commission, shall have the right to full and unrestricted access to information from entities being audited within a reasonable period of time that is required to fulfill the responsibilities under this Act Staff of the audited entities shall provide the required information and explanations to the staff of the General Auditing Commission
Staff of the General Auditing Commission shall have the right of access during normal working hours to the premises of audited entities.

Section 5.3 Confidentiality

The Auditor General, and the staff of the General Auditing Commission, shall treat all information about audits with confidentiality and disclosure is prohibited unless authorized by the Auditor General.
Audit evidence gathered during the course of audits shall be properly protected and kept secure.
Audit information held by the General Auditing Commission is confidential and, . therefore, shall not be available to any person outside the General Auditing Commission unless authorized by the Auditor General.

Section 5.4 Conflicts of interest

The Auditor General, and the staff of the General Auditing Commission, shall in all circumstances avoid situations where there may be a real, or: perceived, conflict of interest.

Section 5.5 Outside requests for audits or other work

Generally, requests from outside the General Auditing Commission to the Auditor General to carry out audits or other work shall not be accepted, except that in circumstances that members of the Legislature or the President should make a formal request to the Auditor General to carry out an audit or perform other work, the Auditor General shall consider such a formal request to assess whether it is within the legal mandate of the General Auditing Commission, and if it could be carried out using resources within the approved budget of the General Auditing Commission.
If the work is outside the mandate, the request shall be declined and, where appropriate, referred to another Government agency.
If existing resources are insufficient to carry out this requested work, the request shall be accepted only if extra funding is provided to the General Auditing Commission to carry it out.

Section 5.6 Engagement letter

Prior to the commencement of an audit, the Auditor General, or his delegated representatives, shall inform the officials of the audited entity through an ‘engagement letter about the:

type of audit to be undertaken;
audit objective(s);

staff involved; iv.timing and expected duration of the audit; and

any other pertinent information.

Section 5.7 Relationship with the audited entities

The Auditor General, and staff of the General Auditing Commission, throughout the conduct of their audits, shall treat the officials and staff of the audited entities in a respectful manner.
The officials and staff of the audited entities shall facilitate the ‘conduct of audits, and treat staff of the General Auditing Commission with respect and in a constructive and professional manner.
Management of the audited entities, upon learning that audits be taking place, will facilitate the audits by identifying the persons within the audited entities who will be the contact persons for communications between the General Auditing Commission and the audited entities.
The audited entities shall provide workplaces for the staff of the General Auditing Commission suitable for carrying out audit work.

Section 5.8 Suspicious matters

If, during the conduct of any type of audit, an authorized audit staff identifies; matters of a suspicious nature in terms of potential fraud or corruption outside the scope of the audit, such matters shall without delay be brought to the attention of the Auditor General. The Auditor General shall decide if any further work should be carried out by the General Auditing Commission prior to referring the matter to the management of the audited entity. Where appropriate, the matter shall be turned over to the proper authorities, including the AntiCorruption Commission or the Ministry of Justice.

Section 5.9 Reliance on other auditors or consultants

In conducting audit work, the Auditor General, and the staff of the General Auditing Commission, may rely on the work of other auditors, auditors or consultants, in cases where such reliance is justified.

PART VI. OTHER MATTERS

Section 6.1 Effective date

This Act shall take effect immediately upon publication in handbills.

Section 6.2 Repeals and amendments

This Act Repeals Chapter 53 of the Executive Law of 1972 and all amendments and regulations thereto, replacing thereunder the duties, functions and responsibilities of the Auditor General and the General Auditing Commission.
Notwithstanding the repeal under subsection (a) above, any instrument made, directives given or appointments made under the repealed enactment and in force immediately before the date of the coming into force of this Act shall continue in force as if made or given under this Act.

Section 6.3 Penalties and fines

Penalties and fines may be imposed upon those persons or entities that obstruct the conduct of audits carried out by the General Auditing Commission in such cases as:
1. withholding essential information or providing false or’ misleading information;
2. denying or delaying required access;

disclosing confidential audit information;

unnecessarily delaying the conduct of the audit, or their finalization of audit reports; and
treating audit staff inappropriately.

The infringement of any provision of this Act is subject to sanctions as specified in the relevant and applicable administrative procedures or civil and criminal legislation.

Section 6.4 Regulations

The Auditor General may set out Regulations consistent with this Act for approval of the Legislature.

Section 6.5: Conflict with others Legislation

Notwithstanding, any Law to the contrary, the provision of this law shall prevail

2.2.4 LIBERIA EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE (LEITI) ACT OF

Section 1.0 PRELIMINARIES

Section 2.0. ESTABLISHMENT OF THE LIBERIA EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE (LEITI)

Section 3.0. OBJECTIVES OF LEITI

Section 4.0. FUNCTIONS/MANDATE OF THE LEITI

Section 5.0. SCOPE/FOCUS OF THE LEITI

Section 6.0. MANAGEMENT

Section 7.0. REPORTING

Section 8.0. FINANCIAL MATTERS

Section 9.0. EFFECTIVE DATE

PREAMBLE

WHEREAS, Liberia is endowed with vast quantities of diamonds, gold, iron ore, tropical timbers and other natural resources which are held by and in the name of the Government of Liberia for the benefit of all Liberians;

WHEREAS, the exploitation of Liberia’s forest and mineral resources for many decades has not had adequate or meaningful beneficial impact on the national economy or the livelihood of Liberians, but has led to deprivations and conflict due largely to the lack of transparency and accountability in the operations and regulation of logging, mining, oil and related companies and the persistence of opportunism in the award and performance of concessions/licenses for exploitation of these resources;

WHEREAS, the government and people of Liberia recognize the potential positive contribution that forest and mineral resources can make to economic and social development of the Country, and have agreed to realize these potentials through improved resource governance that encompasses and fully implements the Principles and Criteria of the international Extractive Industries Transparency Initiative (EITI); and

WHEREAS, Chapter 10, Article 89 of the Liberian Constitution empowers the Legislature to enact statutes for the creation of agencies and commissions as may be necessary for the effective operation of Government

NOW THEREFORE, it is hereby enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature Assembled:

Section I: PRELIMINARIES

SECTION 1.1: SHORT TITLE

This Act shall be cited as the Liberia Extractive Industries Transparency Initiative (LEITI) Act of 2009.

SECTION 1.2: DEFINITIONS

In this Act, unless the context otherwise requires:

“Government” shall mean the Government of the Republic of Liberia
“Civil Society” means the entire segment of the Liberian population that is not in government.
“Chairperson” Means the head of the LEITI and its Multi-Stakeholders Steering Group
“Independent Firm” means an accounting or auditing firm that has no existing relationship with either the Government or any of the companies that are part of the LEITI.
“MSG” is the acronym for the Multi-Stakeholders Steering Group established in section

6.0 of this Act as the governing body of the LEITI, and

“President” means the President of the Republic of Liberia.

Section 2.0: Establishment of the Liberia Extractive Industries Transparency Initiative (LEITI)

There is hereby established an autonomous agency of the Government to be known as the Liberia Extractive Industries Transparency Initiative (hereinafter referred to throughout this

Act as the “LEITI”).

The LEITI shall comprise a broad coalition of stakeholders, and shall accordingly be managed as a multi-stakeholder’s body in keeping with the provisions of this Act. The coalition of stakeholders referred to herein shall include but not be limited to officials of government; members of Parliament, members of extractive companies; and civil society organizations including an association or union of workers in the extractive sectors.
The LEITI shall have the power to:
1. sue and be sued;
2. enter into contracts and acquire, hold and alienate movable or immovable property by whatever lawful means; provided same is done for and in the discharge of its statutory functions, as provided herein;
3. establish counterpart and technical relationships with similar and other agencies, institutions and organizations in Liberia and abroad, as may be necessary for the effective discharge of its functions, and
4. encourage, facilitate, perform and/or require the doing or performance of whatever is necessary or expedient for the effective discharge of any and all of its functions and the achievement of its objectives; and

Section 3.0: OBJECTIVES OF LEITI

3.1 The general objective of the LEITI shall be to assist in ensuring that all benefits due the Government and people of Liberia on account of the exploitation and/or extraction of the country’s minerals and other resources are (1) verifiably paid or provided; (2) duly accounted for; and (3) prudently utilized for the benefits of all Liberians and on the basis of equity and sustainability.

3.2 Without limiting the generality of the provisions of Section 3.1, the specific objectives of the LEITI shall include, but not be limited, to the following:

to require and maintain transparency over all material payments due from and/or made by extractive companies to all agencies and levels of the Government of

Liberia as well as all revenues collected from the companies by the Government;

To require all companies engaged in the extraction of agriculture, forest and mineral resources in Liberia to join the LEITI;
To promote the effective participation of civil society in the design, implementation, evaluation and modification of actions, activities, processes and institutional arrangements associated with resource governance in Liberia;
To provide and/or serve as a platform bringing together the Government of Liberia, civil society, and relevant private companies for effective implementation of the criteria and principles of the Extractive Industries Transparency Initiative and other measures aimed at good resource governance;
To promote better public understanding of the non-renewable nature of most extractive resources; the causes of resource-based conflicts; and the benefits of transparent and prudent resource governance free;
To promote the public disclosure of contracts and concessions bearing relationship with the extraction of forest and mineral resources;
to assist, by working with other relevant institutions of Government and through independent periodic post-award audits or investigations, in ensuring that the process of awarding public concessions, contracts, licenses, permits and any other rights concerning the exploitation of diamond, gold, oil, timber, agriculture any other forest and mineral resources of Liberia is in compliance with applicable laws;
To encourage and facilitate discussion and adoption of appropriate policies for fair sharing of the benefits accruing from exploitation of the natural resources of

Liberia; and

To ensure that pursuit of the objects set forth in Section 3-2 (a-h) is sufficiently established and made an integral part of the normal operations of Government

Section 4.0: FUNCTIONS/MANDATE OF THE LEITI

4.1 In pursuing its objectives, as set forth in Section 3.0 herein, the LEITI shall perform the following functions:

To develop and update reporting templates to be used by all concerned agencies/levels of government and extractive companies for the regular disclosure and reporting, on a disaggregated basis, of all taxes, royalties and other fees paid to all agencies and levels of the Government and the revenues received by the

Government from the Companies;

To require all extractive companies and covered agencies and levels of government to disclose, at least once every year, the data of all payments made

and revenues received in respect of the extraction of Liberia’s forest and mineral resources;

To conduct, through independent firms, a reconciliation of all payment data disclosed by extractive companies and all revenues data disclosed by all agencies and levels of Government pursuant to Section 4.1(b) hereof;
To conduct, as frequently as may be necessary and through independent firms:
1. appropriate audits and/or investigations of the payments and revenues data submitted pursuant to Section 4.1(b) hereof in order to determine that the payments made and revenues received correspond with what ought to have been paid and/or received; and
2. appropriate audits and/or investigations of the process by which each material concession, contract, license, and other right is awarded by the Government in respect of forestry, mining, oil, agriculture and other designated resource sectors of Liberia in order to determine that each concession, contract, license, and similar right was awarded in compliance with applicable Liberian laws;

To promptly publish the reports of all audits, investigations, and/or reconciliations conducted pursuant to the provisions of Section 4.1(c) and 4 Section 4.1(d) hereof, and to disseminate such published reports through widely accessible media;
To serve as one of the national depositories of all concessions, contracts, and licenses and similar agreements and rights granted by the Government of Liberia to individuals and companies in respect of the logging, mining, oil, forestry, agriculture and other designated sectors; and to grant members of the public access to such concessions and agreements in keeping with their status as public documents;
In furtherance of fair sharing of forest and mineral revenues, to monitor and reflect in its reports, the data (along with the transfer thereof) of all funds that belong to or are due to any community, county, group or institution based on the terms of an applicable concession, contract, or similar agreement or provision of law
To bring to the attention of the Government, as part of its EITI Report and for appropriate actions, all institutional and procedural deficiencies as well as lapses, understatements, misrepresentations, and violations of law, including tax delinquencies observed during the audits, investigations, or reconciliations of payments and revenues data submitted by all companies and the relevant agencies and levels of Government;
To submit annual reports to the President and the Liberian Legislature as well as the public on its operational activities, including utilization of funds received in connection therewith; and
To perform and undertake any and all actions as may be necessary to achieve its statutory objectives.

Section 5.0: SCOPE/FOCUS OF THE LEITI

The scope of the LEITI shall be to promote (1) revenues transparency, and (2) contract transparency in the natural resource sectors specified in Section 5.3 herein below.
For the purpose of this Act, revenues transparency shall mean regular disclosure, reconciliation or audit and publication of all data of material payments and revenues connected with the extractive sectors covered by the scope of the LEITI.

For the purpose of this Act, contract transparency shall mean (1) public accessibility of material concessions/licenses and agreements related to the sectors within the scope of the LEITI as per Section 5.4 hereof; and (2) the post-award review and/or audit of the process by and through which concessions, contracts, and licenses are awarded for exploration and/or exploitation of minerals, forests and other resources in order to ascertain that each award was made in compliance with applicable laws.

The sectors of extractive and other natural resources covered by and within the scope of the LEITI are: (1) The Mining Sector; (2) the Oil and Natural Gas Sector; (3) the Agriculture and Forestry Sectors; and (4) such other sectors as the MSG may subsequently determine with the consent of the Government.

Section 6.0: MANAGEMENT

6.1 The Governing body of the LEITI shall be the Multi-Stakeholders Steering Group (“MSG”).

6.2 The management of the LEITI along with the implementation of all activities and programs of the LEITI shall be done by or under the authority and supervision of the MSG.

6.3 Without limiting the generality of the provisions of Section 6.2 hereof, the MSG shall (1) establish a Secretariat to be responsible to carry out and/or coordinate the day-to-day operations of the LEITI; (2) have the powers to adopt any and all rules necessary for the internal governance of the LEITI; and (3) to adopt measures and take actions necessary for achieving the mandate and objectives of the LEITI, including, in particular:

To prepare and/or approve the work plan of LEITI;
To prepare and/or approve the Budget of LEITI;
To authorize and/or approve the solicitation of external assistance;
To recruit and dismiss the Head and the Deputy Head of the LEITI Secretariat, and to approve the recruitment of all other staff and consultants;
To hire or approve the engagement of the Independent Administrator and/ or Auditor to be responsible to perform any of the reconciliations, audit and investigations provided herein;
To approve the commissioning of all consultancies/studies;
To approve and authorize publication of the LEITI Report;
To determine the sanctions to be applied against any company and/or agency government failing to submit a report required by the EITI, or otherwise comply with requirements of the LEITI;
To develop and/or approve an LEITI financial and procurement policy, and any and all other policies and procedures associated with or required for effective and transparent implementation of the LEITI; and
To take any and all other actions necessary for achieving the objectives of LEITI.

6.4 The MSG shall comprise of at least fifteen (15) members to be drawn from the Government, civil society, and the private sector as follows:

Government: seven (7) representatives to include the Minister of Finance; the Minister of Lands, Mines, & Energy; the Managing Director of the Forestry Development Authority; and the President/CEO of the National Oil Company of

Liberia (NOCAL) or its successor as permanent members;

CIVIL Society: Four (4) representatives to include (1) Publish What You Pay Liberia or a successor organization; and (2) a representative of a recognized association or union of workers in the extractive sectors as permanent members; and
Private Sectors: Four (4) representatives to include at least one representative each from the mining, forestry and oil sectors as permanent members.

Members of the MSG shall be appointed by the President who shall designate one of them as the Chairperson and another as the Co-Chairperson. In the appointment of members of the MSG to represent civil society and the private sector the President shall hold appropriate consultations with members of the groups.

The Members of the MSG shall serve for a renewable term of three (3) years. A member of the MSG may resign his or her office at any time upon notice.

A member of the MSG may be removed from office for reason of conflict of interest or proved misconduct.

Section 7.0: REPORTING

7.1 In keeping with its objectives and as a multi-stake-holders body, the LEITI shall report to the president and the Liberian legislature as well as to the general population.

7.2 The reports to be prepared, submitted and published by the LEITI shall include, but not be limited to: (1) The EITI Report of payments and revenues; (2) The Report of Audit/Review of Concessions and Contracts; and (3) The LEITI Annual Report of Operations. The EITI Report shall comprise of the audited and/or reconciled data of all payments made by covered extractive companies and the revenues received from the companies by all relevant agencies and levels of Government, along with the opinion and recommendations of the Auditor or Reconciler. The Report of Audit/Review of Concessions and Contract shall contain the findings and opinion of the Auditor or Investigator regarding the legal compliance of the processes and procedures applied in respect of concessions and contracts awarded during the audited period. The third and final report, the LEITI Annual Report of Operation, shall contain a detailed statement of all activities carried out by the LEITI, including appropriate financial statements.

Section 8.0: FINANCIAL MATTERS

8.1 The work of the LEITI shall be financed by legislative appropriations made through the national budget.

8.2 The LEITI may, directly and indirectly, request and receive technical assistance, donations or grants from Liberia’s Development Partners and other international multilateral institutions in furtherance of its operations.

8.3 The LEITI shall adopt a system of sound financial management policies in conformity with financial regulations of the Government of Liberia and generally accepted international accounting principles to ensure prudent and efficient management of funds. The LEITI shall specifically cause to be kept proper books and records of accounts for funds and resources received and expenditure incurred or made;

8.4 The LEITI shall be subject to audit by the General Auditing Commission. The LEITI may also be audited by such other private Auditor(s) as the MSG may determine.

2.3 PARTICIPATION AND ACCESS TO INFORMATION

2.3.1 THE NEW ELECTIONS LAW (1986)

CHAPTER 1: DEFINITIONS AND GENERAL PROVISION

CHAPTER 2: THE NATIONAL ELECTIONS COMMISSION; ORGANIZATION AND ADMINISTRATION

CHAPTER 3.17: REGISTRATION OF VOTERS

CHAPTER 4: CONDUCT OF ELECTIONS

CHAPTER 5: VOTING

CHAPTER 6: CONTESTED ELECTION

CHAPTER 7: ELECTIONS EXPENSES

CHAPTER 8: MERGER AND CONSOLIDATION

CHAPTER 9: DISSOLUTION OF POLITICAL PARTY

CHAPTER 10: ELECTIONS OFFENSES

CHAPTER 11: BUDGETARY APPROPRIATIONS FOR THE NEC

AN ACT REPEALING DECREE NO. 85 OF THE PEOPLE’S REDEMPTION COUNCIL AND ADOPTING A NEW TITLE 11 IN LIEU THEREOF TO BE KNOWN AS THE NEW ELECTIONS LAW.

WHEREAS, it is necessary, in view of the multi-party system entrenched in the New Constitution of Liberia to enact Elections Law consistent with, and in pursuance of the provisions of the Constitution for the governance of an Elections Commission hereunder. It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

The PRC Decree No. 75 approved July 21, 1983, repealing Title 12, Chapter 2 of the Liberian Code of Laws of 1956 known as the Elections Law, and PRC Decree No. 85 Relating to the Draft Elections Law, approved May 1, 1984, including Title 12 of the Elections Law as contained in the 1956 Code of Laws, are hereby repealed in their entirety, and there is enacted in lieu thereof, a new Elections Law to be Title 11 of the Liberian Code of Laws Revised, as herein below recited word for word.

The provisions herein shall be entitled and cited as the Elections Law of the Republic of Liberia.

CHAPTER 1: DEFINITIONS AND GENERAL PROVISION

1.2: Definitions. Except when the context or a specific provision of law otherwise requires, the following terms, when used in this title, shall have the following meanings ascribed to them in this Section:

“NEC” shall be the abbreviation used to refer to the National Elections Commission. [Amended in 2004]
“Political Party” shall refer to an association with a membership of not less than five hundred (500) qualified voters in each of at least twelve (12) counties of Liberia in the case of new political parties, or such membership in each of at least six (6) counties in the case of existing political parties. The activities of a political party which has met the minimum registered requirements laid down by the National Elections Commission by filing with the said Elections Commission, its articles of incorporation and by-laws in the Archives of the Republic of Liberia shall include canvassing for votes on any public issue, or in support for a candidate for elective office. [Amended in 2004]
“Polling Place” means any approved building or structure in which voters cast their votes during an election.
All military, para-military personnel, trade unions, union of teachers, union of doctors and nurses, are hereby prohibited from forming political parties, but may participate in political activities by voting for the candidate of his/her choice during election time.
“Absolute Majority of Votes” means a number of votes greater than one-half the number of all voters who vote at an election, exclusive of voters whose ballot papers are rejected.
“Alliances and coalitions” shall refer to two or more political parties working together for a particular political purpose pursuant to section 8.5 of this Law. [Amended in 2004].
“Aspirant” when used in this title, means anyone canvassing for an elective public office under the provision of this title.
“By-Election” means any election other than a general or special election as provided for under special election as provided for under the provision of Article 37 of the Constitution and to otherwise include election called for the purpose of filling vacancies created as a result of unexpired term in an election position other than the Presidency and the Vice Presidency.
“Chairman” when used in this title shall refer to the Chairman of the National Elections Commission.
“Co-Chairman” is one of the Commissioners who has been designated as such to assist the Chairman in the administrative affairs of the Commission.
“Commission” shall refer to the National Elections Commission of the Republic of Liberia. [Amended in 20041]
“Commissioner” means a member of the Commission. [Amended in 2004].
“Constituency” means the whole of the country when referring to the presidential election, each of the fifteen counties in the country when referring to the elections for the Senate, and each of the electoral districts designated by the National Elections Commission when referring to the elections for the House of Representatives. [Amended in 2004]
“Domicile” when used in this title shall refer to the residence in the constituency of an aspirant or candidate who seeks elective public office in which he lives and pays taxes.
“Election Writ” means a writ issued by the National Elections Commission directing the holding of an election.
“Electoral district” means the amalgamation of voting precincts by the National Elections Commission, the registered voters of which
“General Elections” means any election for the offices of the President, Vice President, Senators and Representatives held every six (6) years.
“Given Name” or “First Name” means the name preceding the surname of any person qualified to vote. (e) “Magistrate of Elections” means an elections officer representing the National Elections Commission in the area of his appointment to perform such duties and functions prescribed in this title under the direction and supervision of the National Elections Commission. 1 Hereinafter all 2004 amendments refer to the amendments made by the 2004 Electoral Reform Laws
“Special Elections” means election pursuant to Articles 64 and 91 of the Constitution called for the purpose of filling vacancies in the offices of the President and Vice President and for the purpose of adopting an amendment to the Constitution, and to include election to fill the vacancies created for the election of fifty percent of the members of the Senate.
“Run-off election” means an election following the result of the first ballot where no candidate obtains an absolute majority.
“Residence” means a place where a voter lives.
“Voting Precinct” means a designated area containing no more than 2,000 registered voters. [Amended in 2004]
“Voter” means any qualified person who has been regularly registered and in possession of a Registration Card and whose name appears on a registration roll.
“Registration Card” means a card issued by the National Elections Commission to an elector as an identification showing his/her name, and constituency, center and roll numbers which entitles him/her to vote during an election.
shall elect a member of the House of Representatives. [Amended in 2004].

Effect of Declaration:

Any declaration required to be made under the provision of this title and made before any person authorized by this title to receive such declaration shall have the same force and effect and in case of false declaration to the same penalty, as if such declaration had been made to any official authorized under the laws of the Republic to administer an oath.

Service of Notice:

Service of any notice required by the provision of this title may be made by delivering it personally or if it can be shown that the post office maintains a regular delivery service to such place, by mailing it to the last known residence or usual place of abode within the Republic and if with due diligence no such delivery can be made, by affixing the notice to the door of such person’s place of business, residence or usual place of abode in the Republic. However, where the notice to be served concerns a person alleged to have been judicially declared an incompetent or unsound mind, his guardian shall be served in accordance with the provisions of this Section.

Service by Radio or Newspaper Communication:

When it is impracticable to communicate any election matter by post without occasioning undue delay, any radio or newspaper communication in the ordinary course shall suffice for the purpose of this title.

Signature of person unable to write: Any person required by this title to sign his name may, upon satisfying an attesting witness that he is unable to write, make a mark of the right thumb which shall be witnessed by the attesting witness

Chieftaincy Election:

Election of Chiefs shall be held every six (6) years by registered voters of the chiefdom, clan and town under the provisions of the Constitution, and the guidelines promulgated by the Commission for the conduct of such election.

Qualification: Persons aspiring for the position of chiefs shall possess the following qualifications:

PARAMOUNT CHIEF

Be a Liberian citizen of the chiefdom;
Be owner of a house or hut and must be a tax payer; and
Attained the age of 30 years or more

CLAN CHIEF

Be a Liberian Citizen of the clan;
Be owner of a house or hut and must be a tax payer; and
Attained the age of 25 years, or more.

TOWN CHIEF

Be a Liberian citizen of the town;
Be owner of a house or hut and must be a tax payer; and
Attained the age of 25 years or more.

CHAPTER 2: THE NATIONAL ELECTIONS COMMISSION: ORGANIZATION; ADMINISTRATION

Office of The National Elections Commission: The National Elections Commission of the Republic of Liberia, as an autonomous public commission established by the Constitution of Liberia, shall be composed of seven (7) Members, one of whom shall be appointed as Chairman, and another as Co-chairman, respectively; each of the other five (5) Members shall be called Commissioners. They shall be appointed by the president of Liberia, with the advice and consent of the senate. [Amended in 20032] 2 Hereinafter all 2003 amendments refer to the amendments made by the 2003 Act to amend.

Section 2.1 and 2.4 of chapter two (2) of the New Elections Law of Liberia (1986).

Appointment and Tenure: The President shall nominate and, with the consent of the Senate, appoint and commission the Chairman, Co-chairman and other Members of the Commission, and who shall hold their office during good behavior for a period of seven (7) years effective as of the date of their Commission; they may however be removed upon proof of misconduct.

Qualification for Appointment: The Commissioners shall be Liberian citizens and shall not be less than thirty-five (35) years of age. They shall be of good moral character, and no two (2) Commissioners shall be from the same county.

Quorum and Vote: Any five (5) members, including the Chairman, shall constitute a quorum for the transaction of business of the Commission; they shall decide any question before it, and said decision shall be binding on the Commission. [Amended in 2003]

Party Affiliation, Oath: No Commissioner, election officer or any employee of the Commission shall be a member, or an affiliate of any political party, or of an association or organization; nor shall any Commission, election officer or any employee of the Commission canvass for any elective public office directly or indirectly. Before assuming office, each Commissioner, election officer and every employee of the Commission shall solemnly subscribe to an Oath renouncing allegiance to, and severing all connections, affiliation and relationship with his/her own, or any political party during his/her service or tenure with the Commission.

Remuneration: Members of the Commission, Elections Officers and all other employees of the Commission shall each receive legitimate honorarium, and actual and all necessary traveling and other expenses incurred by them in the performance of their duties in accordance with budgetary appropriation during their tenure with the Commission.

Seat of the Commission: The seat of the Commission shall be located in the Nation’s Capital, and sub-branches throughout the country according to the number of counties.

Police Protection for Members of the Commission: Members of the Commission shall be accorded Police Protection during their tenure.

Power and Duties: The Commission, as an autonomous agency of Government, independent of any branch of the Government, shall have the following powers and duties:

To administer and enforce all laws relative to the conduct of elections throughout the Republic of Liberia.
To organize the office of the Commission in manner as may be necessary and practicable for the effective operation of the Commission
To propose to the National Legislature for enactment, amendment to, and repeal of, any provision of the Election Law.
To give accreditation to, and register all political parties and independent candidates who meet the minimum registrations laid down by the Commission, by which authority they may exercise political franchise under relevant provisions of the Constitution.
Upon objections made by any person or group of persons, the Commission may reject, and if already registered, revoke the certificate of accreditation of said party or independent candidate, subject appeal to the Supreme Court of Liberia. The revocation of the application of any proposed political party for accreditation as a full-fledged political party shall be predicated upon the following factors:

(1) Where a proposed political party or an independent candidate retains, organizes, trains or equips any person or group of persons for the use or display of physical force or coercion in promoting any objectives or interest, or arouse reasonable apprehension that they are so organized, trained or equipped, or by reason of their aims, or conduct or the behavor of their adherents, seek to impair or abolish the free democratic society of Liberia, or to endanger the existence of the Republic, or whose tendency and behavior are inconsistent with the free democratic process of the Republic.

To revoke the registration and accreditation of an already legal party only upon the judicial determination of a court of competent jurisdiction, in accordance with due process.
Conduct all elections for elective public offices including the chieftaincy election and all referenda and declare the results thereof.
Formulate and enforce guidelines controlling the conduct of all elections for elective public offices which guidelines shall not be inconsistent with the provisions of the Constitution and the Elections Law.
In consultation with the President of Liberia and such other appropriate officials of government appoint all such officials and employees as may be necessary for the effective performance of the duties and functions of the Commission.
In consultation with the appropriate local officials, appoint elections officers in the political sub-divisions of the country who shall perform their duties under the direction and supervision of the Commission and in accordance with the provisions of this title.
Maintain a register of all qualified voters which shall be subject to inspection under the provision of this title.
Establish constituencies in every political sub-division and re- apportion the same when deemed necessary and expedient in accordance with population figure.
Maintain a register of the Constitution, Article of Incorporation and Rules of all political parties and independent candidates and their organizations and any amendment thereto.
Screen all candidates for elective public office and accredit their candidacy, and/or reject the candidacy of anyone who is not qualified under this title and the guidelines laid down by the Commission.
Prescribe the kinds of records to be kept by all political parties and independent candidates and their organizations and the manner in which they shall be kept.
Examine into and audit, or cause to be audited, the financial transactions of all political parties and independent candidates and their organizations by a chartered public accountant who shall not be member of any political party or the organization of any independent candidate.
Be the sole judge of all contests relating to the election results, and the accreditation of all successful members who have been duly elected as President, Vice President, Members of the National Legislature, Paramount, Clan and Town Chiefs and City Mayors with their Common Councilmen. Appeal from the decision of the Commission in any election contest shall lie before the Supreme Court taken in accordance with the provisions of this Title relating to election contests.
Submit annual report to the National Legislature and the President of Liberia on the general operation of the Commission.
Perform such other duties and functions as may be provided by law.
Conduct all elections for public offices including the chieftaincy election, and all referenda and declare the results thereof.
Formulate and enforce guidelines controlling the conduct of all elections for public offices which guidelines shall not be inconsistent with the provisions of the Constitution and the Elections Law.
Upon the nomination of the President, and with the consent of the Senate, the Commission shall commission upon directives of the President, all such officials and employees as may be necessary for the effective performance of the duties and functions of the Commission.
To issue citation for the appearance before it of any political party or its leaders, or other natural persons in connection with any complaint cognizably before it; to issue subpoenas for the purpose of obtaining witnesses in any hearing, including subpoenas ad testificandum and subpoenas ducestecum; to punish for contempt for any obstruction or disobedience of its orders in an amount not less than the Liberian dollar equivalent of two thousand five hundred US dollars (US$2,500), nor more than the Liberian dollar equivalent of fifty thousand US dollars (US$50,000) in the case of a political party, alliance or coalition, or in an amount of no more than the Liberian dollar equivalent of five hundred US dollars (US$500) in the case of a natural person. [Amended in 2004]
To revoke the Certificate of Accreditation of any political party, alliance or coalition, or to impose a fine of not less than the Liberian dollar equivalent of two thousand Five Hundred United States dollars (US$2,500), nor more than the Liberian dollar equivalent of fifty thousand United States dollars (US$50,000), or both, with respect to election offences committed by a political party, alliance or coalition, or to impose a fine of no more than twenty-five thousand Liberian dollars (LD$25,000.00) with respect to election offences committed by a natural person, according to the gravity of the offences committed. [Amended in 2004]

SUB-CHAPTER A: DUTIES OF CHAIRMAN AND CO-CHAIRMAN:

Chairman: The Chairman of the Commission shall have the following special duties and functions:

Be the official head and spokesman of the Commission;
Presides over all meetings and hearings of elections contests;
For the purpose of expediting the hearings and determination of all election offenses; and other business of the Commission shall apportion the Republic into five (5) administrative areas and assign a commissioner to an area who shall, in consultation with the Commissioner en banc, direct and supervise all election activities in his area of assignment including the hearing and determination of election offenses arising there from which determination having been previously approved by the Commission shall be final.
Controls, supervises and directs the administrative operation of the office of the Commission and in consultation with the Commissioners, takes such corrective administrative measures for the smooth and effective operation of the Commission.

Co-Chairman: The Co-Chairman shall be the principal assistant to the Chairman in the overall operation of the office of the Commission. He shall perform all such other duties as may be assigned by the Chairman and act in his absence.

SUB-CHAPTER B: LEGAL SECTION ESTABLISHED:

Legal Section: There shall be established in the office of the Commission, a Legal Section which shall be the legal arm of the Commission.

Composition: The Legal Section shall be composed of two (2) lawyers who shall serve as legal counsels to the Commission, one of whom shall be appointed as Senior Legal Counsel who shall be head of the Section; there shall be also two (2) legal research officers and such other employees as the Commission shall deem necessary for the effective operation of the Commission.

Qualification: Except a research officer who may be an Attorney-at-Law, anyone appointed as legal counsel must be a qualified lawyer and a Counsellor-at-Law, and must have practiced for not less than five (5) years prior to his/her appointment.

Appointment and Tenure: Upon consultation with the Chief Justice of the Supreme Court of Liberia and the Minister of Justice, the Commission shall nominate and with the consent of the President of Liberia, appoint legal counsels and research officers who shall serve at the pleasure of the Commission. Other employees of the Legal Section shall be appointed by the Commission on the basis of their Civil Service qualifications and shall serve at the pleasure of the Commission.

Duties and Functions

The Legal Section of the Commission shall have the following functions and duties:

Represent the Commission before the Supreme Court of Liberia in any elections litigations, or otherwise;
Advise the Commission on all legal matters when so required;
Submit to the Commission a written legal opinion on any question of legal implication when so required; and
Perform such other legal duties relating to the administration of the Elections Law as may be required by the Commission.

Division: There is hereby established in the office of the Commission a Division of Administration to include those sections already provided for in this Title, which shall be sub-divided into administrative sections as may be necessary for the effective performance of the duties and functions of the Commission.

Division Head: The Administrative Division of the Commission shall be headed by an Executive Director who shall be the principal administrative assistant to the Chairman in the overall administrative activities and operation of the office of the Commission. He shall be responsible for the general administration of the office of the Commission and assisted by a corps of staff members who shall be the head of each section of the administrative division as may be established in the division. The Sectional heads shall be amenable to the Executive Director for the effective and smooth operation and functions of the Commission.

Appointment and Tenure: The President shall nominate, with the consent of the Senate, appoint an Executive Director; He shall serve at the pleasure of the President.

Qualification: A person appointed to the post of Executive Director shall be a Liberian citizen and holder of a degree in Administration or its equivalent with not less than five (5) years of experience in Administration.

Duties and Functions: The Executive Director shall have the following duties and functions:

Have charge of the general administrative supervision of the office of the Commission under the direction of the Commission;
Serve as Secretary to the Commission; attend its deliberations and keep minutes of its transaction;
Keep and preserve the records of the Commission;
Direct and supervise the works of the administrative sections and the local offices of the Commission in the counties and be responsible and accountable to the Commission for the effective and smooth operation of the division; andPerform such other duties and functions as may be required of him by the Commission.

SUB-CHAPTER D: ELECTIONS OFFICERS:

Appointment of Election Officers Elections Officers shall include Election Magistrates, Clerks of Writs, Registrars, NEC Presiding Officers, Poll Clerks, Judges and such other Poll Workers appointed by the Commission in accordance with the provision of section 2.9 (i) who shall carry out the duties assigned them by the Commission and by the provision of this Title in connection with the Registration of Voters or the holding of Election.
Clerks of Writs: A Clerk of Writs and an Assistant Clerk of Writs shall be appointed by the Commission in accordance with provision of this title. Writs for all elections shall be issued by the Clerk and returned to him. The Assistant Clerk shall assist the Clerk of Writs in the performance of his duties and act in his absence. The Clerk of Writs shall perform such other duties as may be assigned to him by the Commission.
Magistrates of Elections: In accordance with the Provision of Section 2.9 (i) of this title the Commission shall appoint within each County/District as many Magistrates of Elections as shall be necessary, who shall serve as liaison between the Commission and the County/District they represent in respect of all Election activities within their County of assignment. Each such Magistrate shall comply with all general as well as special instructions issued to him by the Commission. A Magistrate of Elections shall have power and functions within his area of jurisdiction to hear and determine objections of Voters registration claims and to the continuation of disqualified Voters

on the registration rolls, and upon a proper showing, to order the reinstatement upon the registration rolls of names of qualified voters struck off by mistakes. Magistrates of Elections shall have the power and jurisdiction in the first instance to hear and determine all election offenses in which the penalty provided is not more than five hundred ($500.00) dollars. In all other offenses, the Commission shall have original administrative jurisdiction subject only to judicial review by the Supreme Court of Liberia.

Oath of Officers of Elections: Each Magistrate, before assuming such office, shall make and subscribe to an oath before the Chairman of the Commission or his Commissioner designee for the faithful discharge of his duties. Such persons appointed as a Registrar of voters, a NEC Presiding Officer, a Clerk and other Poll Workers, before assuming such office, shall make and subscribe to an oath before the Magistrate of Elections to perform faithfully the duties of such office in accordance with the provisions of this title. Such oath shall be filed in the office of the Commission.
Ineligibility to Hold Office as Elections Officers: No candidate and/or person holding any official position in connection with any political organization or Elections Committee shall be appointed as Elections Officer by the Commission; any Elections Officer who knowingly becomes a candidate, or who is elected, appointed or otherwise becomes an official of any political organization or Elections Committee shall be considered to have automatically vacated his election office and dealt with under the provision of this title.
Compensation of Elections Officers: Each Elections Officer shall be paid honorarium of such amounts as may be prescribed by budgetary appropriation from time to time for duties actually performed.
Payment of Elections Officers: The honorarium of Elections Officers appointed by the Commission and all other public expenses arising from elections shall be approved by the Chairman of the Commission and shall then be paid in accordance with standard procedure for disbursement.
Oaths: Any Commissioner, Elections Officer or employee of the Commission, before assuming the duties and functions of his office shall subscribe the following oath which shall be filed in the office of the President of Liberia in case of a Commissioner, and in the office of the Commission, in case of Elections Officers, officials or employees.

CHAPTER 3.17: REGISTRATION OF VOTERS Who May Register:

Every citizen of Liberia who has attained the age of eighteen (18) years or older, may register as a voter except one who has been judicially declared to be incompetent or of unsound mind or who has been disenfranchised as a result of conviction of an infamous crime and has not been restored to citizenship. Principal means of verifying whether an applicant is a citizen of Liberia may include:

Production of a valid Liberian passport;
Production of a birth certificate and, where applicable, evidence of renunciation of a second nationality, proving that the applicant is a Liberian citizen;
Production of a certificate of naturalization to be accompanied by all relevant legal documents from the court;
Sworn statements by two other registered voters, who shall appear in person before the appropriate elections officer, confirming that the applicant is a Liberian Citizen.
Confirmation by a Liberian traditional leader, who shall appear in person before the appropriate elections officer, that the applicant is a Liberian citizen. The NEC may issue regulations to establish the procedures in which these means, and any other means the NEC deems necessary and appropriate, will be applied. [Inserted in 2004] Every voter shall be allowed to vote only in the voting precinct of the electoral district for which he/she is registered. [Amended in 2004]

Place or Center of Registration: Not later than two (2) weeks, before the first day of registration, the Commission shall publicly advertise by printed notices in newspapers where feasible, by posters, placards and by radio and television broadcast and by any means, the lists of the location of places for registration centers in the local communities involved.

Section. 3.2(b): Registration officers shall give preference to persons with disabilities at registration centers. [Inserted in 2004]

S.3.2(c): The location and arrangement of the registration centers shall, to the extent which is reasonably and practicably possible, be accessible to persons with disabilities. [Inserted in 2004]

Time of Registration: The offices of the Elections Magistrate in each county or places so designated shall be opened for Registration of Voters as may be prescribed by the Commission.

Internally Displaced Persons/Returning Refugees The NEC is hereby authorized to adopt administrative and operational measures which are necessary and expedient consistent with the Act. These measures may be necessary to facilitate the registration and voting of those Liberians who are qualified to register to vote under subsection 3.1 of the New Elections Law 1986, and who have been displaced from their home community, or are returnees who had previously been exiled, as a result of war, civil disorder or human rights abuses. In particular, and as an exception to the provisions in section 3.1, 5.1 and 5.2 of the New Elections Law 1986 as amended pursuant to the provisions of this law, the NEC shall adopt appropriate measures to allow eligible internally displaced persons and returnees to register in the county in which they reside for their County of origin. The NEC shall also adopt measures to facilitate the registration of internally displaced persons and returnees after the registration deadline where justifiable reasons for failure to register before the deadline are shown. Further, the NEC shall define the categories of persons who may benefit from such measures and the conditions under which they may do so. An extension of the time period to register, if deemed appropriate by the NEC in accordance with this section, shall be limited to those returnees whose return to Liberia is directly facilitated by the UN High Commissioner for Refugees (UNHCR), and to other Liberians who can satisfy the registrar that they are returnees and eligible to register. [Amended in 2004]

SUB-CHAPTER B: REGISTRATION ROLL:

Registration Roll: Registration Rolls shall be kept in the form prescribed by the Commission and among other things, shall contain the family name and given name, residence and sex of each voter. The names shall be numbered in regular progressive arithmetical order, commencing with number one (1).
Registration Card: (1) Each voter, after his/her name has been entered on the registration roll, shall be given a registration card by the registrar. The card shall contain particulars of the voter’s name and the county/district, constituency, registration center and roll number. (2) In the event of loss or destruction of the registration card, and after proof has been established, the registrar shall issue a new card for a minimum fee of five ($5.00) dollars to be paid in the Internal Revenue.
Roll to be Kept for Public Inspection: The general registration roll for each registration center shall be opened for public inspection at the office of the Magistrate of Elections without a fee on any day in a week during the hours the office is opened. A copy of each roll may be kept at such other places as the Commission may designate for public inspection.
Non-Compliance with Prescribed Forms which will not Affect Validity of Rolls and Other Election Documents No registration roll or other election document shall be invalidated on the ground that it is not printed or because or any error made in the copying or printing thereof.
Public Officers to Furnish Information: All public officers in the service of the government, all officers in the service of any local governing body, are hereby authorized and required to furnish the Commission or any Elections Officer, all such information as may be required to enable the Commission or any such Elections Officer to prepare or revise registration rolls.
Other Persons from whom Information may be Required: For the purpose of preparing any registration roll or ensuring the registration of any voter on a registration roll, the Commission or a registrar or any person authorized for this purpose by the Commission, may require any person to answer any question or furnish any returns or fill in and sign any claim with regard to such registration. Every person to whom any question shall be put under this section, shall truthfully and to the best of his knowledge and belief, comply with any requirement made of him under this section.
Regulations for Preparations of Rolls: The Commission may by regulation either general or applicable to any particular roll, specify the method of preparation and prescribe the Rules and Regulations to be observed in regard thereto.

SUB-CHAPTER C: VERIFICATION, ADDITIONS AND OBJECTIONS TO THE REGISTRATION ROLL

Claims for Registration:

A claim is a written application for registration as a voter. New names may be added to the appropriate roll by a registrar of elections pursuant to claims, which shall be made in the prescribed form signed by the claimant in the presence of and witnessed by, a Registered Voter and filed with the registrar of elections who keeps the roll on which the claimant seeks to be registered. A claim must contain in full the surname and the given name, if any, or the claimant, his residence, constituency, age, and his usual signature or right thumb print if he is unable to write.
The Commission shall determine a period of not less than at least two (2) days before Election Day which:
1. The registration roll shall be available for inspection at each Registration Center and compared with the Commission’s Master Registration Roll to make sure the roll is in order and that the names of the deceased registered voters are removed from the roll in accordance with the provisions of this chapter; and
2. Claims for Registration and Objections to Registration may be made. The dates determined by the Commission shall be published in the same manner as is required by Section 3.2 for Notification of Registration Centers.

Duty of Witness to Claim: The person witnessing any claim or any application change and declaration as to qualification of any voter, if he is not personally acquainted with the facts, shall satisfy himself by inquiring from the Claimant or applicant that the statements contained in the claim or application are true.

Filing of Claim by Registrar: Upon the receipt of a claim, the Registrar of Elections shall note thereon the date of its receipt and file the claim provisionally. Claims thus filed by the Registrar of Elections shall be opened for public inspection without fee at the office of such registrar on any working day during the hours the office is opened.

Registration of Claimant: If a claim is in order and not objected to the Registrar of elections, at the expiration of ten (10) days from its receipt, shall endorse the claim as approved and register the claimant by entering his name and other prescribed particulars on the registration Roll, filed in his office under the provisions of Section 3.11 of this Title. When the registration is concluded, the said registrar shall send the endorsed claim to the Magistrate of Elections identifying it by the voting precinct, constituency and polling place at which it was registered and by its number on the appropriate registration roll.

SUB-CHAPTER D: OBJECTION TO CLAIM AND REGISTRATION

Objection to Claim: Any voter may object to the continuance of a name on the Registration Roll by reason of ineligibility or death of the voter. Such objection shall be submitted on the prescribed form to the Registrar of Elections who shall transmit it to the Magistrate of Elections for review. The Magistrate of Elections shall within thirty (30) days, determine the validity of the objection and shall give public notice within the locality of his findings.

A copy of all findings shall be immediately forwarded to the Commission who shall after its review cause the roll to be amended accordingly.

Objection to Registration: Any objection to the registration of person whose name has added to a registration roll as a registered voter may be made by a Registrar of Elections or by any other person or voter and disposed of in the same form and manner as provided in Section 3.15 supra.

SUB-CHAPTER E: ALTERATION OF REGISTRATION ROLLS

Removal of Names Repeated on the Rolls: When the name of the same voter appears on more than one (1) registration Roll, or more than one in the same registration roll, the Commission shall order the removal of every such name except the correct name on the proper Registration Roll.

Alteration of Rolls by Registrar of Elections: In addition to the powers of alteration conferred under this title, Registration Rolls may be altered by a Registrar of Elections. (1) By correcting any obvious mistake or omission, but not to the extent of wholly removing a name from the registration roll; and (2) By re-instating a name previously struck off by orders of the Commission.

When Registration Roll May Not Be Altered: No Registration Roll may be altered within the thirty (30) days period immediately prior to an election, including Election Day, except upon order of the Honorable Supreme Court of Liberia on the determination of a manifest error.

Alteration of Registration Roll: Alternations of Registration Rolls shall be made in such manner that original writing, or printing shall not be obliterated or altered. The reason for the alteration, the date thereof, and such reference to authority, as may be deemed necessary, shall be set against the alteration together with the initials of the person authorized to make the alteration.

Names of Deceased Persons over 18 Years to be furnished by the Ministry of Health and Social Welfare: Every County Health Center shall by its Registrar of Births, Deaths and Burials send to the appropriate Magistrate of Elections in December of each year, a list in a prescribed form containing the names and addresses and ages of all persons who are eighteen (18) years of age or over whose death has been registered in the preceding year, together with the deceased Voter’s registration Card.

Clerks of Monthly and Probate Courts to Furnish Names of Persons Judicially Declared

Incompetent or of Unsound Mind: The Clerk of the Monthly and Probate Court in any county or district shall furnish or send to the appropriate Magistrate of Elections, upon adjudication, the names and addresses of all persons who have been judicially declared incompetent or of unsound mind together with the incompetent voter’s card previously obtained before such declaration or decree by the court.

Names of Disenfranchised to be Furnished by the Minister of Justice: The Minister of Justice shall send to the Commission annually, in the month of December, a list containing the names and the addresses of all persons judicially convicted and sentenced for a disenfranchisable offense and whose disenfranchisement continues. He shall also furnish along with the list, the Registration Cards of all such persons.

Restoration of Names on Registration Rolls Removed for Disqualification: Any person whose name is removed from a Registration Roll because he/she was judicially declared incompetent or of unsound mind or because he/she was convicted and sentenced for an offense disenfranchising him as a voter, when no longer disqualified and restored to citizenship, may have his name added to a Registration Roll by re-registration or by making a claim in accordance with the Provisions of Section 3.11 of this title.

CHAPTER 4: CONDUCT OF ELECTIONS

Voting Precincts

The Commission shall describe and as far as practicable, delineate on a map the voting precincts in each constituency.
The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed two thousand (2000). [Amended in 2004] Polling Places
The Commission shall designate Polling Places in each constituency to serve the voting precincts. A change of Polling Place after due designation, may be made by the Commission or giving at least forty-eight (48) hours’ notice to the voters affected thereby.
(1)(b) Polling officers shall give preference to persons with disabilities at the polling places. [Inserted in 2004]
(1)(c) The location and arrangement of the Polling Places shall, to the extent which is reasonably and practicably possible, be accessible to persons with disabilities [Inserted in 2004]
Polling Places shall have separate compartments constructed so as to protect each voter from observation whilst making his ballot papers.
Each polling place shall be provided with a transparent ballot box or boxes, which can be sealed. [Amended in 2004]
The Commission shall make arrangements for the list of polling places to be published not less than ten (10) days before the election and shall take all necessary steps to ensure that voters are made aware of the location of the various polling places before the election.
Each Polling Place shall be identified to the public by a suitable notice or other means. (6) There shall be a NEC Presiding Officer of the Poll appointed to preside at the voting and counting at each polling place who shall be assisted by other clerks where necessary. S. 4.3: Election Writs (1) Writs shall be in the prescribed form and shall specify: (a) The date of the election; (b) The last date for nomination of candidates by political parties and nomination of independent candidates; and (c) Such date to be not later than fifteen (15) days after election. [Amended in 2004] (2) Upon directives of the Commission, the Clerk of Writs shall issue writs for each election not later than ninety (90) days prior to the time prescribed for the election. Such writs shall direct the Magistrate of Elections for each county/district in accordance with the provisions of this title and the regulations and instructions of the Commission.

Duty of Magistrate of Elections

Subject to any directions given by the Commission, the Magistrate of Elections shall on receipt of the writ, endorse thereon the date of its receipt, and shall make all necessary arrangements for holding of the election.
The Magistrate of Elections may, with the approval of the Commission, appoint a deputy or deputies to act specially or generally, or for a particular constituency, who shall have the authority to perform all the duties of the Magistrate of Elections or such duties as are specifically described and subject to such limitations as are mentioned in the appointment.
The Magistrate of Elections shall take such steps as may be directed by the Commission to inform the political parties, independent candidates and the voters of:
1. The dates by which acts have to be done, nominations made or otherwise as required by this title;
2. The time-table for the electoral process;
3. The general arrangements for taking the poll, counting the ballots and declaring the result of the poll; and
4. Generally, as to the conduct of the election and the duties of parties and candidates.
The Magistrate of Elections shall in accordance with any directive from the Commission:
1. Furnish the approved polling places and provide each one with a ballot box or boxes;
2. (b) Provide each polling place with the necessary ballot papers prepared in the prescribed forms and furnished by the Commission;
3. (c) Administer the oath to all persons serving in the polls; and
4. (d) Arrange for the poll and the count and the declaration of the results within his county/district.

Nomination of Candidates:

Any political party which has been registered by the Commission shall send to the Commission a list of the candidates who will stand for election to the several elective offices in the several constituencies.
The list shall be accompanied by a statement by each candidate of his intention to stand as a candidate and his willingness to accept office if elected.
The list shall be received by the Commission not later than eight (8) weeks before the election.
Should any candidate on the list die after the list has been filed and after the ballot papers have been printed, the political party concerned may nominate another candidate and any votes given for the deceased candidate shall be transferred to and regarded as cast for the nominated candidate. Any such nominated candidate shall file a statement with the Commission as required by paragraph two (2) herein when his name is submitted.
Any independent candidate who has been registered by the Commission shall send to the Commission a notification of his candidature by means of a petition on the prescribed form, together with a statement of his willingness to accept office if elected.

Emblems: Any separate and distinct emblem shall be selected by each organized political party and by each independent candidate to represent such party or candidate. The selected emblem shall be notified to the Commission at the time of registration of the party or the candidate. The Commission may reject any emblem which is so confused thereby.

Ballot Papers:

Ballot Papers shall be in a form to be prescribed by the Commission, who shall arrange to print and issue them for the polls.
The Ballot Papers shall include the names of candidates in alphabetical order of surname, the name of the party, and the selected emblem. Different colored ballots may be provided for elections to differed elective offices.

The Polls:

The NEC Presiding Officer for each voting precinct shall be present at the Polling Place with the registration roll for the precinct.
The Poll shall be opened from eight o’clock in the morning until six o’clock in the evening.
Before any vote is cast, the NEC Presiding Officer shall exhibit the ballot box empty, and then shall lock it.
The Commission shall prescribe regulations consistent with the following which in its opinion will portray fairness of the election:
1. Marking of the hands of the voters;
2. (b) The production and marking of the registration cards;
3. The marking of the register; and
4. Such other matters as are necessary for the security of the poll, for the prevention of election offenses and for maintaining of secrecy.

Representatives at Polling Place to ensure a fair and impartial democratic election:

Any registered political party or any independent candidate may appoint a representative to attend any polling place with sufficient identification, in any constituency in voting precinct in which the party has nominated candidates or in which the independent candidate is a candidate. Any such appointment shall be made in a form to be prescribed by the Commission and a copy thereof shall be sent to the Magistrate of Elections not later than two (2) weeks before the election.
Any party representative or representative of an independent candidate attending any polling place shall not speak to any voters; shall not attempt to see how a voter cast his vote; and shall obey all lawful instructions from the NEC Presiding Officer of the Polling Place.

Persons Present at Polling Places: No one other than the elections officers, the party representatives appointed under paragraph 2, section 4.9, or elections observers, police officers or other persons accredited or authorized by the NEC, and voters voting or about to vote shall be permitted to enter or remain in a polling place during the polling. [Amended in 2004].

At the Opening of the Polls: At the opening of the polls, the ballot box shall be opened and presented to the public including representatives of political parties and/or independent candidates for inspection. After it has been confirmed that the box is completely empty, it will be locked and disposed in opened view of the public. The serial number of any ballots issued shall be recorded by the clerk on the Tally sheet.

At the Close of the Polls Following the close of the polls, the NEC Presiding Officer shall in the presence of representatives of parties or candidates appointed under section 4.9 and 4.10:

Cause the clerk to tabulate the total votes cast;
Cause the tabulated register to be made in triplicate signed by the NEC Presiding Officer, his clerk, the representatives of political parties and/or independent candidate(s). The original copy shall be inserted into the ballot box, locked and sent to the Commission through the Magistrate. A duplicate shall be sent to the Magistrate of Elections and the third copy shall be kept by the NEC Presiding Officer of the Poll.
Cause the ballots cast to be tabulated with the recorded serial numbers.
All ballot papers cast at the election, shall, other than questioned ballots, be placed in the ballot box; and (e) Close and seal the ballot box and forward it to the Commission.

Question Ballots:

Ballot papers shall be disallowed and included in the number of question ballots in the following circumstances:
1. If there is no mark in favor of any candidate on the front of the ballot paper;
2. If the voter has voted for more than one (1) candidate for the same post;
3. If there is any writing, signature or words on the ballot paper other than the mark for the candidate; and
4. If the position of the mark for the candidate on the ballot paper is such that it is not clear as for which candidate the voter intended to vote.
The NEC Presiding Officer shall consult with the party representatives present at the count before disallowing any voter under these provisions.
The questioned ballots shall be separately parceled and the number of votes in each category which have been rejected, be notified to the Magistrate of Elections.

Endorsement of Elections Tally: When the Magistrate of Elections has received or been notified of the tally of the votes cast at each polling place in accordance with the register prepared, he/she shall total all the votes cast for each candidate in the constituency after the tally at the polling places and endorse each tally. He/she shall forward the writ forthwith to the Commission and, not later than the date for return, endorse thereon under section 4.3 of this Chapter and directly notify the Commission by the fastest means possible, in writing. The Commission shall collect all the tabulated results from every constituency received from the Magistrates; and announce the returns of the elections not later than fifteen (15) days after the day of elections. [Amended in 2004]

Elections Results How Determined

Elections to the office of President and Vice President of the Republic of Liberia shall be conducted on a two-round electoral system. The first round shall be determined by an absolute majority of the valid votes cast. If no candidate obtains an absolute majority (fifty percent plus one vote) in the first ballot, a second ballot shall be conducted on the second Tuesday following the announcement of the results of the first ballot. The two candidates who obtain the highest number of valid votes at the first ballot shall be designated to participate in the run-off election and the candidate who obtains the majority of the valid votes cast at the second ballot is elected. [Amended in 2004]
Elections for the office of Senator of the Republic of Liberia shall be based on a simple majoritarian system. The two candidates who obtain the highest and second highest numbers of valid votes cast in the county shall be elected. [Amended in 2004]
Elections to the office of Representative of the Republic of Liberia shall be based on a simple majoritarian system. The candidate with the highest valid votes cast shall be declared the winner. [Amended in 2004]

Preservation of Ballot: The Commission shall preserve all writs issued for election, and all ballots casts and register of votes made in an election until the validity of such election and its result can no longer be disputed. The ballot papers may then be destroyed.

CHAPTER 5: VOTING

Who May Vote: Except one who has been judicially declared to be incompetent or of unsound mind, or who has been barred from voting as a result of his/her conviction and imprisonment for an infamous crime which disenfranchised him as a voter and has not been restored to full citizenship, a Liberian citizen who has attained the age of 18 years or above with a valid registration card may vote at any election in the voting precinct of the electoral district for which he/she is registered. [Amended in 2004]

Where to Vote: A Liberian citizen who has attained the age of 18 years or above with a valid Registration card shall vote only in the voting precinct of the electoral district for which he/she is registered. [Amended in 2004]

Leave of Absence to Vote: An employer shall allow an employee leave of absence for such reasonable period as is necessary to enable the employee to vote on any election day without any penalty or deduction of pay, if the following conditions are met:

The employee notifies the employer before the day of the election that he desires such leave of absence; and
Such leave of absence is necessary to enable the employee to vote and that he returns to work on the day specified for his return to work.

Voting in Person: Identification of Voter Every person offering to vote at a polling place in any voting precinct during any election shall state his full name and produce his registration card. If so requested by the NEC Presiding Officer the voter shall state, all particulars necessary for identifying his name as appeared on the registration roll under which the vote is claimed. The NEC Presiding Officer or one of his assistants shall verify on the register that the voter is registered and has not already voted at the particular election involved.

Absentee Voting [Omitted in 2004]

Challenges: If a registered voter is challenged by an officer of the poll or by a representative of a political party or independent candidate appointed to the poll, the said voter shall be permitted to vote only after investigation and upon administration by the NEC Presiding Officer of the following oath:

“I DO SOLEMNLY SWEAR OR AFFIRM THAT I HAVE NOT VOTED THIS DAY AT THE ELECTION AND THAT I AM TO THE BEST OF MY KNOWLEDGE CONSTITUTIONALLY AND UNDER THE ELECTIONS LAW QUALIFIED TO VOTE. SO HELP ME GOD.”

Such oath subscribed to by such person shall be filed with the election returns and shall be competent evidence against the subscriber upon a prosecution for perjury. Any ballot cast after the oath shall be placed in an envelope marked “CHALLENGED VOTE” before it is placed in a ballot box.

Casting of Ballots: Upon receipt of the official ballot paper, the voter, unless he/she comes within the cases provided for in section 5.8 of this Chapter following, shall without any delay, retire to an unoccupied voting compartment alone and therein privately mark his/her ballot paper in accordance with the instructions issued by the Commission and according to his choice. The voter shall then fold the ballot paper forthwith and place the same in the official ballot box. He/she shall then leave the polling place.

Casting of Ballot: Assistance to Unlettered and Physically Incapacitated A voter who is unlettered or incapacitated may request the assistance of a person of his/her choice to mark his/her ballot in secret, provided that the person giving assistance shall be a registered voter. The Clerk shall enter on the register opposite the name of the assisted voter, the reason of such assistance. The one assisting the voter shall retire with him/her in an unoccupied compartment and, at the direction of the voter, help in preparation and marking of his/her ballot paper and return the ballot paper properly folded for deposit in the ballot box.

[Amended in 2004].

CHAPTER 6: CONTESTED ELECTION

Filing a Complaint with the Commission: Any political party or candidate who has justifiable reasons to believe that the elections were not impartially conducted and not in keeping with the Elections Law, which resulted in his defeat or the defeat of a candidate shall have the right to file a complaint with the Commission; such complaint must be filed not later than seven (7) days after the announcement of the results of the elections.

Investigation and Decision:

Time schedule. The Commission upon receipt of the complaint of the contestant shall within thirty (30) days cite the parties; conduct an impartial investigation, and render a determination as provided for in Paragraph 2 of this section. The determination shall be accompanied by a summary of the investigation and the reason for it.
Effect of determination. The decision of the Commission shall have the following effects:
1. If any person returned is declared not to be duly elected, but has already assumed such office, shall cease to hold such office;
2. If any person not returned is declared duly elected to an office, he/she shall assume such office; and
3. If any election is declared void, a new election shall be held.
Harmless errors not to vitiate election. No election shall be declared void on account of any delay of nominations; the polling or return of the writ, or on account of the absence or error of any officer which shall not be proved to have affected the result of the election.
Bribery; undue influence: effective on election. If at the trial of a contest, it is found that a candidate has committed or has attempted to commit bribery or undue influence, his election shall be declared void.
No decision that any person return was not elected, and no decision that an election is void, shall be made:
1. On the ground of any election offense committed by a person other than the candidate and without his knowledge or consent; or,
2. On the ground of an election offense other than bribery or corruption; and
3. Finding not to bar prosecution for election offense: — No finding at the trial of a contested election shall bar or prejudice any prosecution for any election offense.

Right of Appeal to Supreme Court of Liberia by Contestant: Any contestant affected by the decision of the Commission shall have the right to appeal to the Supreme Court of Liberia not later than seven (7) days after the decision is rendered.

Filing of Bill of Exceptions. The contestant shall file with the clerk of the Supreme Court the bill of Exceptions within seven (7) days after rendition of decision of the Commission and shall pay the cost of filing the Bill of Exception and of procuring a certified copy thereof the same as those paid by a Plaintiff and /or appellant in a civil action.

Bill of Exceptions: Content:

(1) Content: The Bill of Exceptions shall:

State clearly and distinctly the grounds of exceptions of the facts relied upon to reverse the decision of the Commission;
Contain a prayer for the relief sought; and
Be signed by the appealing contestant

Bill of Exception: During the process of an election any irregularity observed shall be noted and filed with the Commission as a complaint not later than five (5) days from the date of the Elections.

Filing and Service of Bill of Exceptions: Within seven (7) days after the Commission’s determination of a contest, any contestant appealing from the determination shall file his bill of exceptions to the office of the Clerk of the Supreme Court certified and with the seal of the Supreme Court thereon affixed. Copy shall be furnished the person apparently elected or in whose favor the Commission has decided; also service shall be made on the Commission through its Chairman. The Commission shall then within seven (7) days of receipt of the bill of exceptions, file with the Clerk of the Supreme Court, its return serves a copy thereof on the contestant.

Recognizance The contestant shall enter into a recognizance for payment of costs incurred on the appeal in the following amounts:

With respect to the election of a President or Vice President, the Liberian dollar equivalent of five thousand United States dollars (US$5,000.00); [Amended in 2004]
With respect to the election of a Senator, the Liberian dollar equivalent of three thousand United States dollars (US$3,000.00); [Amended in 2004]
With respect to the election of a member of the House of Representatives, the Liberian dollar equivalent of two thousand United States dollars (US$2,000.00); [Amended in 2004]
With respect to any other elective public office, the amount shall be determined by the Commission and shall not exceed the Liberian dollar equivalent of two hundred United States dollars (US$200.00). [Amended in 2004]

Hearing and Determination by the Supreme Court Upon filing of briefs by both contestants and the Commission within the time allowed by this title, the Clerk upon orders of Courts, shall docket the proceeding on a separate docket calendar, thus, notifying the parties of the assignment for hearing arguments produced by the Supreme Court en banc. Based upon the arguments produced by both parties, the Clerk upon orders of court will notify the parties of the date and time of rendition of final judgment. If the Supreme Court sustains the decision of the Commission, the Commission shall act to effectuate the mandate of the court. If the Supreme Court reverses the decision of the Commission for whatever reason, the Commission shall within sixty (60) days, after judgment of the court, execute the mandate of the Supreme Court accordingly.

CHAPTER 7: ELECTION EXPENSES

Who May Contribute as herein after provided, any citizen(s), political party, association or organization, being of Liberian nationality or origin, shall have the right to contribute to the funds and election expenses of any political party or candidate; such contribution shall be accompanied by filing with the Commission such information as the source; the date of the remittance; the amount of such contribution and such other information necessary or required by the Commission. No corporate or business organization and labor union may contribute to the funds or the election expenses of any political party or any independent candidate, and any Contribution made in violation of this provision shall, by the Commission, be declared forfeited.

Remittance of Funds from outside Liberia to Political Parties or Independent Candidate: Restriction There shall be no remittance of funds or other assets to any political party or organization, or any independent candidate from outside Liberia, unless remitted or sent by Liberian Citizens residing abroad. Any funds or other assets received directly or indirectly in contravention of this restriction, shall be turned over or transferred to the Commission within twenty-one (21) days of receipt to be kept in escrow in a designated bank, after thorough investigation has been made, such funds shall be turned over to the political party or organization or independent candidate to whom the money was sent if not, in contravention of this restriction.

Limitation of Election Expenses: Expenses Per Candidate [Amended in 2004]

(1) Elections expenses shall not be incurred or authorized by a candidate and or party beyond the Liberian Dollar equivalent of the following amounts:

For President in excess of Two Million United States dollars (US$2,000,000.00).
For Vice President in excess of One Million United States dollars (US$1,000,000.00). (c) For a Senator in excess of Six Hundred Thousand United States dollars (US$600,000.00).
For a Representative in excess of Four Hundred Thousand United States dollars (US$400,000.00).
For any other elective public office, in excess of Seventy-Five Thousand United States dollars (US$75,000.00). This section shall not be construed to mean that political parties and/or candidates shall be required to have a defined amount deposited in support of a given candidate for the positions in 7.3.1.

Application and Registration Fee: Application and Registration fees of aspirants and candidates shall amount to the Liberian dollar equivalent of the following:

For the office of President, two thousand five hundred United States dollars (US$2,500.00);
For the office of Vice President, one thousand five hundred United States dollars (US$1,500.00); (c) For the office of Senator, seven hundred fifty United States dollars (US$750.00);
For the office of member of the House of Representatives, five hundred United States dollars (US$500.00);
For any other elective public office, the amount shall be determined by the Commission and shall not exceed the Liberian dollar equivalent of fifty United States dollars (US$50.00). All application and registration fees shall be paid to the National Elections Commission, and shall form an integral part of its budget

Account of Political Parties and Requirements for Instruction and Examination: One month following the effective date of this title, all registered political parties in the country shall furnish the Commission with the names of the Banking Institutions with which they maintain accounts respectively, indicating the dates of the establishment of the banking account; the account number and the names of the party officials upon whose signatures funds are withdrawn from the bank. Any registered political party failing to furnish the information and the instruction required by this section, shall be guilty of an elections offense and punishable by a fine. [Amended in 2004] Any Banking Institution failing to provide such information upon being duly advised by the political party and upon demand of the Commission shall be guilty of an election offense and punishable by a fine of not less than ten thousand ($10,000.00) dollars and, not more than twenty-five thousand ($25,000.00) dollars.

CHAPTER 8: MERGER AND CONSOLIDATION

Merger and Consolidation: Registered political parties may be allowed to merge or consolidate as provided by this section.

Procedure: Registered political parties wishing to merge or consolidate shall each pass a resolution consenting to the merger or consolidation signed by 2/3 of the members of the executive committee.

Plan of Merger or Consolidation: The Executive Committee of each registered political party proposing to participate in the merger or consolidation shall approve a plan of merger or consolidation setting forth:

The name of each constituent registered political party;
Terms and conditions of the proposed merger or consolidation;
In case of merger, a statement of any amendment in articles of incorporation of the surviving registered political party to be effected by such merger, and in case of consolidation, all statements required to be included in articles in incorporation for a political party.

Approval of Plan: The Executive Committee of each constituent political party, upon approving the plan of merger or consolidation, shall submit such a plan to the vote of the local parties in the Counties.

Article of Merger or Consolidation: After approval of the plan of merger or consolidation by partisans of each constituent political party, the article of merger or consolidation shall be executed by the Executive Committee of each political party and verified by its Chairman, which shall set forth: i. The plan of the merger or consolidation, any statement required to be included in article of incorporation; ii. The date when the articles of incorporation of each constituent political party was filed with the Commission, probated and registered; and iii. The manner in which the merger or consolidation was authorized with respect to each constituent political party.

Filing of Articles of Merger or Articles of Consolidation: The articles of merger or consolidation shall be filed with the Commission in accordance with guidelines laid down by the Commission; the said articles shall be accompanied by certified copies of the resolution of each Constituent party consenting to the merger or consolidation, the approved plan to merge or consolidate and the votes taken by each constituent party authorizing the merger or consolidation.

When Merger or Consolidation Effective Upon the filing of the articles of merger or consolidation with the Commission, the Commission shall make sure and be satisfied that each constituent political party participating in the merger or consolidation has complied with the provisions of Chapter 7 and 8 hereof. The participating political parties being cleared of all their obligations and requirements, the Commission shall issue a certificate of accreditation to the merged political party under its name and exercise franchise granted to a political party as if it were originally certificated as such. S. 8.5: Alliances and coalitions [Inserted in 2004]

Registered political parties may be allowed to form alliances and coalitions as provided by this Section. (1) Procedure
Registered political parties wishing to form an alliance or coalition shall each pass a resolution consenting to the alliance or coalition signed by an absolute majority (50% of the votes plus one vote) of the members of the executive committee. (2) Plan of alliance or coalition.
The Executive Committee of each registered political party proposed to participate in the alliance or coalition shall approve a plan of alliance or coalition setting forth: (a) The name of each constituent registered political party (b) Terms and conditions of the proposed alliance or coalition, including the intended duration of the alliance or coalition. (3) Filing of plan of alliance or coalition.
The plan of alliance or coalition shall be filed with the National Elections Commission (NEC) in accordance with regulations and guidelines laid down by the NEC. The plan shall be accompanied by certified copies of the resolution, pursuant to clause 1 above, of each constituent party consenting to the alliance or coalition, and the votes taken by each constituent party authorizing the alliance or coalition. (4) When alliance or coalition effective
Upon the filing of the plan of alliance or coalition with the National Elections Commission, the NEC shall approve the plan if it is satisfied that each constituent party consenting to the alliance or coalition has fully complied with the provisions of this section and with chapter 7 of the New Elections Law of 1986. The NEC shall issue a certificate of accreditation in the name of the alliance or coalition.
When alliances or coalitions may be formed Alliances or coalitions may be formed not later than eight (8) weeks prior to the first ballot.

CHAPTER 9: DISSOLUTION OF POLITICAL PARTY

Dissolution of Political Party

A political party which has a perpetual existence according to its articles of incorporation shall have the rights to be dissolved after it has failed at least two successive general elections to obtain an absolute majority to win the Presidency, provided, however, that it shall meet the following conditions:
1. If, at a meeting of its Executive Committee, two third (2/3) of the members vote on the proposal to dissolve by consenting that the dissolution shall take place. A certified copy of such resolution shall be filed with the Commission along with the Articles of Dissolution.
2. Filing with the Commission, the verified Articles of Dissolution signed by members of the Executive Committee of such party with the address of the position of each in the party, stating the reason for the dissolution and the manner in which the dissolution was authorized, the Articles of Dissolution shall also be filed with the Registrar of Deeds for Montserrado County, in whose office the Articles of Incorporation of this party were recorded.
Time when Effective: The dissolution of a political party shall become effective only if the commission is satisfied that such political party has complied with the requirements of Sections 7.2 through 7.4 of this chapter and is clear of its audits to be conducted as provided in this chapter.

Winding up Affairs of Political Party after Dissolution

Continuation of Party for winding up- A political party, whether voluntarily dissolved or otherwise, shall nevertheless be continued for the term of three (3) years from the date of such dissolution as provided by the Association Law of Liberia for the purpose of prosecuting and defending suits by or against it, and to enable it to gradually settle and close its business, to dispose of and convey its property and to discharge its liabilities, but not to continue the exercise of its political franchise granted under its certificate of accreditation as a registered political party.
Trustees – Upon the voluntary dissolution or otherwise of political party, the Executive Committee of the party shall be trustees thereof, with full power to settle the affairs, collect the outstanding debts, if any, sell and convey any of its properties, prosecute and defend all such suits and for the payments of its liabilities and obligations.

CHAPTER 10: ELECTION OFFENSES

Acts Constituting Malfeasance The following acts shall constitute malfeasance, punishable under this chapter:

Influencing or attempt to influence the results of any election;
Emitting or refusal to sign the register or other document which is required to be signed in connection with any election without just cause;
Committing or attempt to commit any act designed to defect the intention of a voter; and (d) Unlawful disclosure of any knowledge officially acquired touching the vote of any voter, or acquired through assisting a person with disabilities pursuant to Chapter 5 Section 5.8 of the New Elections Law. [Amended in 2004] Any election officer, or any person required to sign a register as provided in sub-section (b) or who does any of the acts above is guilty of an election offense and is punishable by a fine or imprisonment for not more than six months or both. [Amended in 2004].

Offences in Relation to Fraudulent Registration:

Making a false statement to an Elections Officer at any point during the voter registration process;
Impersonating another person when applying to register to vote;
Registering or attempting to register to vote more than once in relation to an election; (d) Any other fraudulent act relating to voter registration. [Amended in 2004]

Offenses in Relation to Registration Cards: Any person who does any of the following acts shall be guilty of an election offense and punishable by a fine or sixty (60) days imprisonment or both: [Amended in 2004] (a) Printing or distributing any registration card; (b) Altering any registration card; (c) Using or attempting to use at any election, a registration card issued to another voter.

Unlawful Disclosure of Knowledge relating to the vote of any voter: Any party representative or representative of an independent candidate or any individual assisting the voter discloses any knowledge acquired in his capacity as such relating to the vote of any voter is guilty of an election offense and punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both.

Bribery: For the purpose of this title, bribery as an election offense is where any of the following acts is committed:

Offering or cause to be offered money or anything of value or benefit or promise to give anything of value with intent to induce or influence any person; election officer; poll worker in connection with an election which in so doing will tend to affect the true election results;
Receiving money or any valuable consideration; promise for the purpose of influencing any vote or canceling or destroying any ballot paper; ballot box; election writs; a signed register with the intent to defeat the election; and
After close of campaign, and on the day of an election, anyone who offers money or receives money or valuable consideration for the purpose of influencing the voters to vote or not to vote, for a particular candidate.

Any election officer, political party or any candidate or the agent of any candidate or any person who does any of these acts is guilty of an election offense and is punishable by a fine or imprisonment for not more than five (5) years or both. [Amended in 2004] In addition to the forgoing penalty, anyone guilty of bribery as an election offence shall be disqualified from holding any elective public office in the Republic of Liberia or from voting in any elections held under this law for a period of seven years. [Inserted in 2004]

Undue Influence: Any person who, in connection with any election commits or attempts to commit any of the following acts is guilty of an election offense and punishable by a fine or by imprisonment for not more than one (1) year or both. [Amended in 2004]

Threatens any person or persons, officers, procures, suggests, and uses or caused to be used any violence; or inflicts, or caused to be inflicted any injury, corporal punishment, damages, losses or disadvantage on any person or persons in support of a political party or a candidate; or
Publishes by spoken, written, or printed words, or by signing whatever form or any matter intended or tending to prevent any person or persons from the free exercise of their franchise or such acts which threaten, or suggest any damage, loss or disadvantage either in the present or in the future, or on account of a political party or his political opinion; or,
Publishes or exposes, or caused to be published or exposed to public view, at any time between the issuance of an Election Writ and the close of the Poll thereon; any document written or printed matter containing any untrue statement, defamatory of any candidate and calculated to influence the vote of any voter.

In addition to the forgoing penalty, anyone guilty of the aforementioned acts shall be disqualified from holding any elective public office in the republic of Liberia, or from voting in any elections held under this law for a period of seven years. [Inserted in 2004]

Destruction, Removal or Mutilation of Ballot Papers or Boxes: Any person who carries away, destroys, conceals, or mutilates, or attempts to carry away, destroy, conceal or mutilate any ballot paper, register, ballot box, election writ, certificate or returns of any official document made in connection with an election for the purpose of invalidating the result of such election is guilty of an election offense and punishable by a fine or by imprisonment for a period of five (5) years or both. [Amended in 2004]

Incurring Unauthorized Election Expenses Any political party or candidate who incurs any election expenses in excess of the limitation set forth in Section 7.4 of the Elections Law, is guilty of an election offense and is punishable by a fine. [Amended in 2004]

Ballot Paper Fraud I: Any person who falsely impersonates another for the purpose of voting or for the purpose of securing a ballot paper, or who fraudulently defaces a nomination, ballot paper, or who forges any nomination, ballot or alters, or who prints or supplies ballot papers without authority is guilty of an election offences and punishable for a fine or by imprisonment for five (5) years of both. [Amended in 2004]

Ballot Paper fraud II: Any person who fraudulently places any official ballot paper or other paper into the official ballot box, or who fraudulently takes any official ballot paper out of any polling place, is guilty of an election offense and punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment not exceeding six (6) months or both.

Plural Voting at same Election Any person who votes or attempts to vote more than once at the same election is guilty of an election offense and is punishable by a fine not exceeding five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both.
False Statements with Regard to Registration of Claims Applications and Objections Any person who willfully makes a false statement in any objection to registration, a claim or to any name on a registration roll, or who willfully makes a false statement in any registration claim, application, return or declaration, or who signs as the claimant on a claim to register as a voter in the name of any other person, is guilty of an election offense and punishable by a fine not to exceed the sum of five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both.
Witnessing A Registration Claim without Knowledge of Claim to the Facts. Any person who witnesses the claim of a claimant for registration or of an application of an applicant to substitute a statement or qualification, without being personally acquainted with the truth of the statement contained in the claim or application or without satisfying himself by inquiring from the claimant or applicant or otherwise that the statements contained in the claim or application are true, is guilty of an election offense and punishable by a fine. [Amended in 2004].
Failure to Transmit Claim of Another Any person who induces a claimant for registration to give him custody of a signed claim for registration for transmission to

the appropriate registrar of elections or who accepts such custody upon request and fails to transmit such claim to the appropriate registrar of elections without just cause, is guilty of an election offense and punishable by a fine. [Amended in 2004] Anonymous Publications

Publication: — Any person who publishes a handbill, pamphlet, notice or other advertisement relating to an election, which does not include prominently displayed name at the end thereof and address of the person authorizing or publishing it, is guilty of an election offense and is punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both.
Distribution: Any person who knowingly distributes any handbill, pamphlet, notice or other advertisement relating to an election published in violation of paragraph (1), is guilty of an election offense and punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both.
Representatives: Any party representative or the representative of an Independent candidate accredited to the polling place or any person impersonating a representative who violates the provisions of section 4.9 (2), is 39 guilty of an election offense and is punishable by a fine or by imprisonment for three (3) months. [Amended in 2004]
Single Offense: Any person who fails to obey the lawful direction of the NEC Presiding Officer or any poll worker in a polling place on Election Day, or misconducts himself by committing a breach of peace or threat, is guilty of an election offense and is punishable by a fine or by imprisonment for not more than thirty (30) days or by both and shall be removed from the polling place by the NEC Presiding Officer or any person authorized by him. [Amended in 2004]
Re-Entry of Polling Place After Being Removed: Any person ordered to be removed from a polling place by the NEC Presiding Officer or any person authorized by him on Election Day for failure to obey the lawful directions of the NEC Presiding Officer or for misconduct by threat, is guilty of an election offense and punishable by fine of not more than five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both.
Any person who, on Election Day or on any day to which the election is adjourned, in a polling place or within one hundred yards thereof, canvasses for votes, or solicits the vote of any voter, or induces any voter to vote or not to vote for any particular candidate at the elections, is guilty of an election offense and is punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment for not more than six (6) months or both. For the purpose of this section, canvassing for votes shall include the display of any T-shirt, caps, etc. or placard, slogans, signs, pictures, emblems etc. in connection with the candidature of any party or person.
Period of Permissible Withdrawal: Any candidate may withdraw from contesting an election and notify the Elections Commission before ballot papers are printed and before the election writs are issued and served.
Refusal to Serve When Elected Failure to serve when elected is a serious elections offense by anyone and is punishable by a fine or imprisonment for a period not exceeding five (5) years or both. [Amended 2004]
Stirring Up Unrest and Rebellion in Lieu of Protest After Declaration of Election: Results Failure by a candidate or a political party to file and prosecute an election protest within the time allowed by this title, is a waiver and ends the right of such candidate or political party to do so. Any candidate or a political party failing to take advantage of the provisions of this title relating to election contest and after the expiration of the time allowed to do so, resort to the dissemination of propaganda which contains statements intended to create political unrest, disloyalty or subvert the constituted authority of government; or to bring the government into disrepute at home or abroad; to oppose and refuse to recognize the government on account of disagreement with the elections results, or by commenting on the election in any manner or form intending to discredit its results to which no contest or protest had been filed, constitutes an election offense for the purpose of this title.

Any candidate or any political party found violating any of the provisions of this Section, shall be guilty of an election offense and is punishable by a fine and imprisonment of the candidate of the candidate or the leaders of the political party or parties involved for not more than ten (10) years.

Notwithstanding, the pendency of any criminal proceeding against such candidate or political party in the courts of justice or the payment of such fine for the Commission of such election offense, the Commission, upon petition of the Minister of Justice, or on its own motive, may revoke the certificate of such political party or parties involved upon proof of the violation. [Amended 2004] In addition to the foregoing penalty, any person who is guilty of stirring up unrest and rebellion in lieu of protest after declaration of election results shall be disqualified from holding any elective public office in the Republic of Liberia, or voting in any elections held under this law for seven years. [Inserted in 2004]

Notwithstanding the Penalty Provided to be Punishable: Notwithstanding, the penalty provided in this Section – any such violator may be attached in contempt and punished accordingly.

Freedom of Travel throughout the Country and the use of Public Facilities by Political Parties.

Political parties, without any molestation whatsoever by official action are privileged to travel throughout the length and breadth of the country to canvass for membership or for elective public office and to hold and conduct orderly meetings and political rallies to raise funds or for any lawful purposes in the free exercise of their political franchise being responsible for the abuse of such privilege. They shall be entitled to appropriate security protection when timely public notice is given. Political parties are also privileged to use, and shall not be denied the right to use any public building or such public facilities necessary and appropriate for their purpose, a timely request shall first be made to the appropriate authorities. Any person or persons using their official power to molest the free travel to any part of the country of a political party or persons accredited by such party to travel to any part of the country, or after a public notice of the holding of an orderly political meeting or rally shall have been given, and after a public notice of the holding of an orderly political meeting or rally shall have been given, and after being granted due permit by the Ministry of Justice, any person or persons by any means molesting the holding of any such meeting or rally or to denying or refusing to allow the use of any public facility to any political party involved shall be subject to a fine upon proved complaint of the political party affected or involved. In any election year and upon declaration of the opening of campaign by the Commission and during such period, any person or persons violating any of the provisions of this section shall be guilty of an election offense and punishable by a fine of ($500.00) five hundred dollars to be paid forthwith. Notwithstanding any such administrative action should any damage result by the misconduct of any person or persons, the party or person so affected shall have a civil remedy under the appropriate provision of the Civil Procedure Law Revised.

Abusive and Profane Language and Slogans as an Election Offense: It shall be an election offense for political party, when having their political rallies or demonstrations to abuse another political party or its leaders by the use of profane language or slogan tending to reflect on such party or its leaders or a particular ethnic group or groups. [Amended in 2004].

Unfair Political Practices: Under the multiparty system provided under the Constitution, every citizen of legal age of this Republic is entitled to join any political party of his choice and may resign therefrom for any reason without molestation. Administrative officials, military and para-military personnel or any personnel or person or persons shall be guilty of an election offense if they arrest, detain, maltreat, interfere with any citizen because of the exercise of his political rights to join a party of his choice or because he refused to join a party in power or because he is seeking membership in another party, or being a member of a party in power, resigned therefrom in the exercise of his political franchise or being such a member befriend a member of any opposition party, any administrative official, military or paramilitary personnel or any other person or persons in support of a particular party or candidate who shall violate any of the provisions of this section shall be guilty of an election offense. and punishable by a fine of a five hundred ($500.00) dollars in case of a person other than an employee or an official or government and in the case of an official of government, military or paramilitary personnel, he or they shall be summarily dismissed from office upon the recommendation of the Commission. Should there be any injury sustained from such misconduct or damage or loss suffered, the affected person or persons shall be entitled to Civil remedy at law.

Unlawful Election Propaganda (1) Prohibited Acts: It shall be an offense against the Elections Law for any organized political party to do any of the following:

Disseminate propaganda which contains false statements intended to: i. Create unrest; disloyalty; rebellion or terrorism among the Liberian people; ii. Overthrow or subvert the authority into disrepute at home or abroad; or
Publish: i. Anonymous writings affecting or commenting on the conduct of an election; or ii. Allegations derogatory to the Government without affixing thereto the name of the publisher or writer; or
Engage or consent to the engagement of aliens as members or officials of an organized political party or independent candidate.

(2) Liability of Members: Any member of a registered political party or independent candidate who directs, or with knowledge of the purpose thereof, participate in the unlawful acts defined in paragraph (1) above, shall be subjected to a fine or imprisonment for not more than five (5) years or both. [Amended in 2004].

Civil Sanction: Notwithstanding that criminal proceeding may be pending in court in respect of any violation of Section 10.18 by a political party, upon receipt of clear evidence of the violation, the Commission, upon petition of the Minister of Justice or on its own motion, may outlaw such political party or parties and revoke their certificate. An appeal may lie from the determination of the Commission to the Supreme Court en banc, if notice of appeal is served and filed with the Commission within sever (7) days after its determination is made. If such an appeal is taken, the Chairman of the Commission shall immediately notify the Chief Justice of the Supreme Court, who shall summon the Associate Justices in an extraordinary session if not sitting in term to hear and determine such appeal as expeditiously as possible.

Penalty for any Offense Not Provided A violation of any provision of this Title for which no other punishment is provided, is punishable by a fine. [Amended in 2004].

Election Offenses Punishable by Fines Wherever this Law refers to election offences punishable by fines: (a) With respect to election offences committed by a political party, including alliances and coalitions, the fine shall not be less than the Liberian dollar equivalent of US$2,500 (two thousand five hundred US dollars) and not exceed the Liberian dollar equivalent of US$50,000 (fifty thousand US dollars). [Amended in 2004] (b) With respect to election offences committed by a natural person, the fine shall not exceed the Liberian dollar equivalent of US$500 (five hundred US dollars). [Amended in 2004]

CHAPTER 11: BUDGETARY APPROPRIATIONS FOR THE NEC

Election Expenditure to be Charged on the National Revenue The election expenditure and the recurrent expenditure of the National Elections Commission (including salaries and allowances of the employees) shall be a charge upon the National Revenue of the Republic of Liberia. [Inserted in 2004].

Submission of Annual Budget and Establishment of Account by NEC

The NEC shall submit an annual budget to the NTLA for consideration and approval. [Inserted in 2004]
Upon approval of the budget and for the purposes of the 2005 elections, the Chairman of the NTGL shall cause the funds to be paid quarterly, in a timely manner, according to the planned expenditure, into an account established by NEC. [Inserted in 2004]

Publication of Annual Plan and Audited Accounts:

The NEC shall publish annually an updated strategy, together with an annual plan to which shall be attached the funding provision for that year, as agreed with the Budget Bureau; and [Inserted in 200
At the end of each year, the NEC shall publish an annual report and an externally audited set of accounts, which shall relate to its achievements and activities against the annual plan. [Inserted in 2004]
The report shall reflect, in addition to Liberian government, sources and usage of external funds and other resources. [Inserted in 2004].

Establishment of Finance and Audit Committee: The NEC shall establish a Finance and

Audit Committee to oversee spending and provide assurance of regularity and propriety.

[Inserted in 2004]

Section 2: This Act shall take effect immediately upon publication in handbills.

2.3.2 AN ACT TO AMEND CERTAIN PROVISIONS OF THE 1986 ELECTIONS LAW

SECTION 1: GENERAL PROVISION

CHAPTER 2: NEC ORGANIZATION AND ADMINISTRATION

CHAPTER 3: VOTERS REGISTRATION AND VOTERS UPDATE

CHAPTER 4: CONDUCT OF ELECTION

CHAPTER 5: COMPLAINT

CHAPTER 7: ELECTIONS EXPENSES

CHAPTER 7: ELECTION CAMPAIGN EXPENSES

CHAPTER 10: ELECTION OFFENCES

CHAPTER 11: BUDGETARY APPROPRIATIONS FOR THE NEC

AN ACT TO AMEND CERTAIN PROVISIONS OF THE 1986 ELECTIONS LAW

NOW THEREFORE:

It is enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature assembled:

Section 1: That from and immediately upon the passage of this Act, certain provisions of the 1986 Elections law are hereby amended.

CHAPTER 2: NEC ORGANIZATION AND ADMINISTRATION

Section 2.1 Office of the National Elections Commission

The National Elections Commission, as an autonomous public commission established by the Constitution of Liberia, shall be under the direction and management of seven (7) Commissioners appointed by the President of Liberia, who shall appoint one of them as Chairman and another as Co-Chairman. All of the appointments shall be subject to the consent of the Senate.

Section 2.9(f): Powers and Duties

(f) To suspend the registration and accreditation of a registered political party in accordance with Chapter 5

Section 2.9 (v)

(v) The Commission shall employ the officers and staff necessary for the performance of its duties through an open and transparent selection process.

Section 2.9 (w)

To issue citation for the appearance before it of any political party or its leaders, or other natural persons in connection with any complaint cognizable before it;
To issue subpoenas for the purpose of having witnesses to appear and or to produce documents or any other form of evidence in any hearing,
To punish for contempt for any obstruction or disobedience of its orders by a fine in an amount of the Liberian Dollar equivalent of not less than Two Thousand Five Hundred United States Dollars (US$2,500.00) and not more than Fifty Thousand United States Dollars (US$50,000.00) in the case of a political party, alliance or coalition; or not more than Five Hundred United States Dollars (US$500.00) in the case of a natural person.

The following subsection 2.9(y) is added after subsection 2.9(x):

(y) To conduct programs to educate the citizens of Liberia about elections and referenda and their democratic rights related to them; and to inform them about voter registration events and election and referendum events.

Sub-Chapter A: Duties of the Chairman and Co-Chairman

Section 2.10 Chairman (c) which reads:

For the purpose of expediting the hearing and determination of all election offenses; and other business of the Commission shall apportion the Republic into five (5) administrative areas and assign a commissioner to an area who shall, in consultation with the Commissioner en banc, direct and supervise all election activities in his area of assignment including the hearing and determination of election offenses arising therefrom which determination having been previously approved by the Commission shall be final.

Is hereby amended as follows:

(c)The Chairman shall apportion the Republic into administrative areas and assign a Commissioner to each area to oversee election activities in the area and advise the Commission on all decisions related to the area, provided however that a Commissioner shall not be assigned to his or her area of origin.

Section 2.12 Legal Section which reads:

There shall be established in the office of the Commission, a Legal Section which shall be the legal arm of the Commission.

Is hereby amended as follows:

Section 2.12: Legal staff

The Commissioner shall appoint Legal Counsels and Research Officers of the Legal Section by an open and transparent selection process.

Section 2.19 which reads: Appointment and Tenure:

The President shall nominate, with the consent of the Senate, appoint an Executive Director; He shall serve at the pleasure of the President.

Is hereby amended as follows:

Section 2.19: Appointment of Executive Director

(I) The Commissioners shall appoint the Executive Director by an open and transparent selection process. The appointment shall be endorsed by a vote of not less than two thirds (2/3) of the Commissioners voting in favor.

(2) The Executive Director may be dismissed for proven misconduct by a vote of not less than two thirds (2/3) of the Commissioners voting in favor.

CHAPTER 3: VOTER REGISTRATION AND VOTER UPDATES

Section 3. I(c): V Thou May Register: which reads:

Production of a certificate of naturalization to be accompanied by all relevant legal documents from the court;

Is hereby amended as follows:

(c) Production of an original or certified copy of a certificate of naturalization; The last paragraph of Section 3.1 which reads:

Every voter shall be allowed to vote only in the voting precinct of the electoral district for which he/she is registered.

Is hereby amended as follows:

A person must register to vote at a voter registration center established by the NEC for the place where he or she ordinarily resides and must vote at the polling place established by the NEC for voters registered at that center. There is added a Sub-Chapter 3.1 A

3.1 A Voter Registration and Voter Updates

(l) The Commission shall carry out voter registration for eligible citizens.

(2) The Commission shall carry out voter registration update periodically.

There is added a Sub-Chapter 3 A as follows:

SUB-CHAPTER 3A CANDIDATES Section 3 A. 1: Qualification of Candidates

A person qualified to be registered to vote may be a candidate in an election for all elected offices if he/she is: domiciled in the constituency for which he or she will be a candidate for at least one year, that is to say twelve (12) months prior to the Election day, and is a regular taxpayer.

CHAPTER 4: CONDUCT OF ELECTIONS

Section 4. I (2): Voting Precincts: which reads:

The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed two thousand (2000).

Is hereby amended as follows and to include subsection three (3):

The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed three thousand (3000).
No change in the definition of a constituency or a voting precinct shall apply to an election if the election day is less than 12 months after the day the change is published, unless the Commission announces, at least 120 days before the election day, that all necessary preparations can be made to allow the changes to apply to the election.

Subsection 4.2(1) (a) which reads:

The Commission shall designate Polling Places in each constituency to serve the voting precincts. A change of Polling Place after due designation may be made by the Commission on giving at least forty-eight (48) hours’ notice to the voters affected thereby.

Is hereby amended as follows:

The Commission shall determine and publish the location of Polling Places to serve the voting precincts. The location of a Polling Place may be changed by the Commission if it determines that it is necessary. The Commission shall post signs showing the new location at least a week before the start of polling, unless the change is caused by an emergency in which case signs for the new location shall be posted as soon as possible.

Section 4.5 (1) is amended by adding the following subsections (la); (1b); and (Ic) after subsection (I):

(la) The list of candidates sent by a political party to the Commission for an election must include a candidate for at least half of all the constituencies in the election.

(1 b) A political party or coalition in its submission to the commission, of its list of candidates for an election should endeavor to ensure that the governing body and its list of candidates has no less than 30% of its members from each gender.

(l c) A list of candidates submitted to the Commission for an election should endeavor to have no less than 30% of the candidates on the list from each gender.

Paragraph 4.5(3): which reads:

The list shall be received by the Commission not later than eight (8) weeks before the election.

Is hereby amended as follows:

4.5(3) The list of candidates shall be received by the Commission no later than ninety (90) days before the election day.

Chapter 4 subsection 4.7 is hereby amended by adding, Section 4.7 A and Section 4.7 B as follows:

Section 4.7 A: Period of Permissible Withdrawal

A candidate may withdraw from contesting an election by giving a written notice to the Commission no later than seven (7) days after the last day for receiving nominations under section 4.5, and a withdrawal notice after this date is void.

Subsection (1) does not apply to the second round of a presidential election. Section 4.7B: Death of a Candidate

(I) If a candidate nominated by a political party dies before the last date that withdrawals are permitted, the party may give the Commission written notice of a substitute candidate to be entered on the ballot, with all information required by the Commission, not later than seven (7) days after the death.

In an election for President, if a candidate nominated by a political party dies between the close of the first round of voting and the announcement of final results, and is either the one who wins the election in the first round or is a candidate in the second round, the election shall be held again, at the earliest date practicable, as determined by the Commission, and the Commission shall allow seven (7) days for the party whose candidate died to nominate another candidate.

Section 4.10 is amended by renumbering it as 4.10(1) and adding thereafter subsections (2) and (3) as follows:

No one other than the elections officers, the party representatives appointed under paragraph (1) of section 4.9 and accredited by the NEC, the elections observers, police officers or other persons accredited or authorized by the NEC, and voters voting or about to vote shall be permitted to enter in a polling place during the polling.
During the polling and counting, a representative of a party or candidate shall not interfere with or delay the presiding officer or other officials in their duties nor insist that they follow a request made by the representative. A representative who is not satisfied may make a written complaint under section 5.9.

Section 4.11 At the Opening of the Polls which reads:

At the opening oft-he polls, the ballot box shall be opened and presented to the public including representatives of political parties and/or independent candidates for inspection. After it has been confirmed that the box is completely empty, it will be locked and disposed in opened view of the public. The serial number of any ballots issued shall be recorded by the clerk on the Tally sheet.

Is hereby amended as follows:

At the opening of the polls, the ballot box shall be opened and shown to all voters, representatives of political parties or independent candidates and election observers who are present in the polling station. After it has been confirmed that the box is completely empty, it shall be closed, sealed and placed in open view of the voters.

The serial numbers on the seals shall be read and recorded by the presiding officer. Party and candidate’s agents as well as observers may record the serial numbers of the seals.

Section 4.12 At the Close of the Polls which reads:

Following the close of the polls, the NEC Presiding Officer shall in the presence of representatives of parties or candidates appointed under section 4.9 and 4. 10:

Is hereby amended as follows:

Following the close of the polls, the Presiding Officer shall, in the presence of all accredited representatives of parties or candidates and all accredited election observers who are present: Section 4.12: At the Close of the Polls: Sub-sections (b), (c) and (d) read

Cause the tabulated register to be made in triplicate signed by the NEC Presiding Officer, his clerk, the representatives of political parties and/or independent candidate(s). The original copy shall be inserted into the ballot box, locked and sent to the Commission through the Magistrate of Elections and the third copy shall be kept by the NEC Presiding Officer of the Poll.
Cause the ballots cast to be tabulated with the recorded serial numbers.
All ballot papers cast at the election, shall, other than questioned ballots, placed in the ballot box; and

Are hereby amended as follows:

Paragraph (b) is hereby amended as follows:

cause four (4) copies of the tabulated register to be made and signed by the NEC Presiding Officer, his Clerk, and the representatives of political parties and/or independent candidate(s) present, who wish to sign it. The original tabulated register shall be placed in a tamper evident envelope and sent to the Commission through the Magistrate. The first copy shall be placed in an envelope and inserted in the ballot box; the second copy shall be posted by the NEC Presiding Officer on the wall of the polling center; the third copy shall be given to the candidate with the highest vote, and the fourth copy shall be given to the candidate with the second highest vote;

Paragraph (c) is hereby amended as follows:

Using the form prescribed by the Commission, reconcile the disposition of all ballots by totaling:

the number of valid votes for each candidate,
the number of spoiled ballots,

the number of ballots determined to be questioned as invalid or blank, and

the number of unused ballots and verifying that the total equals the number of ballots issued to the polling place;

Paragraph (d) is hereby amended as follows:

(d) place all ballot papers cast at the election in the ballot box; and

Section 4.13 Question Ballots, is hereby amended by adding the following subsection:

(IA) Notwithstanding paragraph (I), if the voter’s choice of candidate is clear, the ballot shall be counted as a valid vote for that candidate, even if the voter has not made a mark in the box provided, or has not made the correct mark, or there are other marks on the ballot, other than a mark that identifies the voter.

Chapter 4 is amended by adding the following Section.

Section 4.15A: Tied Result

If, after completion of the counting and tabulation and the final determination of all complaints that could affect the result, the votes for the leading candidates in a constituency are equal, the Commission shall order that the voting be repeated for that constituency at a time and on conditions set by the Commission.

Chapter 4 is amended by adding Chapter 4A as follows:

CHAPTER 4A CONDUCT OF REFERENDUM

Section 4A.1: Voters in a Referendum

The voter Registration Roll prepared by the Commission for elections under this law shall be used for referenda.

Section 4A.2: System for Referendum

The provisions of this law relating to voting, challenges, counting, complaints and announcement of results in an election apply to the conduct of a referendum with such changes as are necessary, as provided by the Commission by regulation.

Section 4A.3: Referendum Ballot

The ballot for a question in a referendum shall show the question or proposal to be voted on as set by the Constitution or by law, and may also show a simple explanation of the question or proposal, as determined by the Commission.

Section 4A.4: Referendum Result

The fraction of two thirds (2/3) required for approval ofa question in a referendum is calculated by dividing the number of valid votes cast in approval of the question by the total of the valid votes cast on the question.

CHAPTER 5: COMPLAINTS

Chapter 5 is amended by adding thereto sections 5.9, 5.10, 5.11, 5.12, 5.13, 5.14, as follows: Section 5.9: Right to make a complaint

A voter, candidate or a registered political party may file a complaint with the Commission alleging that an offence against the Constitution or the Elections law or a violation of a regulation issued by the Commission has occurred in connection with the administration of an election, during any stage of the election. A complainant must first exhaust all remedies before the National Elections Commission, and an adverse decision must be made by the Commission, before the complainant may proceed to the Supreme Court.

Section 5.10: Time and place to file a complaint

A complaint must be submitted no later than seven (7) days after the time the offence or violation was witnessed, in writing signed by the witness, accompanied by any evidence the complainant has, and shall be submitted by delivery:

to the Commission at its head office in Monrovia, or
to the office of the Magistrate in the county where the offence or violation is alleged to have occurred, or
on election day, to the presiding officer of the polling place where it is alleged to have occurred.

Section 5.11: Complaint forms

The Commission may provide complaint forms at places convenient to voters, but a complaint in any written form may be submitted if it contains the information required.

Section 5.12: Hearing and Determination of Complaints

(I) The Commission may, by regulation, specify the complaints that must be sent to the Commission for determination and those that may be determined by a Magistrate.

(2) A Magistrate may not determine a complaint against himself or herself, but shall send any such complaint to the Commission.

(3) The Commission may appoint hearing officers to assess, investigate and assist Magistrates to determine complaints, and a chief hearing officer to make an initial determination on complaints to the Commission.

A decision by a Magistrate may be appealed to the Commission, within 48 (forty eight) hours after the posting of the decision by the Magistrate.
A decision by a Chief Hearing Officer may be appealed to the Commission within forty- eight (48) hours after the posting of the decision by the Magistrate.
A decision of the Commission on an appeal from the decision of a Magistrate or Chief Hearing Officer may be appealed to the Supreme Court within 48 (forty-eight) hours after the posting of the decision.

Section 5.13: Decisions on complaints by the Commission

In hearing an appeal on a complaint, the Commission may do any one or more of the following:

dismiss the complaint;
order that a ballot box be opened and re-counted;
order a re-vote at a polling place or polling station;
refer a complaint to the Minister of Justice for prosecution if it believes that there is credible evidence of a crime, or
order a punishment within the authority of the Commission under this law.

Section 5.14: Subsequent Prosecution

A determination by a Magistrate or the Commission that a person has committed an offence or violation and the imposition of a sanction does not bar a prosecution against that person for a crime based on the same facts.

Chapter 5 is amended by adding Chapter 5A, as follows:

CHAPTER 5A: REVIEW OF PARTY RESULTS

Section 5A.l : A Political Party or Independent Candidate shall be suspended if the candidate/s nominated in an election for the Presidency or a seat in the Legislature receives insufficient support in that election thereby resulting into:

none of the party’s candidates is elected, and
the total of all valid votes cast for the candidates nominated by the party is less than two percent (2%) of the total of all valid votes cast for all candidates in the constituencies in which the party contested, the Commission shall suspend the party’s right to nominate candidates for the next two (2) elections for the same office.

(2) If an independent candidate has contested an election for President or a seat in the

Legislature and, in that election

the candidate is not elected, and
the total of all valid votes cast for the candidate is less than two percent (2%) of the total of all valid votes cast for all candidates in the constituency that the candidate contested, the Commission shall suspend the candidate’s right to be a candidate in the next two (2) elections for the same Office.

(2) Paragraph 5A (I) does not apply to a political party that, at the time of the election had a member continuing to hold office as President or as a member of the Legislature.

Section 5A.2: Appeal

A decision to suspend the right of a political party or a candidate to contest elections may be appealed to the Supreme Court.

Section 5 A.3: De-registration

A political party shall be de-registered only upon the judicial determination of a court of competent jurisdiction in accordance with due process of law.

CHAPTER 7: ELECTION EXPENSES

Is hereby amended as follows:

Chapter 7: ELECTION CAMPAIGN EXPENSES

Section 7.2: Remittance of funds from outside Liberia to Political Parties or Independent Candidate: Restriction which reads:

There shall be no remittance of funds or other assets to any political party or organization, or an independent candidate from outside Liberia, unless remitted or sent by Liberian Citizens residing abroad. Any funds or other assets received directly or indirectly in contravention of this restriction, shall be turned over or transferred to the Commission within twenty-one (21) days of receipt to be kept in escrow in a designated bank, after thorough investigation has been made, such funds shall be turned over to the political party or organization or independent candidate to whom the money was sent if not, in contravention of this restriction.

Is hereby amended as follows:

I) No person shall contribute funds or other assets to any political party or independent candidate from outside Liberia, unless they are the property of a Liberian citizen who has attained the age of eighteen (18) years.

Funds or other assets that appear to contravene paragraph (1) shall be transferred to the Commission by the party or independent candidate within seven (7) days of receipt to be kept by NEC in escrow.
After investigation, NEC shall return the funds or assets to the party or independent candidate whom they were, if the contribution was not in contravention of paragraph (1), and if it was in contravention, shall return them to the person who sent them, or deal with them as ordered a court.

Chapter 7 hereby amended by adding Sections 7.5, 7.6, 7.8, 7.9, 7.10, 7.11, as follows:

Section: Election Campaign Contributions and Reports

7.5. (I) No artificial person shall contribute more than US$ 100,000.00 or its equivalent in Liberian Dollars in total to a party and its candidates or to independent candidates for use in an election campaign.

(2) Every registered political party that has nominated a candidate and every independent candidate shall maintain a record of contributions in the form prescribed by the Commission.

Section 7.6: Election Campaign Expenses and Reports

Every registered political party that has nominated a candidate and every independent candidate shall maintain a record of every expense incurred in the election campaign of the party or independent candidate in the election campaign in the form prescribed by the Commission.

Section 7.7: Reports of Contributions and Expenses

Every registered political party that has nominated a candidate and every independent candidate shall report to the Commission the contributions recorded under Section 7.5 and the expenses recorded under section 7.6, in the form prescribed by the Commission.

Section 7.8: Regulations:

The Commission may make regulations:

Specifying the form, content and timing of reports of contributions expenses to the Commission under this Chapter, and
Defining contributions to include the fair market value of goods, services and loans that are provided.

Section 7.9: Reports published by the Commission:

The reports of expenses and contributions for an election campaign submitted under Section 7.7 shall be published by the Commission.

Section 7. 10: Enforcement of Reporting of Contributions and Expenses

(I) The Commission shall fine all participants (Political Parties, Independent Candidates and Coalitions) who do not submit their final contributions or expenses report as stipulated in the guidelines. This fine shall be at least US$ 1, 000.00 or at most US$ 5,000.00 or its equivalents to Liberian Dollars.

(2) In the case of a defeated candidate, the candidate shall be barred from participating in subsequent elections until the reports are submitted to the Commission as required by this Chapter.

Section 7.11: Currency

In this Chapter, where amounts are expressed in United States Dollars (US$) these amounts may be calculated or applied in Liberian Dollars at the rate at the time, set by the Liberian Central Bank.

CHAPTER 10: ELECTION OFFENCES

Chapter 10 is amended by adding the Section 10.2A.

The following acts shall constitute malfeasance, punishable under this chapter,

(a) Influencing or attempting to influence the result of any election to include the trucking of voters.

10.2A: Use of State Resources

(l) In this section “state resource” means:

any physical, electronic or other resource including, but not limited to land, buildings, vehicles, aircraft, vessels, or any equipment, transportation or communications system or other resource owned, leased to or otherwise available to any part of the Government of Liberia and used primarily by it,
the services of any officer or employee of the Government at a time when that officer or employee is on duty, or

(2) No candidate or political party shall use a state resource in an election campaign or in preparation for an election campaign, except a state resource that;

is made available to all candidates and political parties for the election, or
is generally available to the public and is provided on the same terms as to the public.

(3) Paragraph (2) does not apply to the use of a state resource that is unavoidable because of the fulfillment of a duty of public office, if the user reimburses the Government for the use of the resource for the campaign.

Section 10.25 is amended by adding Sections 10.25A, 10.25B, 10.25C as follow:

Section 10.25A: Attempts, Assistance or Conspiracies

Any person who attempts, or assists another person(s) or conspires with another person(s) to commit an offense under this law, is guilty of an election offense.

Section 10.25B: Duty of Parties and Candidates re-offenses and violations

(I) Every political party, party nominated candidate and independent candidate shall:

take reasonable steps to ensure that their representatives and supporters and, in the case of parties, their members and officers are made aware of the offenses under this law and the violations prescribed in regulations issued by the Commission; and
instruct their representatives and supporters and in case of parties, their members and officers not to commit offenses or violations.

(2) A political party, party nominated candidate or independent candidate who fails to comply with paragraph (l):

is guilty of an election offense punishable by a fine in accordance with Sections 10.2 and

10.26; and

if an offense under this law or violation of a regulation is committed by their representatives and supporters or, in the case of parties, their members and officers, may be found to be jointly liable to the offense or violation and be subject to punishment by a fine in accordance with Sections 10.2 and 10.26

Section 10.25 C: Obstruction of election process

A person has obstructed the election process if he/she obstructs the Commission or any of its officers in the administration of an election under this Law by:

Willfully failing to deliver or delaying the delivery of any items or services in which he/she had been contracted to provide, in accordance with the contract; or

Willfully denying, delaying or obstructing access to premises that he/she had been contracted to provide, in accordance with the contract;

Commits an election offence punishable by a fine;

Willfully blocking of immediate access into and out of voting centers;

Willfully blocking the driveways and highways, street(s) to voting places and to NEC offices;

Removal of voters Roll or Post;

CHAPTER 11: BUDGETARY APPROPRIATIONS FOR THE NEC

Section 11.2 Submission of Annual Budget and Establishment of Account by NEC which reads:

The NEC shall submit an annual budget to the NTLA for consideration and approval.
Upon approval of the budget and for the purposes of the 2005 elections, the Chairman of the NTGL shall cause the funds to be paid quarterly, in a timely manner, according to the planned expenditure, into an account established by NEC.

Is hereby amended as follows:

Section 1 12: Submission of Annual Budget and Quarterly Release of Funds

(l) The Commission shall submit an annual budget for the Commission directly to the Legislature of Liberia for consideration and approval.

(2) The Minister of Finance shall, on or before July I and January I in each fiscal year, cause the amounts approved for the following half year for the general administration of the Commission and for preparing for and conducting elections or referenda, to be paid into an account established and operated by the Commission.

This Act shall take effect immediately upon publication into handbills.

2.3.4 BUDGET ACT FY-2018/2019 (SECTION: 9)

BUDGET FOR THE FISCAL PERIOD BEGINNING JULY 1, 2018 AND ENDING JUNE 30, 2019 PROVIDING FOR THE EXPENDITURE OF THE GOVERNMENT OF THE REPUBLIC OF LIBERIA

SECTION 9: MANAGEMENT OF THE COUNTY & SOCIAL DEVELOPMENT FUNDS

For the purpose of managing and controlling the County Development Fund and Social Development Fund, each county shall establish and manage, at a local a local bank, a County Development Account in the name of the county.

Complementary to the terms and conditions of other agreements appertaining thereto, all funds allocated in this budget directly to a county as County Development Funds (CDF) and/or as Social

Funds (SDF), and any other funds collected in the name and on behalf of the county, directly or indirectly, shall first be deposited into the County Development Fund Account provided for in this budget. Allocation, disbursement and utilization of said CDF, SDF, or other funds shall be determined and expressed in a Resolution of, and by, the County Council as provided for in this Act.

The County Development Account of each county is subject to all banking regulations and financial audits as provided for by Law. The authorized signatures on each county account shall be as follows:

Al Signature: The County Assistant Superintendent for Fiscal and Financial Management as principal authorizer; or the instead

A2 Signatures: The County Superintendent

B1 Signature: The Project Management Committee (PMC) Chairperson recruited by the County Council in accordance with the procedures set herein, as second principal authorizer, or in the stead,

B2 Signature: The PMC Treasurer recruited by the County Council.

All withdrawals from a County Development Account shall require the authorization of the first and second principal authorizers or; their steads as designated in this Act in accordance with P F M Law and all guidelines appertaining thereto consistent with generally accepted accounting principles applicable in Liberia. A withdrawal authorized by a principal and a stead in same category shall not be valid or legal.

The Minister of Finance and Development Planning shall, based on Resolution of each County Council, issue allotments against the amounts appropriated in the budget if:

i A full Accounting of previous amounts have been made consistent with PPCC and PFM Laws; and

The Minister of Finance and Development Planning shall not make payments to a county unless previous disbursements have been fully accounted for. The County Superintendent shall provide copies of all financial reports and Operational Reports to the County Legislative Caucus for its information.

Upon issuance of the allotments, the County Superintendent shall raise the necessary vouchers or requests and present same to the Minister of Finance and Development Planning for deposit of the funds into the County Development Account for disbursement.

Notwithstanding the authority conferred on the Minister of Finance and Development Planning, neither the Minister nor any official of Government shall have the singular authority to defer payment of, or refuse to disburse, county funds without consultation with the Superintendent Council and the County Legislative Caucus.

Access to all county funds shall be upon Resolution of the County Council (CC)

Mandate of the County Council:

Each county shall have a County Council, which shall serve as the highest decisionmaking body of the county on matters of development and fund-management. The primary mandate and duty of the County Council shall be:

To determine the most equitable and effective method of allocation or application of county funds which will induce rapid and sustainable improvement in the physical conditions on ground and in the lives of the general population of the county or a segment thereof. Allocations for administrative cost of the PCM for overhead and other costs shall not exceed ten percent (10% of funds allocated in the budget as CDF and SDF;

To decide on, and target, specific areas and types of programs and projects on which the development funds are to be spent;

To elect a 3-member Project Management Committee (PMC), once every three years, comprising a Chairperson; a Treasurer; and a Comptroller. The

Council shall define criteria for qualification to contest the positions of PMC Treasurer and PMC Comptroller -said qualification being based on professional training and working experience in the field of accounting; and for the position of PMC Chair, the following qualifications shall apply:

A minimum of 3 years of demonstrated working experience in the area of project management or related fields, or its equivalence; and
Residency of the indicated county prior to assumption of post or willingness to promptly relocate after the election process; and

iv Review and assess level of progress on on-going development projects in the county, with the objective of taking decisions and/or measures that will rectify any delays in disbursement, or abuse in the application of allocated development funds.

Decision of a siting of the County Council shall be expressed in the form of Resolution, which shall be signed by the heads of delegations attending the sitting; the presiding officers of the sitting; witnessed by the County Superintendent or, in the stead, the County Development Superintendent; attested by majority members of the County Legislative Caucus.

Once the Council has allocated funds to an area, it shall be the responsibility of the citizens of the targeted area to meet and appoint a Project Management Team (PMT), which shall coordinate the planning of all activities relating to the project(s) for their area, and the processing of documents to relevant and concerned entities in compliance with all PPCC and PFM regulations. The PMT, which serves as the project monitoring and evaluation team of the target area, shall report to the citizens of their respective areas and to the PMC progress of the project which shall serve as the trigger for timely payments to contractors.

The Superintendent shall submit, to the County Legislative Caucus, quarterly reports on the status of all ongoing and completed projects Funded from the County Development Account.

Convening of the County Council
1. The County Superintendent, in consultation with the County Legislative Caucus, shall convene, in the Capitol City of the County, sittings of the County Council any time after passage of the annual budget. The Superintendent shall ensure that extensive publicity, through all media platforms — radio and TV; print; and social media — is given to the convening of a sitting to encourage maximum participation.

The County Sitting shall be attended by an equal number of officials and opinion leaders from each of the electoral districts, to include traditional communities, Statutory Districts, Administrative Districts, and/or Municipalities, whichever is considered most inclusive and broadest for consultative participation in the county by the county Legislative Caucus in consultation with the Superintendent Council.

Standing Protocol and Agenda for a formal Sitting of the County Council, without which the Sitting is without legitimacy:

Acknowledgement of the Delegates by the County Superintendent or, in the stead, the County Development Superintendent, and presentation of the Gavel to the Chairperson of the County Legislative Caucus present;

Prayer led by any person called upon;

The County Council shall be presided over by the Legislative Caucus Chair or the CoChair.

Reports and briefings by the County Legislative Caucus; report and briefing by County Superintendent; report and briefing by the PMC; report and briefing by sectoral agencies and other institutions; and presentation of development proposals and issues from delegations;

General Discussion and Debate by Delegates on the presentations ‘and reports received;

Conclusion and adoption of Resolution; and

Signing of the Resolution

Presentation of resolution of the County Sitting to the County Legislative Caucus; and return of the presiding Gavel to the caucus chair, who intend should present the resolution to the County Superintendent and return the presiding Gavel to the County Superintendent; and

IX: Distribution of the resolution and the adjournment of the Sitting by the County Superintendent

Delegates to the County Council

Equal number of officials and opinion leaders from each of the administrative districts to include traditional communities, Statutory Districts, Administrative Districts, and/or municipalities, whichever is considered most inclusive and broadest for consultative participation in the County by the Superintendent, in consultation by the County Legislative Caucus;

Delegation should include a broad representation as determined and ensured by the District Administration;

Identification of potential Development projects;

At every County Council Sitting, projects identified and resolved upon shall be reflective and/or consistent with the assessed County development needs. County Development Agenda, or and any other relevant development document.

Role of the Civil Society and Community-based Organizations;
1. Civil Society Organizations, preferably community based, shall play a more proactive monitoring role the county sittings and ensure that the projects identify and other issues resolve are properly implemented;

At their own cost, Civil Society Organizations (CSOs) shall monitor the implementation of the CDF & SDF projects.

Mandate of the Project Management Committee (PMC): The primary mandate of the Project Management Committee (PMC) elected by the County Council shall be:
1. To serve as the technical arm of the County Council in identifying and costing of projects;
2. To oversee and coordinate implementation of all approved projects;
3. To ensure that transaction documents relating to the spending of the County

Development Funds and Social Development Fund are in conformity and compliance

with the Public Procurement and Concession Act and budget implementation regulations:

To ensure that the County Development Funds and Social Development funds are spent only on County Development activities
To make quarterly reports on the status of implementation of the Council

Resolutions and submit said reports to the County Superintendent the County

Legislative Caucus; and the County Council (INSESION); and

To execute other functions as determined by the County Council in the form of Council Resolutions.

The primary duties of members of the PMC shall be:
1. The Chairperson shall supervise and preside over the affairs of the said PMC;
2. The PMC Treasurer shall be the chief examiner and custodian of all financial documents of the committee and for verifying that all documentary requirements are in order for transactions on the account; and
3. The PMC (Comptroller shall serve as the Financial Officer of the PMC, and in consultation the Assistant Superintendent for Fiscal Affairs shall, keep the books of accounts of the committee, ensuring proper internal controls in accordance with generally accepted accounting principles; and in compliance with provisions of the Public Procurement and Concession Act.

Removal:

Removal of a PMC member shall require two-third of the County Council.

EFFECTIVE DATE

This Act shall take effect immediately upon publication into handbill.

2.3.5 FREEDOM OF INFORMATION ACT OF 2010

CHAPTER I: GENERAL PROVISION

CHAPTER II: Publication of Certain Information

CHAPTER III: Procedures for Making and Responding to Request for Information

CHAPTER IV: Exemptions

CHAPTER V: Oversight

CHAPTER VI: Appeal Procedures

CHAPTER VII: Offences, Sanctions, Protections

CHAPTER VIII: Effective Date

NOW THEREFORE IT IS HEREBY ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF LIBERIA, IN LEGISLATURE ASSEMBLED:

This Act shall be known as the Freedom of Information Act of 2010.

CHAPTER 1: GENERAL PROVISION

Section 1. 2 Short Title: This Act may be cited as the Freedom of Information Act.

Section 1.3 In this Act, the following terms and phrases shall have the meaning established for each in this Section:

1.3.1 Access to Information:

1.3.2 “Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding. 1.3.3 “Act” means the Freedom of Information Act.

1.3.4 “Court” means any judicial body of the Republic of Liberia.

1.3.5 “Documents” means any retrievable or reviewable record, which may be written, printed, audio, visual or electronic.

1.3.6 “Independent Human Rights Commission” means the autonomous commission established by an Act of the legislature, which shall have oversight responsibility for the effective implementation of this Act

1.3.4 “Person” means any individual, partnership, corporation, joint venture, trust, estate, unincorporated entity, government or any juridical entity.

1.3.5 “Private Bodies” include any entity, business or otherwise, owned by private persons.

1.3.6 “Public Authorities” means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;

1.3.7 “Public Bodies” refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia.

1.3.8 “Public Function” refers to any act normally carried out by the Government or any of its agencies ministries and institutions.

1.3.9 Public Services” means services rendered for or to the general public at cost or on gratis, an includes sanitation, health, transportation, banking, education, broadcasting and telecommunications, etc.

1.3.11 “Publication Scheme” means publication by public authority providing detailed information to the public on the nature and activities of that authority and information it publishes.

1.3.12 “Public Record” means a record, manual rule book, regulation, or other documents produced or received by, being used or having been used by, possessed by or under the control of a public authority, whether in written form or recorded or stored in electronic form or in any other device.

1.3.13 “Requester” means an applicant or person who requests access to a document or information.

Section 1.4 Principles: This Act is based on the following principles, which shall govern the construction, exercise, and protection of the right of access to information:

Public bodies hold information not for themselves but as agents of the public and custodians of the public good;
Everyone has a right of access to information generated, received and or held by public bodies, subject only to such limitations as are necessary and narrowly established for reason of an equally or more compelling public interest;
The right of access to information includes both (1) a right to request and receive information, and (2) an obligation on the part of public bodies and officials to disseminate essential information that the public would generally want to know, including their core functions and key activities;
The right of access to information applies to private entities that receive public resources and benefits, engage in public functions, and or provide public services, particularly in respect of information relating to the public resources, benefits, functions or services;
The right to information is independent of a personal interest in the information, and there is no need whatsoever for a person requesting information to provide a reason or justification for his or her request.

Section 1.5 The objects of this Act are:

To promote effective, equitable and inexpensive exercise of the right of access to information;
To establish clear and concise procedures for requesting and providing of information held by (i) public bodies and (ii) private bodies receiving public benefits or performing public functions or providing public service.
To establish and provide for the exercise of a right to appeal any decision denying a request for information or infringing on the right of access to information; and

To provide appropriate penalties and other sanctions for wrongful failure to keep and or provide information.

Section 1.6 Scope of Act: This Act shall apply to and cover:

All public authorities and bodies at all branches and levels of the Government, including but not limited to ministries, bureau, departments, autonomous agencies, public corporations, commissions, committees, sub-committees, boards, military and paramilitary institutions, and any other related bodies supported in whole or in part by public resources;

All private bodies performing public functions and or providing public services, including academic institutions, hospitals and other health service providers; telecommunications operators, banking institutions, and similar entities;

All private bodies that receive public funds or benefits of whatever nature; and

Section 1.7 Primacy of Act: Save for the Constitution, this Act is and shall be the primary law governing the right of access to information, including all matters related to request for and provision of information in Liberia. No administrative action, order or regulation contrary to, inconsistent with, or in derogation of this Act shall issue or be effective in Liberia, and this Act shall prevail over any and all subsequent inconsistent statutes, except a subsequent statute that specifically amends or repeals it.

CHAPTER 2: PUBLICATION OF CERTAIN INFORMATION

Section 2.1 Requirement of a Publication Scheme: Every public authority or body shall establish, maintain, and regularly update a widely accessible and user-friendly publication scheme whereby the public authority or public body automatically provides detailed information regarding its core functions, nature of its activities and operations, and the information it possesses.

Section 2.2 Contents of Publication Scheme: The publication scheme shall, at a minimum, contain:

The full name, designation, functions and contact details of the Information officer appointed and maintained by the Authority in keeping with Section 5. Of this Act;

Clear statement that (1) describes the nature, organization, functions and powers of the public authority concerned, (2) explains its decision-making processes, and (3) discloses agreement(s) and or arrangement(s), if any, that it has with third parties relative to the discharge of its functions;

A fair description of the types and categories of documents and information held by the public authority, the location of the documents, and a clear statement of the public right to review, request, receive and retain copies of any of such documents or information; and

Such procedures, as are not inconsistent with this Act, which may be followed to access, review, copy, receive and retain the whole or any portion of the documents or information.

Section 2.3 Access to Publication Scheme: The publication scheme of every public authority or body shall be widely accessible, and the hard and or soft copies of the scheme shall be available at the offices of the authority and at other reasonable public places.

Section 2.5 Automatic Publication: Without prejudice to the general publication scheme established in this Act, every public authority is obliged to publish, and maintained published, certain key classes of documents/information as soon as they are generated or received by the authority, irrespective of whether a request has been made or not made for them.

Section 2.6 Documents subject to Automatic Publication: The classes of documents to be automatically published by every public authority shall include: (1) the enabling legislation of the agency or authority; (2) its existing policies, procedures and rules; (3) its budgets; (4) the financial accounts of the agency/authority; (5) Material contracts; (6) Organizational chart, including lines of reporting; (7) Procedures for appealing decisions of the authority or its officers; and (8) such other information that would enable the public to deal with the authority and or monitors its performance.

CHAPTER 3: PROCEDURES FOR MAKING AND RESPONDING TO REQUEST

FOR INFORMATION

Section 3.1 Accessibility of Information: All public information held by public bodies and those held by private entities in respect of public funding received or public services provided shall be accessible, and may be inspected, requested, provided, reproduced and retained as provided in this Act.

Section 3.2 Request for Information: Every person, irrespective of their nationality or residence, may request, receive, reproduce and retain any information held by (1) a public authority or (2) private entity that receives public funds or engage in public functions or provision of public service; provided that in respect of private entities, the information shall relate to the public funds, benefit, functions or service.

Section 3.3 Description of information Requested: Every request shall describe the information requested with reasonable details that would enable the public authority or private entity easily identify the information. Additional specification of the information may be provided by the requester by any means and at any time, including in responses to questions from personnel of the authority or entity.

Section 3.4 Form of Request: Request for information may be filed in writing, by electronic mail, or orally in person, or by any alternative means.

Section 3.5 Reason for Request: The right to request information is independent of personal interest in the information, and no one shall be asked or required to provide a justification or reason for requesting any information.

Section 3.6 Designation of at least one personnel / staff: Every public authority and private entity to which this Act applies shall appoint, maintain and duly support at least one designated personnel/staff whose overall responsibility shall be to receive requests for information held by the authority or entity and coordinate the response(s) of the authority or entity to all such requests. The designated personnel / staff shall serve as the primary contact of the authority or agency with the public relative to request for and provision of information, and his responsibilities shall include promoting best practices in record maintenance, storage, and management, and assisting members of the public, especially illiterate and other physically challenged persons, to file requests for information.

Section 3.7 Prompt Response to Information Request: Every public authority and private entity shall promptly respond to all requests for information it receives, be it by post, e-mail, or hand delivery.

Section 3.8 Documentary acknowledgement of Request: Upon the receipt of every request, a public authority or private entity shall acknowledge the request in writing and advise the requester of the maximum number of days it shall take to respond to the request.

Section 3.9 Maximum period for responding to Requests: Every public authority and private entity shall respond to every request for information within thirty (30) calendar days; provided that this period shall be extended once upon showing of a reasonable cause.

Section 3.10 Response to request defined: A response to a request for information may consist of one of the followings: (1) timely provision of the requested information; (2) denial of the request; (3) transfer of the request.

Section 3.11 Provision of Requested information: The search for and provision of requested information shall be done free of charge to the requester, but a public entity may charge such amount as is necessary to cover actual cost of photocopying, transcribing, scanning or other forms of reproduction.

Section 3.12 Denial of Requests: A request for information, including to inspect, review or reproduce the information, may be lawfully denied only if it is within one of the exemptions provided in Chapter 4 of this Act. A denial of a request and the reason thereof shall be in writing and served the requester no later than 30 calendar days as of the receipt of the request.

Section 3.13 Transfer of Requests: In the event a public authority or private entity receives a request relating to information not held by the authority or entity, such authority or entity shall, with notice to the requester, automatically transfer the request to the public authority or private entity known or believed to hold the requested information.

A transfer of request shall be made no later than fifteen (15) days after receipt of the request and with prompt notice served the requester.

Section 3.14 Further Transfer of Requests: Where a request for information is transferred to a wrong public authority or private entity, the public authority or entity to which the request was erroneously transferred may, with notice to the requester, further transfer the request to another public authority or entity known or reasonably believed to be the holder of the information. A further transfer shall be made no later than ten (10) working days after receipt. There shall be only one further transfer, and in making the one further transfer, the original recipient of the request and the authority or entity making the further transfer have the obligations to consult and make all efforts to identify the proper holder of the information so as not to cause further delay in responding to the request.

CHAPTER 4: EXEMPTIONS

Section 4.1 Exhaustive List of Exempted Documents: Subject to the provisions of Section 4.8, a document, information or record is exempted from disclosure ONLY if it falls in or under one or more of categories of exempted documents listed in this Chapter.

Section 4.2 Information Relating to National Defense, Security and International Relations: A document or record is exempted from disclosure or public access if its disclosure would cause injury or substantial harm to the security, defense or international relations of the Republic of Liberia or would divulge any information or matter communicated in confidence by or on behalf of another country to the Government.

Section 4.3 Criminal Investigation: A document or record is exempted from disclosure or public access if its disclosure would cause injury or substantial harm to (1) an ongoing criminal investigation, (2) disclose the identity of a confidential source assisting with criminal investigation, or (3) endanger the lives or physical safety of persons involved in criminal investigation.

Section 4.4 Trade Secrets: A document or record is exempted from disclosure or public access if its disclosure under this Act would reveal trade secrets belonging to a public authority or a private entity, or destroy the commercial value or affect the competitiveness of a public authority or private entity in relation to the business or work of the authority or entity; provided that this provisions shall not be construed to apply to:

Information on the general business or professional affairs of the authority or private entity; or

Information on the business, commercial or financial affairs of an undertaking of which that person, or a person on whose behalf that person made the request, is a proprietor.

Section 4.5 Personal Information: A document or record is exempted from the general right of access if its disclosure would constitute an unreasonable disclosure of the personal information.

Section 4.6 Privileged Communications: A document or record is an exempt document or record if it is shown to be of such nature that it would be privileged from production in any legal proceedings based on any of the privileges recognized under the rules of evidence extant in Liberia.

Section 4.7 Partial Exemption: Where a portion of a document or record falls under the exemptions established in Sections 4.2 thru 4.6 above, only the exempted part(s) of the requested document shall be redacted from the original document and remaining portion released.

Section 4.8 Exemption must be justified; not merely Claimed: A public authority or private entity may not refuse access to or disclosure of information simply by claiming it as “confidential or secret”. In order to qualify to be exempted from disclosure, it must be clearly demonstrated that:

The information or record falls within or under one or more of the exemptions established in this Act;

That the disclosure of the information will cause or likely to cause injury or substantial harm to the interest protected by one or more of the exemptions established in this Act; and

The harm to be caused by the disclosure is greater than the public interest in having the information disclosed.

Section 4.9 Maximum period for non-disclosure: Information or records exempted from disclosure or public may remain exempted for as long as the reason for their exemption exists, but in any event no longer than a continuous period of fifteen (15) years).

CHAPTER 5: OVERSIGHT

Section 5.1 Oversight Body: The implementation of this Act, including compliance therewith, shall be overseen an independent Information Commissioner to be appointed by the President with the advice and consent of the Liberian Senate. The Independent Information Commissioner shall be a Liberian of high moral character and generally acceptable to many stakeholders. The Independent Information Commissioner shall serve full-time, and receive compensation at least equal to that receive by a Circuit Judge. The work of the Information Commissioner and the Technical Secretariat to support his or her work shall be funded by the Government through the National budget. The Informational Commissioner shall enjoy operational, investigatory and regulatory autonomy, and general independence in the exercise of his or her work.

Section 5.2 Functions and Powers of Information Commissioner: Without limiting the generality of the provisions of Clause 5.1 above, the functions and powers of the Independent Information Commissioner shall include:

To receive, hear and decide all complaints as well as mediate disputes arising under this Act.
To compel witnesses and evidence for the purpose of deciding appeal or otherwise determining compliance with this Act.
To review information held by public bodies and covered private entities and, in connection therewith, including procedures for the internal reviews provided in Section Chapter (6) of this Act as well as the fees charged by public bodies and entities for reproduction of requested information.
To issue cease and desist orders and other recommendations to any or all of such public bodies and relevant private entities relative to implementation and compliance with this law.
To investigate, monitor, and promote compliance with this Act, including collecting statistics associated therewith.
To order any public body or private body concerned to release requested information should it find that the information or record is not one that is exempted by this Act.
To train and build the capacity of personnel of public bodies and private entities concerned to ensure (1) proper interpretation and application of this Act and (2) that the handling of information requests is consistent across all government bodies.

To consult with and provide support to Information Officers and other relevant officials of public bodies and private entities covered under this Act.
To develop access guidelines and procedures.
To develop public awareness strategies and information dissemination campaigns to educate the public about their rights under the Act, and promoting necessary compliance with this Act.
To evaluate existing laws and regulations relating to access to information, and to make recommendations for reform and harmonization of the laws.

Section 5.3: Annual Reports: All public bodies and private entities to which this Act applies shall submit to the Independent Information Commissioner report concerning activities carried out during the preceding year in relation to this Act. The annual report shall be submitted at a time to be determined by the Independent Information Commissioner, and shall include:

the number of requests for access to documents or records or other type of information received by the public authority or private body as the case may be between January 1 and December 31 of the preceding year, and the number of applications which the public authority or private body processed during the period.

the number of requests for access to information pending before the public authority or private body as the case may be as of December 31 of the preceding year and the number of days that each of those requests had been pending before the public authority or private body as of the date of the submission of the report.

the number of requests where the public authority or the private body as the case may be declined access to records or documents requested by members of the public under this Act and the reasons for each such refusal of access.

the average number of days it takes the public authority or private body to process different types of requests for access to information, records or documents;

the total amount of fees collected by the public authority or private body as the case may be to process such requests; and

A description of the steps or efforts taken by the responsible Minister or Chief Executive of the public authority or private body as the case may be to encourage all officers under his or her charge to comply with the provisions of this Act.

Section 5.4 Annual Report to the Legislature: The Independent Information Commissioner shall include in its annual report to the National Legislature a full account of the status of implementation of the Act.

CHAPTER 6: APPEAL PROCEDURES

Section 6.1 Right of Appeal: In all events where a request for information is denied and or not responded to, or an action of a public body or private entity in respect of the transfer or any handling of such request if is alleged not to be in keeping with this law, the applicant shall have a right to appeal the decision or action of the public authority or private entity concerned.

Section 6.2 Internal Review: An applicant who receives a negative decision or action regarding a request for information or who believes that the transfer of his or her request or the fees charged by the public body or private entity are inconsistent with this law shall in all cases be entitled to an internal review of the action or decision. Such internal review shall be conducted by a senior official or an internal information request review body to be established by each authority or agency. An internal review shall be concluded within thirty (30) working days as of its filing by the applicant. The outcome of each internal review shall be in writing and copies shared with the applicant.

Section 6.3 Complaints to the Independent Information Commissioner:

Where (i) an applicant receives a negative decision or action and

(ii) is not satisfied with the outcome of an internal review conducted pursuant to Section 6.2, such applicant shall have a right to appeal the decision of the authority or entity directly to the Independent Information Commissioner. The Independent Information Commissioner shall be the final administrative arbiter of all complaints concerning denial of information requests and any other alleged infringement of the right of access established under this Act. A final decision of the Independent information officer may include any of the civil sanctions provided for in Chapter 7 of this Act.

Section 6.4 Burden of Proof: In both (i) an internal review conducted by an authority or agency pursuant to Section 6.2 and (ii) a hearing conducted by the Independent Information Commissioner pursuant to Section 6.3 hereof, the burden of proof shall be on the public authority or private entity to show that it acted consistent with its obligations and in accordance with this Act.

Section 6.5 Right of Judicial Review: Any person who is not successful in an internal review and in respect of a appeal taken from the internal review to the Independent Information Commissioner shall have a right to a judicial review. An appeal from the decision of the Information Commissioner shall lie before the Civil Law Court in Montserrado County and in the Circuit Court of the county where the public body or private entity is located.

CHAPTER 7: OFFENCES, SANCTIONS, PROTECTIONS

Section 7.1 Fines for violations: The person deemed responsible for a public authority or private entity to violate this act will be subject to a fine not less than L$5,000 and not greater than L$10,000.00 in addition to reimbursement of any reasonable attorney costs incurred by the successful applicant.

Section 7.2 Dismissal: A public servant who without authorization and any legal basis wrongfully denies an applicant access to information or otherwise violate a person’s right of access shall be subject to a fine of not less than L$ 5,000 and not greater than L$ 10,000 plus a formal reprimand for the first wrongful conduct. The person shall be suspended for two months without pay for the second offense, and immediate dismissal for the third time of violation.

Section 7.3 When Civil Sanctions may be imposed: The fines established in Section 7.1 and the personnel actions provided for in Section 7.2 hereof may be imposed by an authority or entity or the Independent Information Commissioner at the end of an internal review or a hearing consistent with due process.

Section 7.4 Criminal Sanction for Willful Destruction of Records: It shall be a criminal offence punishable on conviction with a maximum of two (2) years imprisonment for willfully destroying or altering records after that have are the subject of a request for information.

Section 7.5: Protection from civil and criminal liability: Any person who discloses information or grant access to information in good-faith reliance on the provision of this Act shall be protected from any and all civil and criminal liabilities, even if it is later determined that the information was in fact exempted. Similar protection shall be accorded all persons that receive information pursuant to this Act.

2.4 CRIMINAL OFFENSES

2.4.1 AN ACT AGAINST CRIMINAL CONVEYANCE OF LAND

Section 1: DEFINITION

Section 2: OFFENCES Section 3: PENALTY

An Act Against Criminal Conveyance of Land

Section 2: An Act to Amend Chapter 15 Subchapter B, Section 15,21 (4) of the Penal Law and creating subchapter AB, section 15.23 captioned Criminal Conveyance of Land.

WHEREAS, for decades’ criminal minded Liberians have engaged in sale of land to nonLiberians;

WHEREAS, criminal minded Liberians and non-Liberians have engaged in the multiple sale of parcels of land previously conveyed by issuance of deed to the first buyers;

WHEREAS, under Liberian Law, once a parcel of land has been sold by the owner, title to it passes to the buyer and the seller immediately loses title and the right to exercise any lawful authority regarding such conveyed land;

WHEREAS, under Liberian Law, title to land can only be conveyed by the lawful owner, such owner having acquired title in accordance with law, either by purchase from a person whose title can be traced to the Republic of Liberia or through gift or inheritance from an owner whose title can be traced to the Republic of Liberia or by any other lawful means:

WHEREAS, despite the clarity of Liberian law that only a lawful owner of land can convey land and that the same parcel of land cannot be sold to more than one person, group of persons, institution, entity, or group of institutions, or group of entities, criminal-minded Liberians and non-Liberians have, for decades engaged in the multiple sale of land to Liberians and non-Liberians, thereby creating conflict between and among claimants competing for ownership;

WHEREAS, land-based disputes, allover Liberia, but particularly in urban Liberia is reaching a crisis point, thereby making it difficult for institutions and courts established for dealing with civil issues to adequately resolve these disputes as civil matters;

WHEREAS, the criminal conveyances of land bear the potential of undermining the peace, stability, harmony, unity, national reconciliation and the economic growth, development and prosperity of Liberia;

WHEREAS, there is a need to raise the profile of criminal conveyances of land beyond its current status, merely as part of section 15.21 of Subchapter B of Chapter 15 of the Penal Law, captioned Criminal Trespass and make it a serious crime under Liberian Law;

NOW THEREFORE, IT IS ENACTED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES IN LEGISLATURE ASSEMBLED AS FOLLOWS:

Section 1 Subsection 15.21(4) of Subchapter B is hereby amended to remove the aspect relating to conveyance of land, and shall henceforth read as follows: Unauthorized occupation or possession of property: A person commits an offence if he or she is not licensed or privileged to do so enters upon, occupies and Improves real property not having fee simple title thereto, or permission of the-owner. An offence under this paragraph constitutes a felony of the third degree. In case where the said property thus illegally entered upon occupied and Improved is part of a public domain, no damage shall be assessable; but in case of private property the rightful over shall be entitled to redress in damages for trespass for him or her. In each such case, evidence of ownership must be shown by prefer of a deed or other property instrument of conelection law veyance. The last paragraph in the amended Subsection shall remain unchanged.

Section 2. There is enacted a new section AB of the Penal Law as Subsection 15.23 thereof captioned Criminal Conveyance of Land.

1. Definitions

Conveyance- the voluntary transfer of a or of property in land

Convey – to convey means to transfer or deliver something, such as a right or property to another person, especially by deed or other writing.

Criminal conveyance – to knowingly, willfully, or purposely transfer or deliver something such as a right or property to another person or persons, or group of persons or an institution or institutions, entity or entities, including all natural and juridical persons.

Lease – a contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for consideration, most often rent.

Occupied structure any structure, vessel, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

Night the period between SIX o’clock in the evening and six o’clock in the morning.

Mortgage – a conveyance of title to property that is given as security for the payment of a debt or the performance of a duty and that become void upon the payment of the debt or performance according to the stipulated terms.

Multiple sate the transfer of the same right or property to more than one buyer.

Urban area- a place located in a township or a city.

2: OFFENSE.

person is guilty of criminal conveyance of land, a felony of the second degree, if he/she conveys to another through sales gif or mortgage or lease, a parcel of land that he/she has no title to by purchase, gift or inheritance evidenced by a deed, traceable to the Republic of Liberia, from the lawful owner or by any other lawful means.
A person is guilty of third degree felony if he knowingly purchases a parcel of land which he knows or have reason to know does not belong to the seller or is being criminally conveyed,
A surveyor who encourages, persuades, surveys, uses his influence or in any other way participates or conspires with anyone in the sale or purchase of a parcel of land,

knowing or being in the position to know that the setter of such land has no {awful “title is guilty of a first degree felony punishable by both a fine to be determined by a court of competent jurisdiction, and a prison term of not less than ten years.

A surveyor surveys a parcel of land without a notice to all adjoining property owners, consistent with existing law, regulation or executive order or procedure, is guilty of a felony of the third degree.
A district commissioner, land commissioner, city mayor, township commissioner, or any other local government official, or a person charged with the responsibility to archive land deeds and records, or traditional chief, elder, or any person holding a powerful traditional position, who abuses his/her authority to unduly influence or &compel an individual or group of individuals to convey a parcel of land or any portion thereof, knowing or being in position to know that the land so conveyed belongs not to the person or persons conveying same or knowing or being in the position to know that without the use of such influence or compulsion a conveyance of said land is not possible is guilty of a felony of the second degree.
A legislator or a person holding a national level position such as minister, deputy minister, director general, deputy director general, any ranking Officer of a law enforcement agency, or any other public official or law enforcement officer, who abuses his/her office by influencing or compelling the conveyance of a parcel of land, knowing or having reason to know that without the use of such influence or compulsion a conveyance of said land is not possible is guilty of a second degree felony.

Affirmative Defense

It is not an affirmative defense that at the time of the conveyance the seller did not know that he/she did not have lawful title. it should be an affirmative defense, however, that the purchaser did not know or could not have known or had no reason to know, that the seller of the land conveyed did not have title and that the land was purchased in good faith based on representation made by the seller. In that case the purchaser shall be considered a good faith purchaser and therefore, a victim and shall be entitled to re from the seller of the amount paid for the land and the total amounts spend to develop the criminally conveyed land.

3: PENALTY.

A person guilty of Criminal Conveyance of land may be sentenced in the following manner:

A person guilty of a second degree felony shall be given a prison term of not more than five years and made to restitute an amount equal to double the gain received from the criminal conveyance of land, for the first offense.
A person guilty of criminal conveyance for the second time shall be given a mandatory five year prison term, the maximum prison term for a second degree felony and required to restitute the amount equal to double the gain received from the criminal conveyance of land. Any other repeated offense shall be punished similarly, with no right of parole or probation.
A person guilty of a third degree felony under this law shall be punished by both a fine to be determined by court, the maximum which shall not be more than doublethe gain and a prison term of not more than three years.
A surveyor guilty of a first degree felony under this law shall be punished both by a fine and a prison term of not less than ten years and a permanent revocation of his license to practice as a surveyor,
The minimum length of time a person guilty under this subchapter shall be imprisoned for is one year for a third degree felony, three years for a second degree, felony and five years for a first degree felony.

2.4.2FRAUD ACT of 2012

It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

SECTION 1: Chapter 15 Offenses Against Property, Subchapter D Theft and Related Offenses of the Penal Law, Title 26, Liberian Code of Laws Revised, is hereby amended to add Section

15.62 Mail Fraud and Section 15.63 Fraud by Wire, Radio and Television, as follows:

Chapter 15. OFFENSES AGAINST PROPERTY Subchapter D. THEFT AND RELATED

OFFENSES

15.62. Mail fraud

Notwithstanding existing fraudulent crimes under the Penal Law such as the offenses of forgery and counterfeiting, facilitation of counterfeiting, obtaining or issuing deceptive writings, tampering with public documents, inter alia, with their respective penalties, a person is guilty of the specific offense of mail fraud, who, for the purpose of conducting, promoting, or carrying on by means of any postal or courier service, any scheme or device or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name. Such fraud is a predicate offense to money laundering and terrorist financing.
The offense of mail fraud shall be punishable as a first degree felony.

15.63. Fraud by wire, radio, television or other electronic communication

Offense. Notwithstanding existing fraudulent crimes under the Penal Law such as the offenses of forgery and counterfeiting, facilitation of counterfeiting, obtaining or issuing deceptive writings, tampering with public documents, inter alia, with their respective penalties, a person, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television or other communication in local commerce such as internet, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice including money laundering and terrorist financing, shall be guilty of the offense of fraud by wire, radio, television or other electronic communication. Such fraud is also a predicate offense to money laundering and terrorist financing.

The offense of fraud by wire, radio or television shall be punishable felony.

SECTION 2: This Act shall take effect immediately upon publication in Ministry of Foreign Affairs.

2.4.3 PENAL LAW (RELEVANT SECTIONS)

Subchapter D. Bribery and Intimidation 12.50. Bribery.

Offense. A person has committed bribery, a second degree felony if he knowingly offers, gives or agrees to give to another, or solicits, accepts or agrees to accept from another, a thing of value as consideration for:

The recipient’s official action as a public servant; or
The recipient’s violation of a known duty as a public servant.

Defense precluding. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lack jurisdiction, or for any other reason.

Prima facie case. A prima facie case is established under this section upon proof that the thing of value was offered, given, or agreed to be given, or solicited, accepted or agreed to be accepted, as consideration for the recipient’s official action or violation of a known legal duty as a public servant if:

The consideration was a thing of pecuniary value; and
The actor knew that he was offered, given or agreed to be given by, or solicited, accepted from a person having an interest in an imminent or pending
1. investigation, arrest, or judicial or administrative proceeding, or
2. bid, contract, claim or application, and that interest could be affected by the recipient’s performance or non-performance of his official action or violation of his known legal duty as a public servant.

12.51. Unlawful rewarding of public servants.

Receiving unlawful reward. A public servant has committed a first degree misdemeanor if he solicits, accepts or agrees to accept a thing or pecuniary value for:

Having engaged in official action as a public servant; or
Having violated a legal duty as a public servant

Giving unlawful reward. A person has committed a first degree misdemeanor if he knowingly offers, gives or agrees to give a thing of pecuniary value, receipt of which is prohibited by this section, as amended by the interim National Assembly, July 9, 1985.

Unlawful compensation for assistance in government matters.

Receiving unlawful compensation. A public servant has committed a first degree misdemeanor if he solicits, accepts or agrees to accept a thing of pecuniary value as compensation for advice or other assistance in preparing or promoting a bill, contract, claim or other matter which is or is likely to be subject to his official action.

Giving unlawful compensation. A person has committed a first degree misdemeanor if he knowingly offers, gives or agrees to give a thing of pecuniary value to a public servant, receipt of which is prohibited by this section.

Trading in public office and political endorsement.

Offense. A person has committed a first degree misdemeanor if he solicits, accepts or agrees to accept or offers, gives or agrees to give a thing of pecuniary value as consideration for approval or disapproval by a public servant or party official of a person for: (a) Appointment, employment, advancement or retention as a public servant; or (b) Designation or nomination as a candidate for elective office.

Definitions. In this section:

“approval” includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence;
“disapproval” includes failure to approve or any other manifestation of disfavor or non-acquiescence;
“party official” means a person who holds a position or office in a political party, whether by election, appointment, or otherwise.

Subchapter E. Abuse of Office 12.70. Official Oppression.

A person acting or purporting to act in an official capacity of taking advantage of such actual or purported capacity commits a first degree misdemeanor if he knowingly:

Subjects another to unlawful arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement or personal or property rights; or
Denies, or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

12.71. Unlawful disclosure of confidential information.

A person has committed a first degree misdemeanor if, in knowing violation of a duty imposed on him as a public servant, he discloses or makes known in any manner any confidential information which he has acquired as a public servant. “Confidential information” means information made available to the government under governmental assurance or confidence.

12.72. Speculating or wagering on official action or information.

Speculating during and after employment. A person has committed a first degree misdemeanor if, during employment as a public servant or within one year thereafter, in contemplation of official action by himself as a public servant or by an agency of the government with which he is or has been associated as a public servant, or in reliance on information to which he has or had access only in his capacity as a public servant, he:

Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;
Speculates or wagers on the basis of such information or official action; or (c) Aids another to do any of the foregoing.

Taking official action after speculation. A person has committed a first degree misdemeanor if as public servant he takes official action which is likely to benefit him as a result of an acquisition of a pecuniary interest in any property, transaction or enterprise, or of a speculation or wager, which he made or caused or aided another to make in contemplation of such official action.

15.51. Theft of property. A person is guilty of theft if he:

Knowingly takes, misappropriates, converts or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with the purpose of depriving the owner thereof;
Knowingly obtains the property of another by deception or by threat with the purpose of depriving the owner thereof or purposely deprives another of his property by deception or by threat, or
Knowingly receives, retains or disposes of property of another which has been stolen, with the purpose of depriving the owner thereof.

15.52. Theft of services. A person is guilty of theft if:

(a) He obtains services, known by him to be available only for compensation, by deception, threat, false token or other means to avoid payment for the services; or (b) Having control over the disposition of services of another to which he is not entitled, he diverts those services to his own benefit or to the benefit of another not entitled thereto.

Where compensation for services is ordinarily paid immediately upon their rendition, as in the case of hotels, restaurants, and comparable establishments, absconding without payment or making provision to pay is prima facie evidence that the services were obtained by deception.

15.53. Theft of property lost, mislaid or delivered by mistake. A person is guilty of theft if he:

(a) Retains or disposes of property of another when he knows it has been lost or mislaid; or (b) Retains or disposes of property of another when he knows it has been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, and with the purpose of depriving the owner of it, he fails to take reasonable measures to restore the property to a person entitled to have it.

15.54. Grading of theft offenses.

Felony of second degree. Theft under Section 15.51 through 15.53 is a felony of the second degree if the property or services stolen are of the value of $50,000 or over or are acquired or retained by a threat to commit a crime which is a felony of the first or second degree or to inflict serious bodily injury on the person threatened or on any other person.
Felony of third degree. Theft under Sections 15.51 through 15.53 which is not a felony of the second degree under paragraph 1, is a felony of the third degree if:

The property or services stolen are of the value of $300 or over;
The property or services stolen are acquired or retained by threat and (i) are acquired or retained by a public officer by a threat to take or withhold official action, or (ii) are of the value of $50 or over;
The property or services stolen are of the value of $50 or over and are acquired or retained by a public officer in the course of his duties;
The property stolen is a firearm, ammunition, explosive, or destructive device or an automobile, aircraft or other motor propelled vehicle;
The property consists of any government file, record, document or other government paper stolen from any government office or from any public servant;
The defendant is in the business of buying or selling stolen property and he receives, retains or disposes of the property in the course of that business;
The property is stolen from the Liberian mail and is first class mail or air mail.

Misdemeanor of the first degree. All other theft under Sections 15.51 through 15.53 is a misdemeanor of the first degree, unless the requirements of paragraph 4 are met.
Misdemeanor of the second degree. Theft under sections 15.51 through 15.53 of property or services of a value less than $50 is a misdemeanor of the second degree if:

The theft was not committed by threat;
The theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft; and
The defendant was not a public servant or an officer or employee of a financial institution who committed the theft in the course of his official duties.

Definition of “petit larceny”. Unless the context otherwise requires, all references to “petit larceny” in the statutes of the Republic shall be deemed to mean any theft penalized as a misdemeanor of the second degree.
Valuation. For purposes of grading, the amount involved in a theft, under sections 15.51 through 15.53, shall be the highest value by any reasonable standard, regardless of the actor’s knowledge of such value, of the property or services which are stolen by the actor. Theft committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be charged as one offense, and the amounts proved to have been stolen may be aggregated in determining the grade of the offense.

15.55. Unauthorized use of vehicle.

A person is guilty of a misdemeanor of the first degree, if knowing that he does not have the consent of the owner, he takes, operates, or exercises control over an automobile, aircraft, motorcycle, motorboat, or other motor-propelled vehicle of another.
Defense. It is an affirmative defense to a prosecution under this section that the actor reasonably believed that the owner would have consented had he known of the conduct on which the prosecution was based.

15.56. Misapplication of entrusted property.

A person is guilty of a misdemeanor of the first degree if he disposes of, uses or transfers any interest in property which has been entrusted to him as a fiduciary, or in his capacity as a public servant or an officer of a financial institution, in a manner that he knows is not authorized and that he knows to involve a risk of loss or detriment to the owner of the property or to the government or other person whose benefit the property was entrusted.

15.57. Defrauding secured creditors.

A person is guilty of an offense if he destroys, removes, conceals, and encumbers, transfers or otherwise deals with property subject to a security interest with the purpose of preventing collection of the debt represented by the security interest.
The offense is a misdemeanor of the first degree if the property has a value of at least $300 and a misdemeanor of the second degree if the property has a value of at least $50 and less than $300. Otherwise it is an infraction.

Value is to be determined as provided in Section 15.54(c).

Subchapter E. Forgery or Counterfeiting 15.70. Forgery or counterfeiting.

Definition. A person has committed forgery or counterfeiting, if, with the purpose of deceiving or harming the government or another person, or with knowledge that he is facilitating such deception or harm by another person, he

(a) Knowingly and falsely makes, completes or alters any writing or subject; or (b) Knowingly utters a forged or counterfeited writing or object.

Grading. Forgery or counterfeiting is:

A second degree felony if:
1. The actor forges or counterfeits money which is legal tender in Liberia or postage or revenue stamps or any obligation or other security of Liberia; or
2. The offense is committed pursuant to a scheme to defraud another of money or property of a value of $50,000 or over;

A third degree felony if it is not a second degree felony within paragraph 2(a) and if:The actor is a public servant or an officer or employee of a financial institution and the offense is committed under color of officer or is made possible by his office; or
1. The actor forges or counterfeits foreign money not used as legal tender in Liberia or utters money which is legal tender in Liberia or abroad or utters postage or revenue stamps or any obligation or other security of Liberia; or

The actor forges or counterfeits any writing from plates, dies, molds, photographs, or other similar instruments designed for multiple reproduction; or

The actor forges or counterfeits a writing which purports to have been made by the government except a writing covered by subparagraph (a) of this paragraph; or
The offense is committed pursuant to a scheme to defraud another of money or property of value of $300 or over.

A first degree misdemeanor in all other cases.

15.71. Facilitation of counterfeiting.

Counterfeiting implements. A person has committed an offense, if, except as authorized by statute or regulation, he knowingly makes, executes, sells, buys, imports, possess or otherwise has within his control any plate, stone, paper, tool, die, mold, or other implement or thing uniquely associated with or fitted for the preparation of any forged or counterfeited security or tax stamp or any writing or object which purports to be made by Liberia or any foreign government.

Counterfeiting impressions. A person has committed an offense if, except as authorized by statute or regulation, he:

Knowingly photographs or otherwise makes a copy of:
1. Money or other obligation or security of Liberia or a foreign government, or any part thereof; or
2. Any plate, stone, tool, die, mold, or other implement or things uniquely associated with or fitted for the preparation of any writing or object described in paragraph one; or

Knowingly sells, buys, imports, possesses or otherwise has within his control any paragraph or copy, the making of which is prohibited by paragraph 2(a).

Grading. An offense defined in this section is a second degree felony if the implement of the impression relates to the forging or counterfeiting of money or other obligation or security of Liberia. Otherwise, it is a third degree felony.

15.72. Obtaining or issuing deceptive writings.

Offense. A person has committed an offense if:

By deception he causes another to execute any instrument affecting or likely to affect the pecuniary interest of any person; or
With the purpose of deceiving or harming the government or another person, or with knowledge that he facilitated such a deception or harm by another person, he knowingly issues a writing without authority to issue it or knowingly utters a writing which has been procured by deception or has been issued without authority.

Grading. The offense is a third degree felony if the actor is a public officer or an officer or employee of a financial institution and the offense is committed under color of office or is made possible by his office. Otherwise, it is a first degree misdemeanor.

15.73. Definitions for sections relating to false documents and counterfeiting. As used in sections 15.70 through 15.72:

“Deception” meanscreating or reinforcing false impressions as to fact, law, status, value, intention or other state of mind; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not substantially perform the promise;

“Writing” or “object”:
1. any paper, document or other instrument containing written or printed matter or its equivalent including money, a money order, bond, judgment, public record, affidavit, certificate, passport, visa, contract, security, or obligation, and
2. any coin or any gold or silver bar official coined or stamped or any signature, credit card, token, stamp, seal, badge, decoration, medal, trademark, or other symbol evidence of value, right, privilege, or identification which is capable of being used to the advantage or disadvantage of the government or any person.

“without authority” includes conduct that, on the specific occasion called into question, is beyond any authority given by statute, regulation or agreement;
“falsely makes” means to make a writing which purports to be made by the government or another person, or a copy thereof, but which is not because the apparent maker is fictitious or because the writing was made without authority;
“falsely completes” means to make an addition to or insert in writing, without authority, so that the writing appears to have been by, or fully authorized by, its apparent maker;
“falsely alters” means to make a change in a writing, without authority, so that the writing appears to have been made by or fully authorized by, its apparent maker;(g)to “forge” or to “counterfeit” a writing means to falsely make, complete or alter the writing and a “forged” or counterfeited” writing is a writing which has been falsely made, completed or altered. The terms “forgery and counterfeiting” and their variants are intended to be synonymous in legal effect;
“utters” means to issue, authenticate, transfer, publish, sell, transmit, present, use or otherwise give currency to;
“possess” means to receive, conceal, hold or otherwise exercise control over;
the term “obligation or other security of Liberia” means a bond, certificate of indebtedness, or other representation of value of whatever denomination, issued pursuant to government authority and a cancelled Liberian stamp;
“security” other than as provided in subparagraph (j) of this section includes any note, stock certificate, bond, debenture, check, draft, warrant, traveler’s check, letter of credit warehouse receipt, negotiable bill of lading, evidence of indebtedness or any certificate or document commonly known as a security;
“tax stamp” includes any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to the Government, or evidence of the discharge thereof.

Subchapter F. Economic Sabotage

15.80. Fraud on the internal revenue of Liberia.

A person is guilty of a first degree felony, if he:

Knowingly conspires or colludes to defraud the Government of Liberia;
Knowing makes an opportunity for any person to defraud the Government of Liberia or another;
Does or omits to do any act with intent to enable another to defraud the Government of Liberia;
Makes or signs any fraudulent entry in any book or record of any Ministry or Agency of Government or signs any fraudulent certificate, return or statement;
Demands greater sums than authorized by law or receives any fee, compensation or reward for the performance of any duty except compensation from the Government of Liberia; (f) With intent to defeat the application of any provision of the Revenue and Finance Law of Liberia, fails to perform any of the duties of his office or employment;
Having knowledge of a violation of any Revenue and Finance Law of Liberia, or any fraud, fails to report in writing such information to the Commissioner of Internal Revenues or the Minister of Finance of Liberia;
Demands, accepts, attempts to collect, directly or indirectly, as a payment, gift or otherwise of sum or thing of value for compromise, adjustment or settlement of any charge or complaint.

15.81. Misuse of public money, property or record.

A person is guilty of a first degree felony, if he:

Knowingly steals, takes, purloins, or converts to his own use and benefit or the use of another; or without authority, sells, conveys or disposes of any record, voucher, money or thing of value of the Government of Liberia or any Ministry, or Agency thereof, or public corporation, or any property made or being made under contract for the Government of Liberia or any Ministry, Agency thereof or public corporation;
Receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been stolen, purloined or converted;
Disposes of, uses or transfers any interest in property which has been entrusted to him as a fiduciary, and in his capacity as a public servant or any officer of an institution, in a manner he knows is not authorized and that he knows to involve risk of loss or detriment to the owner of the property or to the Government of Liberia or other person for whose benefit the property was entrusted.

15.82. Theft and/or illegal disbursement and expenditure of public money.

A person is guilty of a first degree felony, if he:

Knowingly fails to render his account or accounts for public money or property as provided by law, said person being an officer, employee or agent of the Government of Liberia or of any Ministry or Agency thereof or public corporation, having received public money which he is not authorized to retain as salary, pay or emolument;
Knowing takes, misappropriates, converts, or exercises unauthorized control over, or makes unauthorized transfer of an interest in the property of another or the Government of Liberia, with the purpose of depriving the owner thereof or purposely deprives another of his property by deception, or by threat; or
Knowingly receives, retains or disposes of property of another or the Government of Liberia which has been stolen, with the purpose of depriving the owner thereof or the Government of Liberia [of such property].

15.83. Possession, distribution, transportation and/or use of tools and materials for counterfeiting purposes.

A person is guilty of a first degree felony, if he:

Knowingly and without any authority from the Government of Liberia, secrets within, or embezzles, or takes and carries away from any building, room, office, apartment, vault, safe, or other place where the same is kept, employed, used and placed, logged or deposited by authority of the Government of Liberia, any tool, implement, or thing used or fitted to be used in stamping or printing any kind or description of bond, bill, note, certificate, coupon, postage stamp, factional currency note, or other paper, instrument, obligation, device, or document, authorized by law to be printed, stamped, sealed, prepared, issued, uttered or put in circulation on behalf of the Government of

Liberia;

Knowingly and without such authority, so secrets, steals, or takes and carries away paper, parchment, or other material printed or stamped, in whole or in part, and intended to be prepared, issued, or put in circulation on behalf of the Government of

Liberia as one of such papers, instruments or obligations, or printed or stamped, in

whole or in part, in the similitude of any such paper, instrument, obligation, whether intended to issue or put the same in circulation or not;

Knowingly and without such authority, so secrets, steals, or takes and carries away any paper, parchment, or other material prepared and intended to be used in the making of any such papers, instruments, obligations, devices or documents;
With the purpose of deceiving or harming the Government of Liberia or another person, or with knowledge that he is facilitating such deception or harm by another person, he knowingly and falsely makes, completes or alters a forged or counterfeited writing or object;
Knowingly sells, buys, imports, processes or otherwise has within his control any plate, stone, paper, tool, die, mild or other implement or thing uniquely associated with or fitted for the preparation of any forged or counterfeited security or tax stamp or any writing or object which purports to be made by the Government of Liberia, its agent or any foreign government or its agent.

15.84. Banker receiving unauthorized deposits or public money; individual unauthorizedly making deposit of public money.

A person is guilty of a first degree felony, if he:

(a) Knowingly and unauthorized, not being an authorized depository of public moneys, receives from any Disbursing Officer, or Collector of Internal Revenues or other Agent of the Government of Liberia, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the Government of Liberia, or uses, transfers, converts, appropriates or applies any portion of the public money for any purpose not prescribed by law.

15.85. Bad checks/forged checks.

A person commits a third degree felony if he issues or passes a check or similar sight order for the payment of money knowing that it will not be honored by the drawer. For the purpose of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or order would not be paid if:

(a) The issuer had no account with the drawee at the time the check or order was issued; (b) Payment was refused by the drawee for lack of funds, upon presentation within thirty days after issue and the issuer failed to make good within ten days after receiving written notice of that refusal.

15.86. Bail bond.

A person charged under this sub-chapter “F” shall be required to post a cash bond in the amount equivalent to the amount charged, but shall not be less than the amount of the fine of $10,000.00 as prescribed herein.

15.87. Fine and Restitution

A person tried and convicted under this sub-chapter “F” shall be made to restitute the amount stolen and shall be fined an amount not less than $10,000.00 or be imprisoned for not less than ten (10) years or both if the amount involved is $1,000.00. He shall pay a fine of $5,000.00 or be imprisoned for not less than five (5) years, or both.

2.4.4 AN ACT TO AMEND PENAL LAW ON

EXTORTION, ENVIRONMENTAL CRIMES AND ILLICIT TRAFFICKING

This Act guides against extortion, environmental crimes, and illicit trafficking in Liberia. As provided by the Act, a person is guilty of extortion if he or she obtains property from another, with his or her consent or obtains official acts of a public officer, induced by a wrongful use of force or fear or under color of official right or extort any money, right or property from another by means of fear, force or any threat.

Such are considered extortion and shall be punishable as first degree felony:

To do an unlawful injury to a person or property of an individual threatened or of a third person; or
To accuse the individual threatened, or any relatives of his, or member of his family, of any crime; or
To expose or impute to him or them any deformity, disgrace or crime; or
To expose any secret effecting him or them

2.4.5 ANTI- MONEY LAUNDERING AND TERRORIST FINANCING ACT, 2012

It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

SECTION 1: Sub-chapter G Prevention of Money Laundering, Chapter 15 Offenses against Property of the Penal Law, Title 26 of the Liberian Code of Laws Revised, is hereby amended to be entitled Sub-Chapter G Proceeds of Crime, Money Laundering and Terrorist Financing and to read as follows:

Chapter 15: Offenses Against Property

Subchapter G. Proceeds of Crime, Money Laundering and Terrorist Financing

15.1 Definitions:

As used in this Subchapter, unless the context otherwise requires:

“account” means any facility or arrangement by which a financial institution or a designated non-financial business and profession does any of the following:

accepts deposits of funds or other assets;
allows withdrawals or transfers of funds or other assets;
pays negotiable or transferable instruments or orders drawn on, or collects negotiableor transferable instruments or payment orders on behalf of, any other person; and
any facility or arrangement for a safety deposit box or for any other form of safedeposit; bearer negotiable instrument includes monetary instruments in bearer form such as travelers’ checks, negotiable instruments, including checks, promissory notes and money orders, that are either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title thereto passes upon delivery; and incomplete instruments including checks, promissory notes and money orders, signed but with the payee’s name omitted;

Benefit “means an advantage, gain, profit, or payment of any kind, and the benefits that a person derives or obtains or that accrue to him include those that another person derives, obtains or that otherwise accrue to such other person, if the other person is under the control of, or is directed or requested by the first person;

Business relationship “means any arrangement between a person or two or more persons or legal entity and a financial institution where the purpose or effect of the arrangement is to facilitate an occasional, frequent, habitual or regular course of dealing between the person and the institution;

currency “means the coin and paper money of Liberia, or of a foreign country, that is designated as legal tender or is customarily used and accepted as a medium of exchange; customer “means in relation to a transaction or an account:

the person in whose name a transaction or account is arranged, opened or undertaken;
a signatory to a transaction or account;
any person to whom a transaction has been assigned or transferred;
any person who is authorized to conduct a transaction or control an account; or (5) any other person as may be prescribed; designated non-financial businesses and professions means any of the following:
casinos, including internet casinos;
real estate agents;
dealers in precious metals;
dealers in precious stones;
professionals and accountants when they prepare for, engage in, or carry out transactions for a client concerning any of the following:
buying and selling of real estate;
managing of client money, securities or other assets;
management of bank, savings or securities accounts;
organization of contributions for the creation, operation or management of legalpersons; or
creation, operation or management of legal persons or arrangements, and buying andselling of business entities;
trust and company service providers not otherwise covered. by this law which, as abusiness, prepare for or carry out transactions on behalf of customers in relation to any of the following services to third parties:

acting as a formation, registration or management agent of legal persons;
acting as or arranging for another person to act as a director or secretary of a companyor a partner of a partnership, or to hold a similar position in relation to other legal persons;
providing a registered office, business address or accommodation, correspondence oradministrative address for a company, a partnership or any other legal person or arrangement;
acting as, or arranging for another person to act as a trustee of an express trust orother similar arrangement; or
acting as or arranging for another person to act as, a nominee shareholder for anotherperson and such other businesses and professions as may be prescribed by regulation by a competent authority;

Document means a record or information kept in any form including:

anything on which there is a writing;
anything on which there are marks, figures, symbols or perforations having a meaning

for persons qualified to interpret them;

anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
maps, plans, drawings or photographs;

Financial institution means any person or entity that conducts as a business one or more of the activities listed below for or on behalf of a customer:

acceptance of deposits and other repayable funds from the public, including private banking;
including, but not limited to, consumer credit, mortgage credit, factoring (with orwithout recourse) and financing of commercial transactions, including forfeiting; (3)financial leasing other than with respect to arrangements relating to consumer products;
the transfer of money or value;
issuing and managing means of payment, including, but not limited to, credit anddebit cards, travelers’ checks, money orders and bankers’ drafts, and electronic money; (6) issuing financial guarantees and commitments;

Trading in:
- money market instruments, including, but not limited to, checks, bills, certificates ofdeposit and derivatives;
- foreign exchange;
- exchange, interest rate and index instruments;
- transferable securities; and
- commodity futures trading;

Participation in securities issues and the provision of financial services related to such issues;

Individual and collective portfolio management;
Safekeeping and administration of cash or liquid securities on behalf of other persons;
Investing, administering or managing funds or money on behalf of other persons;
Underwriting and placement of life insurance and other investment-related insurance,

including insurance intermediation by agents and brokers; and

Money and currency changing;

“funds or other assets” means financial assets, property of every kind, whether tangible or intangible, moveable or immovable, however acquired, and legal documents or installments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, including but not limited to bank credits, travelers checks, bank checks, money orders, shares, securities, bonds, drafts or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets; funds transfer means any transaction carried out on behalf of an originator person through a financial institution by electronic means with a view to making an amount of money available to a beneficiary person at another financial institution. The originator and beneficiary may be the same person; instrumentality means any property used or intended to be used, in any manner, wholly or in part to commit a criminal offense or criminal offenses as is deemed to include property of or available for use by a terrorist organization; interest in relation to property, means:

(1) A legal or equitable estate or interest in the property; or (2) a right, power or privilege in connection with the property; legal arrangement refers to express trusts or other similar legal arrangements. Money laundering means the offense of money laundering as defined herein; originator means the account holder, or where there is no account, the person that places the order with a financial institution to perform a wire transfer; proceeds of crime means any property or economic advantage derived from or obtained directly or indirectly through the commission of a criminal offense, or in connection therewith. It shall include economic gains from the property and property converted or transformed, in full or in part, into other property;

property means currency and assets of every kind in any form including electronic or digital, evidencing title to, or interest in, such assets, including but not limited to bank credits, travelers’ checks, bank checks, money orders, shares, securities, bonds, drafts, letters of credit, whether situated in Liberia or elsewhere and encompasses legal or equitable interest in any such property whether:

(I) corporeal or incorporeal;

moveable or immovable;
tangible or intangible; and
legal documents or instruments;

Record means any material on which information is recorded or marked and which is capable of being read or understood by a person, or by an electronic system or other device; shell bank means a bank that has no physical presence in the country in which it is incorporated and licensed, unless such bank is wholly owned by one or more financial institutions forming part of a regulated financial services group that is subject to effective consolidated supervision;

Suspicious Transaction Report means report of any transaction thought for any justified reason that it is related to proceeds of any crime or relating to money laundering or terrorist financing required to be made by reporting entities under the law to the Financial Intelligence Unit; terrorist means any natural person who:

commits or attempts to commit, terrorist acts by any means, directly or indirectly,unlawfully and willfully;
participates as an accomplice in terrorist acts;
organizes or directs others to commit terrorist acts; or
contributes to the commission of terrorist acts by a group of persons acting with acommon purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act; terrorist act means an act or omission in or outside Liberia which constitutes an offense within the scope of a counter terrorism convention or which:

(I) involves serious bodily harm to a person or damage to property;

endangers a person’s life;
creates a serious risk to the health or safety of the public or a section of the public;
involves the use of firearms or explosives;
involves releasing into the environment or any part thereof or distributing or exposingthe public or any part thereof to any:

dangerous, hazardous, radioactive or harmful substance;
toxic chemical; and
microbial or other biological agent or toxin;

is designed or intended to disrupt any computer system or the provision of servicesdirectly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;
is designed or intended to disrupt the provision of essential emergency services suchas police, civil defense or medical services;
involves prejudice to national security or public safety;
involves participating in the activities of a terrorist group, including by supplyinginformation or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the group, and is intended, or by its nature and context, may reasonably be regarded as being intended to:
intimidate the public or a section of the public,
compel a Government or an international organization to do, or refrain from doingany act;1
seriously destabilize or destroy the fundamental political, constitutional, economic orsocial structures of a country or an international organization;
is made for the purpose of advancing a political, ideological, or religious cause anddisrupts any services;
is committed in pursuance of a protest, demonstration or stoppage of work, that shallbe deemed not to be a terrorist act within the meaning of this definition, if it is not intended to result in any harm; and
any other act intended to cause death or serious bodily injury to a civilian, or to anyother person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act; terrorist organization means any group of terrorists that:
commits, or attempts to commit, terrorist acts by any means, directly or indirectly,unlawfully and willfully;
participates as an accomplice in terrorist acts;
organizes or directs others to commit terrorist acts; or
contributes to the commission of terrorist acts by a group of persons acting with acommon purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act;

Transaction means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition, or the arrangement thereof, and includes but is not limited to:

opening of an account;
any deposit, withdrawal, exchange or transfer of funds in any currency whether incash or by check, payment order or other instrument or by electronic or other nonphysical means;
the use of a safety deposit box or any other form of safe deposit;
entering into any fiduciary relationship;
any payment made or received in satisfaction, in whole or in part, of any contractualor other legal obligation;
any payment made in respect of a lottery, bet or other game of chance;
establishing or creating a legal person or legal arrangement; or
such other transaction as may be prescribed;

15.2. Money Laundering

Section 1. Offense of Money Laundering.

A person or body corporate or other legal entity commits the offense of money laundering if that person knowing or having reason to believe that property is the proceeds of crime:

Converts or transfers the property with the intent of concealing or disguising the illicit origin of that property, or of aiding any person involved in the commission of the criminal conduct to evade the legal consequences of the conduct; conceals or disguises the true nature, origin, location, disposition, movement or ownership of the property; acquires, possesses or uses the property; engages directly or indirectly in any transaction which involves the property; receives, possesses, conceals, disguises, transfers, converts, disposes of, removes from or brings the property into Liberia; or participates in, associates with or conspires to commit, attempts to commit or aids, abets or facilitates the commission of any of the above acts.

Section 2. Grading The offense of money laundering shall be punishable as a first degree felony.

15.3. Predicate Offenses for Money Laundering

Predicate offenses for money laundering are those original crimes and/or acts which result in proceeds. Predicate offenses are serious crimes which give rise to the separate crime of money laundering. Predicate offenses include, but are not limited to the following criminal acts which may be found in the Penal Law or other laws of Liberia:

Participation in an organized criminal group and racketeering;
terrorism, including terrorist financing;
trafficking in human beings and migrant smuggling;
sexual exploitation, including sexual exploitation of children;
illicit trafficking in narcotic drugs and psychotropic substances;
illicit arms trafficking;
illicit trafficking in stolen and other goods;
corruption and bribery;
fraud;
counterfeiting currency;
counterfeiting and piracy of products;
Environmental crime;
murder, grievous bodily injury;
kidnapping, illegal restraint and hostage taking;
robbery or theft;
smuggling;
extortion;
forgery;
piracy;
insider trading and market manipulation; and
tax evasion.
4. Terrorist Financing
Section I. Offense of Terrorist Financing. Any person or body corporate, or other legal entity, commits the offense of terrorist financing that willfully, directly or indirectly, provides or collects funds, or attempts to do so, with the intention that they should be used or in the knowledge that they are to be used in whole or in part:
in order to carry out a terrorist act; or by a terrorist to facilitate that person’s activities related to terrorist acts or membership in a terrorist organization; or by a terrorist organization.
Section 2. Grading. The offense of terrorist financing shall be punishable as a first degree felony.
5. Assisting another to retain the benefit of criminal conduct
Section I. Offense of assisting another to retain the benefit of criminal conduct. A person or body corporate, or other legal entity, is guilty of the offense of assisting another to retain the benefit of criminal conduct, if that person or body corporate or other legal entity, enters into or is involved in an arrangement whereby the retention or control by or on behalf of another’s proceeds of criminal conduct is facilitated by concealment, removal from the jurisdiction, transfer to nominees or otherwise, or made available for disposal or to acquire property by way of investment.
Section 2. Grading. The offense of assisting another to retain the benefit of criminal conduct shall be punishable as a first degree felony.
Section 3. Defenses: In proceedings against a person or body corporate, or other legal entity, for an offense under this section, it is a defense to prove:
that the person did not know or suspect that the arrangement related to any person’s proceeds of criminal conduct; or that the person did not know or suspect that the arrangement, the retention or control by or on behalf of another’s property was facilitating disposal, or acquisition of property or investment.
6. Acquisition, possession or use of property representing proceeds of criminal conduct
Section I. Offense of acquiring tainted property. A person or body corporate or other legal entity is guilty of the offense of acquiring tainted property if, he or she acquires or uses property or has possession of it , which he or she knows or should have known is, in whole or in part directly or indirectly another person’s proceed criminal conduct.
Section 2. Grading. The offense of acquiring tainted property shall be punishable as a first degree felony.
7. Concealing or transferring proceeds of criminal conduct
A person or body corporate or other legal entity is guilty of an offense if he or she, for the purpose of avoiding prosecution for an offense to which this Subchapter applies or the making or enforcement in case of a confiscation or other order by a court:
conceals or disguises any property, in whole or in part, directly or indirectly, which represents, proceeds of criminal conduct; or
converts or transfers that property or removes it from the jurisdiction.
Section 2. The offense of concealing or transferring proceeds of criminal conduct shall be punishable as a first degree felony.
8. Tipping off nn. Section I. Offense of Tipping off during inquiry. oo.

A person or body corporate or other legal entity is guilty of the offense of tipping off if:
the person knows or suspects that a law enforcement officer or customs officer is acting or proposing to act in connection with an investigation which is being, or is about to be, conducted into money laundering or terrorist financing; and
the person discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation.
Section 2. Tipping off by financial institution or designated non-financial business. No financial institution or designated non-financial business and profession, nor any director, partner, officer, principal or employee thereof shall disclose to their customer or a third party that a report or any other information concerning suspected money laundering or financing of terrorism will be, is being, or has been submitted to a competent authority, or that a money laundering or financing of terrorism investigation is being or has been carried out.
Section 3. Privileged communication.
Notwithstanding the foregoing section, it shall not be an offense in the case of a lawyer to disclose any information in connection with the giving of legal advice to a client including when seeking to dissuade a client from engaging in illegal activity or in contemplation of or relating to legal proceedings.

Section 4. Grading.
The offense of tipping off shall be punishable as a first degree felony.
- Terrorist Financing

Section I. Offense of Terrorist Financing. Any person or body corporate, or other legal entity, commits the offense of terrorist financing that willfully, directly or indirectly, provides or collects funds, or attempts to do so, with the intention that they should be used or in the knowledge that they are to be used in whole or in part: in order to carry out a terrorist act; or by a terrorist to facilitate that person’s activities related to terrorist acts or membership in a terrorist organization; or by a terrorist organization.

Section 2. Grading. The offense of terrorist financing shall be punishable as a first degree felony.

Assisting another to retain the benefit of criminal conduct

Section I. Offense of assisting another to retain the benefit of criminal conduct. A person or body corporate, or other legal entity, is guilty of the offense of assisting another to retain the benefit of criminal conduct, if that person or body corporate or other legal entity, enters into or is involved in an arrangement whereby the retention or control by or on behalf of another’s proceeds of criminal conduct is facilitated by concealment, removal from the jurisdiction, transfer to nominees or otherwise, or made available for disposal or to acquire property by way of investment.

Section 2. Grading. The offense of assisting another to retain the benefit of criminal conduct shall be punishable as a first degree felony.

Section 3. Defenses: In proceedings against a person or body corporate, or other legal entity, for an offense under this section, it is a defense to prove:

that the person did not know or suspect that the arrangement related to any person’s proceeds of criminal conduct; or that the person did not know or suspect that the arrangement, the retention or control by or on behalf of another’s property was facilitating disposal, or acquisition of property or investment.

15.6. Acquisition, possession or use of property representing proceeds of criminal conduct

Section I. Offense of acquiring tainted property. A person or body corporate or other legal entity is guilty of the offense of acquiring tainted property if, he or she acquires or uses property or has possession of it , which he or she knows or should have known is, in whole or in part directly or indirectly another person’s proceed criminal conduct.

Section 2. Grading. The offense of acquiring tainted property shall be punishable as a first degree felony.

15.7. Concealing or transferring proceeds of criminal conduct

A person or body corporate or other legal entity is guilty of an offense if he or she, for the purpose of avoiding prosecution for an offense to which this Subchapter applies or the making or enforcement in case of a confiscation or other order by a court:

conceals or disguises any property, in whole or in part, directly or indirectly, which represents, proceeds of criminal conduct; or converts or transfers that property or removes it from the jurisdiction.

Section 2. Grading. The offense of concealing or transferring proceeds of criminal conduct shall be punishable as a first degree felony.

15.8. Tipping off

Section I. Offense of Tipping off during inquiry.

A person or body corporate or other legal entity is guilty of the offense of tipping off if:

the person knows or suspects that a law enforcement officer or customs officer is acting or proposing to act in connection with an investigation which is being, or is about to be, conducted into money laundering or terrorist financing; and the person discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation.

Section 2. Tipping off by financial institution or designated non-financial business. No financial institution or designated non-financial business and profession, nor any director, partner, officer, principal or employee thereof shall disclose to their customer or a third party that a report or any other information concerning suspected money laundering or financing of terrorism will be, is being, or has been submitted to a competent authority, or that a money laundering or financing of terrorism investigation is being or has been carried out.

Section 3. Privileged communication.

Notwithstanding the foregoing section, it shall not be an offense in the case of a lawyer to disclose any information in connection with the giving of legal advice to a client including when seeking to dissuade a client from engaging in illegal activity or in contemplation of or relating to legal proceedings.

Section 4. Grading.

The offense of tipping off shall be punishable as a first degree felony

2.5 INVESTIGATION AND PROSECUTION

2.5.1 LIBERIA ANTI-CORRUPTION COMMISSION ACT

PREAMBLE

WHEREAS, corruption in both the public and private sectors of the Liberian society has determined the institutional framework of good governance; and as a consequence, has hampered sustainable socio-political tranquility and retarded economic development and growth of Liberia;

REALIZING that, due to the debilitating consequences of corruption, the people of Liberia have declared corruption as public enemy number one and resolved to combat and eradicate it;

ACKNOWLEDGING that, Government has adopted an anti-corruption policy and a comprehensive strategy that outlines the preventative, educational and enforcement measures to be taken to combat corruption in Liberia; and specifically provide for the establishment of an independent Anti-Corruption Commission to investigate and prosecute cases of corruption; and

RECALLING Chapter 10, Articles 89 of the 1986 Constitution of Liberia which empowers the Legislature to enact laws for the creation of agencies and commission as may be necessary for the effective operation of Government; and Chapter 11, Article 90 of the Constitution which also empowers the Legislature to prescribe a code of conduct for the public domain and to stipulate penalties and mechanisms for violations thereof.

PART-I SHORT TITLE

Section 1.1 This Act to Establish the Liberia Anti-Corruption Commission shall also be cited as the Anti-Corruption Commission (2008).

PART –II DEFINITION

For the purpose of this Act, the following words or phrases shall have the following meaning:

Corruption: Any act or acts, decision or decisions or use of public resource or resources by a public or private official in the discharge of official duties and/or responsibilities which, in order to satisfy the selfish desire or interest of the said official or other person or persons, natural or legal, ignore the established laws, regulations, and thereby, denies, deprives, and prevents, the State or person or persons natural or legal from receiving entitlement, consideration, and/or treatment.

Act of Corruption: Bribery, embezzlement, extortion, fraud, influence peddling, insider trading, misuse of entrusted public property and vested authority, and any economic and financial crimes, which are now provided for under the Penal Code of Liberia, or may, hereafter, be defined and enacted.

Civil Society: Citizens who, motivated by conscience and compassion, advocate for social causes, general welfare and wellbeing of all person(s) or select-group of person(s).

Civil Society Org. Not-for-profit, non-governmental associations of individuals, incorporated who, motivated by shared values and conscience, engage in organized advocacy for social causes, general welfare and wellbeing of all persons or select-group of person(s).

Public Sector: The agencies of government and all persons employed therein who are paid with state funds perform duties and responsibilities defined by laws, regulations, guidelines, procedures, policies and acceptable standards; performance of actors in this sector is not stimulated by profit motive; but rather by a desire to serve the public and be paid for doing so

Private Sector: Citizens who (individually, incorporated or unincorporated) invest their time, talent, financial and material resources to make a profit.

Chairperson: Head of the Commission appointed by the President with the consent of the Senate.

Commission: The Liberia Anti-Corruption Commission

Commissioner: A member of the Commission who is appointed by the President with the consent of the Senate.

County of Origin: The county of birth of one’s mother

PART III: ESTABLISHMENT OF THE COMMISSION

Section 3.1: That from and immediately after the passage of this Act, there shall be established an independent Commission in Government to be known as the Liberia AntiCorruption

Commission (LACC), hereafter referred to as the “Commission” which shall have the functions and powers as are conferred upon it by this Act.

Section 3.2: Offices: The Commission shall have its Head Office in the

City of Monrovia, and it may establish branches in all other parts of Liberia; and appoint and/or assign investigators and staff anywhere in Liberia.

PART – IV POWERS OF THE COMMISSION

Section 4.1: The Commission shall have a common seal, and the powers; a) To sue and be sued in its own name;

To enter into contracts and acquire, hold and alienate movable or immovable property by lawful means;

To issue citations in accordance with law requesting the appearance of any persons under investigation but not otherwise arrest;

To cause the arrest and detention of any person or persons in pursuance of its function;provided that any such arrest or detention shall be based on probable cause and upon a prior warrant issued by a court of competent jurisdiction;

To cause the freezing of assets of person or persons being investigated or prosecutedfor alleged act or acts of corruption; provided the freezing of asset or assets of any accused person or persons is, at all times, authorized by a prior order or warrant issued by a Court of competent jurisdiction.
1. To cause the confiscation of assets of convicted person(s) upon a judicial determination that the asset or assets to be confiscated are the proceeds of the act or acts of corruption of which the person or persons is convicted of; provided further that the confiscation is ordered at the end of all judicial proceedings, including, if taken, necessary appeal to the Supreme Court of

Liberia;

To establish counterpart and technical relationships with similar and other agencies, institutions and organizations in Liberia and abroad, as may be necessary for the effective discharge of its functions;

PART V: FUNCTIONS OF THE COMMISSION

Section 5.1: The Commission shall have the broad mandate and functions to implement appropriate measures and undertake programs geared towards investigating, prosecuting and preventing acts of corruption, including educating, the public about ills of corruption and benefits of its eradication.

Section 5.2: Without limiting the generality of PART IV – Section 4 above, the Commission shall have the following specific functions in accordance with law:

To investigate all acts of corruption discovered or reported to have occurred in the public, private, and civil society sectors of Liberia subsequent to the passage of this Act with the aim of identifying the person(s) and the extent of the loss of or damage to any public and/or private property as a result of the subject act of corruption;
To investigate the conduct of any person, irrespective of office or status, natural or otherwise, if the conduct of the person(s) constitute corruption;
To examine and investigate any information, matter or report that indicates or raises suspicion that the conduct, action or decision of a public or private official in line of official duty and in the context of the definition of corruption herein provided;
To cause the prosecution in coordination with the Ministry of Justice, all cases of corruption in the manner provided in this Act;
To develop and/or adopt appropriate measures consistent with law to identify, trace and freeze any assets and/or proceeds of acts of corruption and ensure the confiscation, in court of law, of said assets and proceeds there from;
To serve as the agency of Government of Liberia authorized to make and receive requests for the purpose of international mutual legal assistance in the fight against corruption;
To adopt, design and/or implement appropriate administrative and legal measures as well as educational programs aimed at eradicating and preventing acts of corruption;
To advise and assist public, private and civil society institutions relative to designing and implementing procedures and systems that are appropriate to reducing the likelihood of the occurrence of corruption;
To encourage and foster the effective participation of civil society organizations and the entire nation in the fight against corruption, and in so doing work with them in developing sensitization programs about both the ills of corruption and the benefits of preventing, fighting and eradicating corruption;
To serve as the agency of Government of Liberia with primary responsibility for the investigation of all acts of corruption and, in so doing, to promote and coordinate the collaboration of all law enforcement agencies of government in the discharge of their activities as they relate to combating corruption, including but not limited to;

(1) Tracing and monitoring the movement and whereabouts of persons accused of being involved in acts of corruption, and (2) building data-banks, maintaining of data bases, and sharing the contents of the data on persons or organizations convicted of acts of corruption without violating the fundamental rights of person (s) or organization(s) as enshrined in the Constitution of the Republic of Liberia;

To conduct research, survey and related studies about both (1) the dimensions, manifestations, and causes and effects of corruption; and (2) the practices, procedures and systems of governance and management that need to be adopted and promoted to combat, eradicate and prevent acts of corruption;
To lead the implementation of the Anti-Corruption Strategy of Liberia, including the

Code of Conduct for Liberian Public Servants;

To carry out and discharge any and all of its functions and operating procedures to be established hereafter by the Commission in accordance with law.

PART- VI COMPOSITION, APPOINTMENT AND TENURE

Section 6.1 Composition: The Commission shall be composed of five (5) individual members known as Commissioners; one of whom shall be appointed as Chairperson, one as Vice Chairperson who shall act as Chairperson in the absence of the Chairperson. The broad mandates of the Commission shall be:

Enforcement (consisting of investigation and prosecution of acts of corruption);
Education and Prevention; and
Administration

Section 6.2 – Appointment: The five (5) Commissioners shall be nominated by the President. The President may consult the civil society pursuant to the partnership between Government and said civil society in the fight against corruption. Upon being confirmed by the Liberian Senate, the Commissioners shall subsequently be appointed and commissioned to their respective offices by the President.

Section 6.3 Qualification: Each member of the Commission shall be a Liberian citizen of not less than thirty (30) years of age, of good moral character in the community, and with proven records in anti-corruption advocacy or professional training and/or experience in law, law enforcement, accounting, auditing or a related field. The membership of the Commission shall also be drawn to reflect the broad spectrum of society; provided further that no two Commissioners shall have the same County of origin and all five (5) shall not be of the same gender.

Section 6.4 Confirmation: Persons nominated to serve on the Commission who is an active member of any political party shall publicly resign before confirmation by the Liberian Senate, and appointment by the President of the Republic of Liberia. He or he shall, during the confirmation process, declare his or her assets and property interest which, unless found to be questionable, shall not prejudice the nominee.

Section 6.5 oath of office: All members of the Commission shall, before assuming their offices subscribe to a solemn oath or affirmation as required by the Constitution of Liberia.

Section 6.6 Tenure: The Chairperson and Vice Chairperson of the Commission shall be appointed by the President for a term of five (5) years each, and shall be eligible for reappointment for one additional term of five (5) years.

To ensure continuity, the President on a staggered term basis, subject to confirmation by the Liberian Senate, the President shall appoint three (3) additional Commissioners for terms as follows:

One (1) Commissioner shall be appointed for an initial term of four (4) years.
One (1) Commissioner shall be appointed for an initial term of three (3) years.
One (1) Commissioner shall be appointed for an initial term of two (2) years.

Therefore, all subsequent appointments shall be for a fixed period of five years. Commissioner so appointed shall be eligible for re-appointment once.

Section 6.7 Resignation: A commissioner may resign his or her office by serving a written notice on the President. A resignation shall become effective upon being received and accepted by the President.

Section 6.8 Removal: A Commissioner shall hold office during good behavior. A Commissioner shall be removed from office by the President for any gross breach of duty, misconduct in office, or any proven act of corruption.

Section 6.9 Where a vacancy occurs in the membership of the Commission, the President shall within ninety (90) calendar days of the occurrence of the vacancy, nominate a replacement to the Liberian Senate for confirmation consideration as provided for by this Act.

PART VII: DUTIES OF THE COMMISSIONERS AND MEETINGS

Section 7.1 Duties: All powers of the Commission are vested in the five (5) Commissioners provided for in this Act, all acting as a Body. The Commissioners shall be responsible for the formulation of policies and the implementing of all activities and programs of the Commission, including:

To make, approve, alter or repeal policies, procedures and systems governing or to govern the administration and operations of the Commission;
To create, merge and/or eliminate offices, committees and divisions of the Commission, and to effect any and all organizational changes in connection therewith;
To conclude and submit the annual budget and work program(s) of the Commission; and
To select and remove, pursuant to the provisions of this Act, the Executive Director and other senior officers of the Commission.

Section 7.2 Meetings: The Commissioners shall meet as frequently as necessary for the effective discharge of the mandate of the Commission, but not less than once a month, using the following general guidelines:

The Commissioners may adopt necessary bylaws or such internal rules as appropriate to provide for the calling of regular meetings and special meetings, the determination of quorum, and to prescribe the conditions under which notice for meetings may be required, served or dispensed with in each case;
A meeting of the Commissioners shall be convened by the Executive Chairperson, or in his/her absence, by the Vice Chairperson.
All meetings of the Commissioners shall be presided over by the Executive

Chairperson or, in his/her absence, by the Vice Chairperson;

Decisions of the Commission shall be by a simple majority of the votes of the members present and voting. The Chairperson shall vote only to break a tie.

PART VIII: ADMINISTRATION AND MANAGEMENT

Section 8.1: The Chairperson of the Commission shall head the administration and

management of the Commission, and as such shall also be known as and referred to as the Executive Chairperson.

Section 8.2 : The Executive Chairperson of the Commission shall:

as the Chief Executive Officer of the Commission, and be responsible for the other Commissioners, acting as a body, for the implementation of approved policies and programs of the Commission;
Serve Control, supervise and direct the administrative operation of the Commission;
Serve as the official head and spokesperson of the Commission, and
Preside over all meetings of both the Commission and the management team of the Commission.
For the purpose of carrying out the functions of his/her office, have the powers to act, contract, and sign instruments and documents, for the Commission and may, with the approval of the other Commissioners acting as a body, delegate such powers to other officers.

(a) Is substantively knowledgeable about or experienced in at least one or more of the following discipline:

Accounting, Economic or Managementii. Law, Political Science or any of the social science iii. Criminal justice/fraud investigation
- The Executive Director shall be recruited through a competitive and transparent recruitment process accompanied by appropriate public vetting.
- The Executive Director shall not hold membership in any political party. He or she shall, before assuming his or her office:

(1) Declare his or her assets and interests; and (2) subscribe to a solemn oath or affirmation to faithfully and impartially discharge the duties and functions of his or her office.

Section 8.5 Registration: An Executive Director or any staff employed by the Commission may at any time resign his/her position by a written instrument of resignation addressed to the Executive Chairperson. A resignation is effective upon being received and accepted by the Executive Chairperson.

Section 8.6 Removal: The Executive Director or any staff appointed by the Commission under a definite contract may be dismissed for cause in accordance with the Labor Law and Practices of Liberia and for any breach of the Code of Conduct for Liberian Public Servants.

Section 8.7 Functional Divisions: For the purpose of enhancing the ability of Commission, the Commission shall be divided into at least three (3) functional divisions with specific responsibilities as indicated below:

Administrative Division: This Division shall have the responsibility of running the day-to-day affairs of the Commission, including the supervision of personnel and the logistical duties of the Commission.
The Enforcement Division: This Division shall consist of two sub-units, namely, the Investigation Unit and the Prosecution and Legal Unit.

The Investigation Unit shall be responsible for discharging the investigative functions of the Commission and handling of all matters concerning mutual legal assistance in respect of act(s) of corruption.
Legal Unit shall be responsible to advise and discharge the legal activities including programs granted the Commission under this Act.

The Executive and Prevention Division: This division shall be responsible to undertake research into the causes, manifestation and dimensions of corruption, especially in Liberia, and advising on approaches and practices needed to be adopted by public and private institutions to prevent corruption. The Division shall also be responsible for designing and implementing programs aimed at educating the sensitizing the public about corruption and what can be done to prevent and combat corruption.
Others: The Commission shall have the power to create new divisions, merge any two or more of the existing divisions, and take any other actions as may be necessary for the proper management of the affairs of the Commission.
Each of the three functional divisions shall be headed by a line manager who shall be appointed by the Executive Chairperson, subject to the approval of the Commission.
In addition to the Executive Director and line managers, the Commission shall also employ or hire the services of staff, investigators, consultant, and experts as may be necessary for the proper performance of its functions.

PART IX: REMUNERATION AND CONDITION OF SERVICE

Section 9.1 Remuneration: All five (5) members of the Commission as well as the Executive

Director and other staff to be employed by the Commission shall carry out their duties and functions and serve the Commission on a full time basis.

Section 9.2 The Commissioners, the Executive Director and all other persons employed by the Commission shall receive compensations and benefits as shall be determined by the Commission through the National Budget processes, including legislative appropriation and approved. The compensation of the Commissioners shall be determined in light of the nature of the challenges involved in combating corruption.

Section 9.3 Condition of Service: As soon as possible and after its establishment and staffing, the Commission shall promulgate a personnel policy to provide for a clear policy of meritorious hiring, compensation, promotion and training.

Section 9.4 The Commission shall also promulgate an internal Code of Conduct for Commissioners and staff of the Commission, which shall also comply with the Code of Conduct for Liberian Public Servants. The internal Code of Conduct shall prescribe the minimum acceptable conduct expected of all members and staff of the Commission and the consequence(s) for any breach thereof. The internal Code of Conduct for the Commission shall also establish effective dispute resolution, procedures, including mechanism for the fair and speedy investigation, hearing and determination of any and all contested matters involving Commissioner and staff of the Commission.

PART X: CONDUCT AND COORDINATION OF INVESTIGATION

Section 10.1	A key function of the Commission shall be to investigate any and all acts, information and reports of corruption brought to its attention.
Section 10.2	Except as otherwise provided in this Act, the Commission’s power to investigate acts of corruption shall not be limited by any means, person(s) or process except by the requirement(s) of law and to the extent of its available resources, provided, however, that the Commission may from time to time coordinate with other investigative agencies of the Government in the discharge of its investigative power.
Section 10.3	An investigator employed by the Commission shall be deemed authorized to investigate acts, cases, information or reports of corruption duly assigned to him/her. The commission shall issue to all investigators identification device.
Section 10.4	For the purpose of exercising the power of investigation conferred on the Commission by this Act, the Manager of Investigation Unit of the Enforcement Division shall have the powers, privileges, rights and immunities of a police office in respect of arrest and detention of persons as well as search and seizure. The criminal procedures of Liberia shall apply to the exercise of such powers, rights and privileges.
Section 10.5	In compliance with the rights of the individual provided in the Constitution, the Commission shall formulate and adopt, as part of its operating procedures, adequate and appropriate rules and procedures to govern the investigation and interrogation of suspect(s) of corruption by the Commission in order to promote compliance with law and transparency as well as to further public confidence.
Section 10.6	Each investigator shall make a written report of the findings of every investigation conducted by him or her. The report of an investigation shall include appropriate recommendations and the basis for such recommendation(s).
Section 10.7	Individual or individuals, institution or institutions providing false, and misleading information to the commission against other individual or individuals, institution or institutions shall themselves be prosecuted for providing misleading information.

PART XI: CONDUCT AND COORDINATION OF PROSECUTION

Section 11.1	The prosecution of cases of corruption shall be carried out by the Ministry of Justice in coordination with Commission.
Section 11.2	In the event that an investigation reported by the Commission: (a) Finds that there is substantial evidence of corruption; and (b) Recommends that the person(s) or entity(ies) involved be formally charged and prosecuted; The matter and the records thereof shall be forwarded to the Ministry of Justice along with a written request signed by the Chairperson requesting that the case be prosecuted. The Commission shall prepare and maintain a register of all cases forwarded to the Ministry of Justice for prosecution along with details indicating those accepted for prosecution, those not accepted for prosecution, and those actually prosecuted.

Section 11.3	The Ministry of Justice may decline to prosecute a case of corruption recommended for prosecution if it determines that the evidence adduced by the Commission is manifestly inadequate or illegally acquired. In such case, the commission shall be given the opportunity to augment the evidence or to show that the evidence is in fact adequate and property acquired.
Section 11.4	Notwithstanding the above, the Commission may directly prosecute acts or cases of corruption through the courts if: (a) The Ministry of Justice, for whatever reason(s) does not take action to prosecute a case of corruption forwarded to it by the Commission within three (3) calendar months of the receipt of the request to prosecute. PART XII: FINANCIAL MATTERS
Section 12.1	The work of the Commission shall be financed through the National Budget by legislative appropriations. It shall be the responsibility of the Chairperson to ensure that the annual budget of the Commission is prepared and submitted in time to appropriate for agencies of Government.
Section 12.2	The Commission may also request and receive technical assistance, donations or grants from Liberia’s Development Partners and other international multilateral institutions in furtherance of its operations; provided that no such assistance, donation or grant is requested or received on condition that the Commission performs any function or discharge any duty determined by the donor against the interest of a Liberian(s) which is not a priority of the Commission. Notwithstanding, these amounts are to form part of the Commission’s budget.

Section 12.3 The Commission shall adopt a system of sound accounting and financial management policies in conformity with financial regulations of the Government of Liberia and generally accepted accounting principles to ensure prudent and efficient management of funds. The Commission shall specifically cause to be kept proper books and records of accounts for funds and resources received and expenditure incurred during its fiscal year.

Section 12.4 The financial statement of the Commission shall be prepared, audited and published within three months following the end of the financial year. Semiannual, unaudited financial reports of the Commission shall be prepared and made available to donors and the public upon request.

Section 12.5 Without prejudice to the right and work of the General Auditing Commission, the accounts of the Commission shall be audited by an independent audit firm.

PART XIII: INDEPENDENCE: COOPERATION

Section 13.1 The Commission shall be independent in all its operations. It shall enjoy financial autonomy and operational independence; and shall generally formulate policies and discharge its functions without regards to political, religious or other social concerns, except to the extent reasonably necessary to further the Commission’s general mandate to combat corruption.

Section 13.2 In furtherance of the independence of the Commission, the full amount of each annual budgetary appropriation made for the

Commission in the National budget shall be disbursed to the Commission on a quarterly basis.

Section 13.3 The Chairperson, Executive Director, Managers, and all staff and investigators of the Commission shall be free of undue interference in the discharge of their duties.

Section 13.4 Each investigator shall enjoy independence in respect of the scope of his or her investigation, including the findings and conclusions thereof. Neither the Executive Chairperson nor the Executive Director, managers, or any Commissioners or anyone else shall seek to influence the findings and/or conclusions of an investigation report. Only a supervising officer shall contact an investigator in respect of the status of an on-going investigation.

Section 13.5 In the performance of its functions, the Commission may:

Cooperate with other national and international public; and private institutions in the design and/or implementation of specific measures and programs;
Coordinate and collaborate with other law enforcement agencies, including the Ministry of Justice and existing law enforcement agencies of the Government of Liberia; and
In consequence of such coordination and cooperation, as indicated above, accept the inputs of such private and public bodies in deciding the content, methodology and timing of its actions.

PART XIV: ANNUAL REPORTS

Section 14.1 The Commission shall, within three months after the end of any fiscal year, submit to the President and Legislature, an annual report, indicating the following:

The number and summaries of investigations carried out during the year with indication of their findings and status;

The number of corruption cases investigated by the Commission and forwarded to the Ministry of Justice for prosecution along with an indication of the number of such cases that have been or are being prosecuted;
The monetary value of corruption cases investigated and/or prosecuted by the Commission;

A summary of the state of the Commission and its finances; and
Any other matter that may be required by the Legislature;

Section 14.2: Notwithstanding the provision of Section (15.1), the Commission shall report quarterly to the President and the Legislature on progress made in the pursuance of its mandate

Section 14.3 The Commission shall submit such and other reports as are requested by the Legislature and the Chairperson shall deem necessary.

Section 14.4 The Commission shall publish its annual report and other reports for the consumption of the general public. The annual report and other reports of the Commission may be published in the local print and electronic media and on the internet and in such other manner as the Commission may determine, taking into consideration the need to reach more members of the public.

PART XV: REPEALS AND AMENDMENTS

Section 15.1 That from and immediately after the passage of this Act, Sections 22.2(a) and 22.2(b) of the New Executive Law of Liberia are hereby amended to remove the exclusivity granted the Ministry of Justice to prosecute, defend, and institute all suits of corruption in which the Republic of Liberia is a party, or is necessary for law enforcement. Further, all provisions of the New Executive Law authorizing existing law enforcement agencies to investigate suspected acts of corruption are hereby repealed.

2.5.2 FINANCIAL INTELLIGENCE UNIT ACT 2012

APPROVED APRIL 30, 2013

PUBLISHED BY AUTHORITY OF MINISTRY OF FOREIGN AFFAIRS

MONROVIA, LIBERIA

It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

SECTION 1: The short title of this act shall be the “Financial Intelligence Unit Act”.

SECTION 2: Part IV Autonomous Agencies of the Executive Law, Title 12 of the

Liberian Code of Laws Revised is hereby amended to add Chapter 67 Financial Intelligence Unit of Liberia to read as follows:

CHAPTER 67: ESTABLISHMENT OF THE FINANCIAL INTELLIGENCE UNIT

Chapter 67. Financial Intelligence Unit of Liberia

In this chapter, unless the context otherwise requires:

“AML/CFT” means anti money laundering and countering financing of terrorism;

“Board” means the Board of Directors of the Financial Intelligence Unit;

“Business relationship” means an arrangement between a person or two or more persons and a financial arrangement is to facilitate an occasional, frequent, habitual or regular course of dealing between them.

” Customer” means in relation to transaction or an account:

A person whose name a transaction account is arranged, opened or undertaken;
A signatory to a transaction or account;
any person to whom a transaction has been assigned or transferred;
any person who is authorized to conduct transaction or control an account or;5)any other person as may be prescribed;

“data” means representations, in any form, of

“designated non-financial businesses and

casinos, including internet casinos;
real estate agents;
dealers in precious metals;
dealers in precious stones;
professionals and accountants when concerning any of the following:

buying and selling of real estate;
managing of client money, securities
management of bank, savings or
organization of contributions for the
creation, operation or management of entities;

6) trust and company service providers or carry out transactions on behalf of customers in relation to any of the following services to third parties;

acting as a formation, registration or management agent of legal person;

acting as or arranging for another person to act as a director or secretary of a company or a partner of partnership, or to hold a similar position in relation to another legal person;

providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement;
acting as, or arranging for another person to act as a trustee of an express trust or other similar arrangement; or
acting as or arranging for another person to act as, a nominee shareholder for another person and such other businesses and professions as may be prescribed by regulation by a competent authority;

“Director” means the Director of the Financial Intelligence Unit;

“document” means record or information kept in any form including:

anything on which there is a writing;

anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them;

anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or

maps, plans, drawings or photographs;

“financial institution” means any person or legal entity that conducts as a business one or more of the activities listed below for or on behalf of a customer:

acceptance of deposits and other repayable funds from the public, including private banking;
including, but not limited to, consumer credit, mortgage credit, factoring (with or without recourse) financing of commercial transactions, including forfeiting;
financial leasing other than with respect to arrangements relating to consumer products;
the transfer of money or value;
issuing and managing means of payment, including, but not limited to, credit and debit cards, travelers’ checks, money orders and bankers’ drafts, and electronic money;
issuing financial guarantees and commitments;
trading in:
1. money market instruments, including, but not limited to, checks, bills, certificates of deposit and derivatives;
2. foreign exchange;
3. exchange, interest rate and index instruments;
4. transferable securities; and
5. commodity futures trading.
participation in securities issues and the provision of financial services related to such issues;
individual and collective portfolio management’
safekeeping and administration of cash or liquid securities on behalf of other persons;
investing, administering or managing funds or money on behalf of other persons;
underwriting and placement of life insurance and other investment-related insurance, including insurance intermediation by agents and brokers; and
money and currency changing;

“FIU” means the Financial Intelligence Unit of Liberia established under this chapter;

“freezing” means to prohibit the transfer, conversion, disposition or movement of funds or other assets on the basis of and for the duration of the validity of an action initiated by a court order;

“originator” means the account holder, or in the absence of an account, the person that places the order with a financial institution to perform a wire transfer

“politically-exposed person” means any person who is or has been entrusted with a prominent public function in foreign country or Liberia, including but not limited to a Head of State or of Government, a senior politician, a senior Government, judicial or military official, or any person who is or has been an executive in a foreign country or Liberia of a State owned enterprise, or any person who is or has been a senior political party official in a foreign country or Liberia or member of the legislature or senate or other parliamentary body of a foreign country or Liberia;

“property” means currency and assets of every kind in any form including electronic or digital, evidencing title o, or interest in, such assets, including but not limited to bank credits, travelers’ checks, bank checks, money orders, shares, securities, bonds, drafts, letters of credit, whether situated in Liberia or elsewhere and encompasses legal or equitable interest in any such property whether:

corporeal or incorporeal;
moveable or immovable;
tangible or intangible; and4)legal documents or instruments.

“reporting entity” means any financial institution or designated non-financial business or professional required of report to the Financial Intelligence Unit;

“Supervisory Authority” means the Central Bank of Liberia or any other authority having oversight over a reporting entity;

‘Suspicious Transactions Report” means report of any transaction thought for any justified reason that it is related to proceeds of any crime or relating to money laundering or terrorist financing required to be made by reporting entities;

“terrorist” means any natural person who:

commits or attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully and willfully;
participates as an accomplice in terrorist acts;
organizes or directs others to commit terrorist acts; or
contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act;

“terrorist act” means such act as defined in the Penal Law;

“transaction” means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition, or the arrangement thereof, and includes but is not limited to:

opening of an account;
any deposit, withdrawal, exchange or transfer of funds in any currency whether in cash or by check, payment order or other instrument or by electronic or other nonphysical means;
the use of a safety deposit box or any other form of safe deposit;
entering into any fiduciary relationship;
any payment made or received in satisfaction, in whole or in part, of any contractual or other legal; obligation
any payment made in respect of a lottery, bet or other game of chance; 7)establishing or creating a legal person or legal arrangement; or 8)such other transaction as may be prescribed.

“wire transfer” means any transaction carried out on behalf of an originator through a financial institution (including an institution that originates the wire transfer and an intermediary institution that participates in completion of the transfer by electronic means with a view to making an amount of money available to a beneficiary person at another financial institution.

67.2. Establishment of the Financial Intelligence Unit

There is hereby established an autonomous agency to be known as the Financial Intelligence Unit (FIU) which shall serve as the central, national agency of Liberia responsible for receiving, requesting, conducting preliminary investigations, analyzing and disseminating information concerning suspected proceeds of crime and terrorist property, as provided for by this Chapter.

Functions and powers of the Financial Intelligence Unit

The FIU shall:

1) receive and analyze intelligence and other public and non-public information in order to disseminate useful information to law enforcement and other competent authorities involved in investigating, prosecuting, detection and prevention of money laundering and terrorist financing, including:

suspicious transaction or cash transaction reports pursuant to AML/CFT reporting obligations from reporting entities, Government Ministries, Government Agencies, quasi Government Agencies or institutions, or stateowned entities as required by law;

public and non-public information provided to the FIU or obtained by the FILT related to money laundering or the predicate offenses, proceeds of crime or related activities;

trace and/or monitor property or assets suspected to be related to money laundering or its predicate offenses, terrorist financing, or proceeds of crime;

transmit any information derived from analysis or examination by the FILI to the appropriate domestic or foreign law enforcement authorities on a need to know basis, if there is reason to believe it is relevant to an investigation for a money laundering offense or terrorist financing or an offense involving criminal proceeds;

disseminate or exchange information with competent domestic or foreign authorities when there are reasonable grounds to believe that the information would be relevant for identifying, tracing, investigating crime proceeds or prosecuting money laundering or related predicate crimes, or terrorist financing;

enter into any necessary legal agreements or other arrangements (including memorandum of understanding) with authorized domestic, and foreign or international Agencies through the relevant Government institutions to promote cooperation, or information exchange or disclosure in accordance with law upon approval by the Board of the FIU;

together with relevant supervisory authorities:
1. build, implement and continue to improve effectiveness of legally enforceable and necessary preventative measures to obligate reporting entities to identify and detect unusual and/or suspicious activities of their clients, customers or other entities or persons with whom they engage related to money laundering, terrorist financing and proceeds of crime;

coordinate training and support in drafting, implementing and improving AML/CFT inspection procedures and their effectiveness;

draft and implement legally enforceable AML/CFT reporting and other internal control obligations applicable to legal entities and individuals subject to AML/CFT obligations;

provide AML/CFT training programs to reporting entities and individuals to effectively discharge their AML/CFT obligations; and

examine sanctions and penalties for non-compliance with AML/CFT reporting and other obligations to ensure they are proportional, effective and dissuasive;

participate in AML/CFT inspection of supervisory authorities to monitor compliance with AML/CFT reporting and other obligations, when appropriate;

promptly inform the relevant supervisory authority where the FIU discovers that a reporting entity is not in compliance with AML/CFT obligations and direct the supervisory authority to take effective and appropriate actions;

provide feedback and guidance to supervisory authorities and reporting entities to enhance effectiveness of implementation and compliance with AML/CFT requirements;

regulate, supervise, monitor and enforce compliance of AML/CFT obligations of reporting entities that do not have a supervisory authority;

in collaboration with supervisory authorities, issue appropriate regulations;

serve as the central coordinating body for development and implementation of national AML/CFT policies and strategies to ensure effective implementation of international AML/CFT standards;

examine records, computer systems or data processing systems of reporting entities relevant to ensuring compliance with obligations and make copies of any records;

enforce compliance where a reporting entity fails to comply in whole or in part with reporting obligations through administrative sanctions established by regulation or initiate or refer the matter to the Ministry of Justice for prosecution where an offense has been committed;

collaborate with relevant supervisory authorities, law enforcement and national security Agencies to implement procedures for freezing and seizing assets of known or designated terrorists in accordance with relevant United Nations Security Council Resolutions; and

promote declaration or disclosure of physical cross-border transportation of currency or bearer negotiable instruments.

Reporting

Section 1. Reports. In keeping with powers vested, the FIU shall receive, review and analyze reports from the following entities or persons hereinafter referred collectively as “reporting entities”, for the purpose of monitoring proceeds of crime, money laundering and terrorist financing:

Financial institutions;
Non-financial business and professions; and

state institutions, ministries, agencies, quasi-government organizations or state-owned enterprises, who shall promptly report relevant information which may reasonably be related to crime proceeds, money laundering, predicate offenses or terrorist financing to the FIU when required to do so by law, regulation or memorandum of understanding or voluntarily, if such suspicion becomes apparent in the course of work. If, due to the regular course of business, type of work, or risks due to the nature of the sector in which a state institution operates, indications of activity or transactions which may be related to crime proceeds, money laundering, predicate offenses or terrorist financing are occasionally or frequently apparent, such state institution shall consult with the FIU to jointly determine whether it may be useful to consider formal implementation of systems and procedures for:

transmitting such information to the FIU; or

a system of internal controls and/or screening tools such as risk factors or other indicators that may be useful in identifying transactions, persons or activities that may be involved in criminal activity.

Preventative Measures against Money Laundering, Terrorist Financing and Crime Proceeds:

Section 1. Non-Compliance. The FIU shall ensure that reporting entities meet mandatory AML/CFT obligations subject to oversight, regulation, supervision, monitoring of compliance, and for which non-compliance shall be sanctioned according to law.

Section 2. Suspicious transaction reporting (“STR “) The Flt-J shall:

require financial institutions, designated non-financial businesses and professions, and State entities to submit a Suspicious Transaction Report (STR) within 3 days to the Flt-J if they suspect or have reasonable grounds to suspect that any property is related to, intended for use in, or linked in any other way to money laundering or its predicate offences, proceeds of crime, or terrorism, terrorist acts or terrorist organizations, or is to be used for terrorism, terrorist acts or terrorist organizations or those who finance terrorism;

ensure that the STR reporting obligation of said entities shall also apply in cases where there is any suspicion of money laundering, terrorist financing, or that the property or assets involved might be criminal proceeds with respect to:

attempted transactions which are cancelled or retracted for reasons suspected to include avoiding or evading reporting obligations or other laws; or

when an application to open an account for the use of any financial products or services is rejected by the reporting entity due to the suspicion that the property or assets may be proceeds of crime or linked to criminal activity;

require professionals and accountants to submit suspicious transaction reports only when:
1. they engage, on behalf of or for a client, in a financial transaction associated with an activity specified in relation to such professionals under regulation by the FIU;
2. the relevant information upon which the suspicion is based was not received from or obtained on a client;

in the course of ascertaining the legal position of their client; or

in performing their task of defending or representing that client in, or concerning judicial, administrative, arbitration or mediation proceedings, including advice on instituting or avoiding proceedings, whether such information is received or obtained before, during after such proceedings;

require dealers in precious metals and stones to submit a suspicious transaction report when there is a suspicious transaction greater than or equal to the amount prescribed in regulations;

require supervisory authorities to report suspicious transactions if, in the course of their responsibilities, they obtain information on a transaction that is reasonably construed to be related to money laundering or terrorist financing or any other crime;

Section 3. Currency transaction reports (“CTR”). The FIU shall also require reporting entities to submit within 3 working days, a report to the FIU of any suspicious currency transaction in an amount equal or above amounts prescribed in regulations.

Section 4. Other Reports. The FIU may require said reporting entities to expeditiously provide the FIU additional information needed to act on and analyze the information and data provided in STR and CTR reports.

Section 5. Regulations. The FIU shall as relates to STR and CTR reports issue regulations on the procedures and methods for submission and secured transmission, as well as the form and content of STR, CTR and other reports to the FIU.

Section 6. Monitoring. The FIU shall also require respective designated supervisory authorities to monitor and enforce compliance with AML/CFT reporting obligations and, whenever it appears to a designated supervisory authority that a reporting entity, is not complying or has not complied with reporting obligations, it shall without delay inform the FIU. The FILT shall encourage supervisory authorities to consult with it with respect information and statistics regarding reports to the FIU made by reporting entities, and during compliance inspections and examinations, as well as in monitoring the implementation of corrective and remedial actions a reporting entity. Reporting institutions shall also be required to:

pay special attention to all complex, unusual large transactions and all unusual patterns of transactions which have no apparent economic or visible lawful purpose, or from a customer in country or area that lacks satisfactory measures to combat acts of money laundering or terrorist financing;

examine as far as possible the background and purpose of complex, unusually large and unusual patterns of transactions that appear to have no visible economic or lawful purpose, and set forth in writing their findings. The findings shall be maintained in writing in client files an or to by a

shall be made available promptly if requested by the FIU or competent supervisory authority that should have access; and

take such specific measures as may be prescribed by the FIU or competent supervisory authority by regulation to counter the risks with respect to such business relations and transactions.

67.6. Internal Controls

Section I. Policies and Procedures. The FILT shall further ensure that Internal AML/CFT control obligations applicable to all reporting entities are established and regularly updated within such entities.

Section 2. Compliance Officers. The FIU shall require AML/CFT Compliance Officers to be appointed as responsible to implement and promote compliance with all AML/CFT obligations within Reporting Entities.

Section 3. 1nternal or External Audit. The FIU shall require Internal Audit Units or departments of reporting entities to undergo periodic audits by external auditors.

Section 4. Screening and integrity of employees. The FILT shall require Reporting entities to implement adequate hiring procedures and background check screening procedures to ensure high standards of integrity of its staff

Section 4.1nternal Training. The FIU shall ensure that Reporting entities are required to provide AML/CFT training for all employees on a regular basis and that records of the training materials used and documentation of attendance, dates and times that training programs were held shall be retained in files for the purpose of AML/CFT supervisory inspections.

Section 5. Record keeping. The FIU shall require Reporting entities to maintain documents and records in accordance with applicable regulations for the respective sector or profession.

Section 6. Customer Due Diligence. The FIU shall take measures to ensure that reporting entities maintain adequate procedures and policies regarding customer due diligence and that they require their foreign branches and majority-owned subsidiaries to implement customer due diligence.

7. Board of the Financial Intelligence Unit

There is hereby established a Board of Directors of the FIU which shall formulate and ensure the implementation of policies necessary for the achievement of the objective of anti-money laundering and terrorist financing laws, and oversee the implementation of anti-money laundering and financing of terrorism policies in Liberia. The Board shall be the governing body of FIU. The Board, shall, in its actions, support the overall purpose and functions of the FILI as outlined in Sections 67.3 and 67.4 of this chapter. The Board shall be appointed by the President and shall comprise representatives of: Central Bank of Liberia as the chairperson;

the Ministry of Finance;
the National Security Agency;
the Ministry of Justice;
the Director of FIU;
the Liberian Anti-Corruption Commission;
the Ministry of Foreign Affairs;
civil societies; and
the business sector.

8. Powers and Functions of the Board
The Board shall:
1. instruct the Director to furnish it with any information, reports or other documents which the Board considers necessary for the performance of its functions;

review and approve reports and other documents prepared by FIU as

referred to in this chapter; and

oversee and monitor the administration, management of FIU.

The Board shall have the power to regulate its own procedure and may make standing orders providing for all matters relating to the proper conduct of its business.

The Board shall be the governing body for the FIU, and in that respect shall: I.approve operational principles and guidelines of the FIU;
1. approve the management, performance, policies and annual operational plans and budget of the FIU•,

approve general terms and conditions of employment for employees of the FIU;

oversee and monitor the management and performance of the FIU; and

appoint the auditor of the FILT and approve the auditor’s reports.

Meetings and Procedures of the Board

The Board shall establish bylaws for its internal governance pursuant to international best practices applicable to FIU including meetings, voting and other internal procedures.

67.10. Appointment & Duties of Director

Appointment. The President shall, on recommendation of the Board appoint a Director for FILI and a Deputy Director. The Director of FILI shall be secretary to the Board. The Board shall vet all candidates on the basis of professional and technical skills, and ethics. The Director shall hold office for a term of five years which may be subject to renewal once. The Director shall be removed from office on grounds of misconduct or other good cause based on a written recommendation of members of the Board. A person may not be appointed or remain Director who is a director, officer, agent or employee of a financial or other institution creating conflict of interest or has a controlling interest in any financial institution.

Duties. The Director shall be responsible for the day to day administration of the Flt-J and shall be answerable to the Board in the performance of functions under this chapter. The Director may delegate a function to the Deputy Director but the Director shall not be relieved of the ultimate responsibility for the performance of the delegated function.

11 Funds of the Financial Intelligence Unit

shall prepare for each new financial year an annual budget of revenue and expenditure in accordance budgetary process which shall be submitted to the President and National Legislature at least three prior to the commencement of the financial year. The main source of funds of the FIU shall be from the government, including, but not limited to:

moneys approved by the Legislature;

donations and grants from international organizations duly approved by the Board;
and any other moneys that are approved by the Minister of Finance.

12 Accounts and Audit
1. Records and Audits. The Director of the FIU shall keep books of account and proper records in to the FIU in the form approved by the Board. The accounts of the FIU shall be audited by the authority in Liberia. The Board shall, not later than one month after the receipt of the accounts and report, forward a copy of the audit report to the President and National Legislature. The financial year of shall be the same as the financial year of the Government.

Annual Report. The Board shall, within one month after the receipt of the audit report, submit an annual to the President and National Legislature with observations and recommendations as the Board may necessary.

Obligation regarding Confidentiality and Use of Information

Any person, the Director, and every person employed with or seconded to the FIU shall be to keep confidential any information obtained within the scope of his/her duties, and after the cessation duties, except as otherwise provided in this chapter or as ordered by a court.

Penalty. Any current or past employee of the FIU or other person who has or performs duties for or within the intentionally reveals information, the confidentiality of which is required to be protected, or misuses information shall commit a second degree felony under the Penal Law.

Action Regarding Reports and Other Information Received

Proceeds of Crime. Whenever the FIU shall have reasonable grounds to suspect that property is proceeds of is related to or intended for the financing of terrorism, or is terrorist property, it shall forward the relevant information to the prosecutorial authority, investigative authority or judicial authority to decide upon further

Additional Information. In relation to any information it has received in accordance with its functions, the shall be authorized to obtain from any entity or person subject to the reporting obligation, any additional information that the FIU deems necessary to carry out its functions. The information requested shall be provided within the time limits set and the form specified by the FIU

The FIU shall be authorized to access and review information on-site that belongs to or is in the custody of financial institutions and designated non-financial businesses and professions which is necessary to the fulfillment of the functions of the FIU.

The FIU shall, in relation to any report or information it has received, obtain where not otherwise prohibited by law, any information it deems necessary to carry out is functions from:
1. A law enforcement authority;
2. Any authority responsible for the supervision of the entities and persons subject to this law; and
3. Any other public agency.

Immunity

No civil or criminal action shall be brought against the Director, any officer, employee or agent of the FIU acting under the direction of the Director for anything done in good faith in the administration or lawful discharge of any powers, duties or functions under this chapter. Notwithstanding the foregoing, such persons shall not be immune from liability for gross negligence or intentional or malicious crimes, or corruption.

SECTION 3: This Act shall take effect immediately upon publication in Hand bills by the Ministry of Foreign Affairs.

2.5.3 MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT (2012)

It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

SECTION 1: Part I Introductory, of the Criminal Procedure Law, Title 2 of the Liberian Code of Laws Revised is hereby amended to add a new Chapter 9 Mutual Legal Assistance in Criminal Matters to read as follows:

PART 1: INTRODUCTORY

CHAPTER 9. MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS.

9.1. Purpose
9.2. Application of chapter
9.3. Scope
9.4. Definitions
9.5. Authority to make and act on mutual legal assistance requests
9.6. Mutual legal assistance requests
9.7. Content of requests for mutual legal assistance
9.8. Foreign requests for voluntary appearance of detained person
9.9. Foreign requests for evidence-gathering
9.10. Enforcement of Confiscation Orders abroad
9.11. Privilege for foreign documents
9.12. Costs of executing requests for mutual assistance §9.13. Asset sharing §9.1. Purpose

The purpose of this chapter is to enable the Republic of Liberia to cooperate with foreign States in criminal investigations and proceedings.

9.2. Application of chapter

This chapter shall apply in relation to mutual legal assistance in criminal matters between the Republic of Liberia and:

(a) any foreign State, subject to any condition, variation or modification in any existing or future agreement with that State, whether in relation to a particular case or more generally and shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance; or (b) any international tribunal.

9.3. Scope

Mutual legal assistance shall be afforded to the fullest extent possible with respect to investigations, prosecutions, judicial proceedings in relation to serious crimes, money laundering, terrorism, terrorist financing, and all predicate offenses for money laundering.

9.4. Definitions

Unless the subject or context otherwise requires, in this chapter:

“document” means any record of information, and including anything on which there is writing or marks, figures, symbols, or perforations having meaning for persons qualified to interpret them or anything from which sounds, images or writings can be produced, with or without the aid of anything else or a map, plan, drawing, photograph or similar thing;

“foreign State” means any country other than the Republic of Liberia and every constituent part of such country, including a territory, dependency or protectorate, which administers its own laws relating to international cooperation;

“person” means any natural or legal person;

“proceedings” means any procedure conducted by or under the supervision of a judge, magistrate or judicial officer however described in relation to any alleged or proven offense, or property derived from such offense, and includes an inquiry, investigation, or preliminary or final determination of facts;

“Property” means currency and assets of every kind in any form including electronic or digital, evidencing title to, or interest in, such assets, including but not limited to bank credits, travelers checks, bank checks, money orders, shares, securities, bonds, drafts, letters of credit, whether situated in Liberia or elsewhere and encompasses legal or equitable interest in any such property whether:

(l) corporeal or incorporeal;

moveable or immovable;
tangible or intangible; and
legal documents or instruments

“proceeds of crime” means any property derived or realized directly or indirectly from a serious offense and includes, on a proportional basis, property into which any property derived or realized directly from the offense was later successively converted, transformed or intermingled, as well as income, capital or other economic gains derived or realized from such property at any time since the offense;

“record” means any material on which data are recorded or marked and which is capable of being read or understood by a person, computer system or other device;

“requesting state” means any foreign country or state that has made a request for mutual legal assistance.

9.5. Authority to make and act on mutual legal assistance requests

Section I. Making of request. The Ministry of Justice in collaboration with the Financial Intelligence Unit shall have the power to make requests on behalf of the Republic of Liberia through the Ministry of Foreign Affairs to the appropriate authority of a foreign State for mutual legal assistance in any investigation commenced or proceeding instituted in the Republic of Liberia relating to any grave offense including offenses relating to money laundering and terrorist financing, civil forfeiture investigation or proceeding, or administration of a victim’s claim. It may enter into an agreement with the authority of a foreign State relating to such request and the use and disclosure of any information or evidence received. These provisions shall apply to requests made where State Parties are not otherwise bound by bi-lateral or other treaties of mutual legal assistance. If those States parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States parties agree to apply the provisions of this chapter in lieu thereof.

Section 2. Receipt of request. The Ministry of Justice shall receive requests for mutual legal assistance in criminal matters through the Ministry of Foreign Affairs and either to execute them or transmit them to the Financial Intelligence Unit and other appropriate authorities for execution. The Ministry of Justice shall ensure the speedy and proper execution or transmission of the requests received. Requests for mutual legal assistance and any communication received by the Ministry of Foreign Affairs shall be promptly transmitted to the Ministry of Justice. This requirement shall be without prejudice to the right of a State party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent circumstances, where the States parties agree, through the International Criminal Police Organization, if possible.

Section 3. Declining request. The Ministry of Justice shall not decline to render mutual legal assistance on a reciprocal basis on ground of bank secrecy, financial secrecy or other similar confidentiality provisions. Although mutual legal assistance may be declined on the ground of

absence of dual criminality, where consistent with the basic concepts of Liberia’s legal system, assistance may be rendered that does not involve coercive action. Such assistance may be refused when requests involve matters of a de minimis nature or matters for which the cooperation or assistance sought is available under other procedures. Reasons shall be given for refusal of any mutual legal assistance in criminal matters to the requesting State. Mutual legal assistance may also be declined by the Ministry of Justice:

if the request is not made in conformity with the provisions of this chapter, other lawsor the Constitution of the Republic of Liberia;
if the request is likely to prejudice Liberia’s sovereignty, security, public order or other national or essential interests of Liberia;
if the request is prohibited by Liberian law and the action requested with regard to any similar offense, had it been subject to investigation, prosecution or judicial proceedings in Liberia; or
if it would be contrary to the legal system of Liberia for the request to be granted.

9.6. Mutual legal assistance requests

Section l. Requests by the Ministry of Justice. The mutual legal assistance requests on a reciprocal basis which the Ministry of Justice is authorized to make are:

that the foreign State has evidence taken or statements from persons, or documents or other articles produced in evidence in the foreign State;
to effect service of judicial documents;
to execute searches, seizures and Freezing Orders;
to examine objects and sites;
to provide information, evidentiary items and expert evaluations;
to provide originals or certified copies of relevant documents and records, includingGovernment, bank, financial, corporate or business records;
to identify, track or trace proceeds of crime, property, instrumentalities or other things for evidentiary purposes;
to facilitate the voluntary appearance of persons for a requesting state;
to identifying, freezing and tracing proceeds of crime;
to locate and restrain any property believed to be the proceeds of crime located inthe foreign State;
to locate and confiscate any property believed to be located in the foreign State, which is the subject of a Confiscation Order relating to money laundering or terrorist financing;

to transmit any such confiscated property or any proceeds realized therefrom or any such evidence, documents, articles or things; and (m)to enable the recovery of assets.

Section 2. Requests from foreign States. Requests for mutual legal assistance on a reciprocal basis from foreign States shall be executed as soon as possible by the Ministry of Justice and full account shall be taken of suggested deadlines of the requesting State for which reasons are given. Response shall be made to reasonable inquiries on the status and progress in handling of such request by a requesting State.

Section 3. Postponement of request. A request for mutual legal assistance may be postponed by the Ministry of Justice on ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.

9.7. Content of requests for mutual legal assistance

A request for mutual legal assistance shall be made in writing or, where possible, by any means capable of producing a written record in an acceptable language under conditions allowing establishment of authenticity. In urgent circumstances and where agreed with another State, a request may be made orally but shall be confirmed in writing forthwith. A request shall be executed in accordance with the domestic law of Liberia and in accordance with the procedures specified in the request. A request for mutual legal assistance shall contain:

the identity of the authority making the request;
the subject matter and nature of the investigation, prosecution or judicial proceedingto which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding;
a summary of the relevant facts, except in relation to requests for the purpose ofservice of judicial documents;
a description of the assistance sought and details of any particular procedure that therequesting State party wishes to be followed;
where possible, the identity, location and nationality of any person concerned; and(f) the purpose for which mutual legal assistance is sought.
- Foreign requests for voluntary appearance of detained person

Section l. Informed consent of detainee. Where the Ministry of Justice approves a request of a foreign State to have a person, who is detained in custody in Liberia by virtue of a sentence or order of a court transferred to a foreign State for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings, an authorized person may apply to the court for a transfer order. The court may make a transfer order where it is satisfied, having considered any documents filed or information given in support of the application, that the detained person freely gives his or her informed consent to the transfer and voluntary appearance.

Section 3. Credit for time served. The person transferred shall receive credit for service of the sentence being served in Liberia for time spent in the custody of the foreign State to which he or she was transferred to make a voluntary appearance.

Foreign requests for evidence-gathering

Section I. Witnesses and experts. Where the Ministry of Justice grants a request by a foreign State on a reciprocal basis to compel a person to give evidence as a witness or expert in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State, such person shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from Liberia. Such safe conduct shall cease when the witness, expert, or other person having had, for a period of fifteen consecutive days or for any period agreed upon from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the foreign State or, having left it, has returned of his or her own free will.

Section 2 Government records. The Ministry of Justice may provide to a requesting foreign State on a reciprocal basis copies of Government records, documents or information that are available to the general public by law, or at its discretion, not available to the general public relating to a criminal matter.

Section 3. Investigative techniques. On a reciprocal basis, the Ministry of Justice may grant requests to allow for the appropriate use of special investigative techniques of controlled delivery and other special investigative techniques such as electronic or other forms of surveillance and undercover operations within Liberia and allow for the admissibility in court of evidence derived therefrom pursuant to established rules of evidence.

Enforcement of Confiscation Order abroad

Where after conviction for a serious offense including money laundering and terrorist financing, a Confiscation Order has been made in the Republic of Liberia in respect of property that is proceeds or an instrumentality, and such property is situated in a foreign State, the Ministry of Justice may request assistance from the foreign State to ensure that the property specified in the order is realized. If a request has resulted in the realization of property in the foreign State, the property realized shall be applied in accordance with the terms of any agreement with that foreign State. A request for such assistance shall have attached to it a copy of the final Confiscation Order and a statement signed by a judge of that court to the effect that no further appeal against the order can be made.

Privilege for foreign documents.

A document sent to the Ministry of Justice by a foreign State in accordance with a request for mutual legal assistance shall be privileged and no person shall disclose to anyone the document, or its purport, or the contents of the document or any part thereof, before the document, in compliance with the conditions on which it was sent, is made public or disclosed in the course of and for the purpose of any proceedings. Except to the extent required by this chapter to execute a request by a foreign State for mutual legal assistance, no person shall disclose the fact that the request has been received, or the contents of the request. A violation of the provisions of this section shall constitute a first degree misdemeanor under the Penal Law.

9.12. Costs of executing requests for mutual assistance.

The Ministry of Justice on a reciprocal basis shall consult with a requesting foreign State when making a request for mutual assistance to determine the manner in which related costs shall be borne.

9.13. Asset sharing

Where the Ministry of Justice considers it appropriate in view of reciprocity and because of an international arrangement so requires or permits or in the interest of comity, the Ministry of Justice may order that the whole or any part of any property confiscated under this chapter or the value thereof be given or transmitted to the requesting state.

SECTION2: This Act shall take effect immediately upon publication in Handbills by the Ministry of Foreign Affairs.

ANY LAW TO THE CONTRARY NOTWITHSTANDING

2.5.4 PROVISIONAL REMEDIES FOR PROCEEDS OF CRIME ACT (2013)

It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

SECTION 1: The short title for this Act shall be the “Provisional Remedies for Proceeds of Crime Act”.

SECTION 2: Chapter 7 Provisional Remedies, Subchapter D Preliminary Injunctions of the Civil Procedure Code, Section 7.64 Temporary Restraining Order, Title 1 of the Laws Revised is hereby amended to add a Section5 Proceeds of Crime to read as follows:

CHAPTER 7. PROVISIONAL REMEDIES

SUBCHAPTER D. PRELIMINARY INJUNCTIONS

7.64. Temporary Restraining Order

Section 5. Proceeds of Crime. Where a person is under prosecution in court for an offense or has been convicted of an offense including money laundering and/or terrorist financing, prior to sentencing, a motion for a preliminary injunction may be made by prosecution and a temporary restraining order granted by a court based on records against specified property believed to be the proceeds or instrumentalities of the offense or in which the defendant has an interest to secure property for the purpose of a Confiscation Order. The motion shall be supported by evidence indicating the grounds for belief that the property is proceeds or an instrumentality. Notwithstanding the provisions of Section 7.64, Subsection 2, a temporary restraining order or writ of injunction issued upon granting of a motion for preliminary injunction shall terminate upon making of a Confiscation Order by a court. The Republic of Liberia shall not be required to post a bond or be liable for damages or costs directly or indirectly from the granting of such a temporary restraining order applied in good faith. Pursuant to Subchapter E, Receivership of this chapter, a receiver may be appointed to preserve such property and its value. A temporary restraining order or subsequent issuance of a writ of injunction upon granting of a motion for preliminary injunction may be subjected to the following exceptions by a court:

that provisions be made for reasonable living expenses and reasonable legalexpenses of defendant, excluding tainted gifts;
that provisions be made for the purpose of enabling any person to carry on anytrade, business, profession or occupation;
where a person who holds realizable property is adjudged bankrupt, theproperty subject to a temporary restraining order or writ of injunction made before the order adjudging the person bankrupt and any proceeds of property realized in the hands of a receiver appointed by the court shall be excluded from the bankrupt’s estate for the purpose of bankruptcy proceedings; and
where realizable property is held by a corporation and an order for the windingup of the corporation has been made or a resolution has been passed by the corporation for the voluntary winding up of the corporation, the functions of the liquidator shall not be exercisable in relation to property subject to a temporary restraining order or writ of injunction previously made and any proceeds of property realized in the hands of a receiver appointed by a court.

SECTION 3: Chapter 7 Provisional Remedies of the Civil Procedure Law is hereby amended to add Sub-Chapter G Specific Orders, Section 7. 120 Confiscation Order, Section 7.121 Benefit Recovery Order, and Section 7.122Freezing Order to read as follows:

CHAPTER 7. PROVISIONAL REMEDIES SUBCHAPTER G. SPECIFIC ORDERS

7.120. Confiscation Order

7.121. Benefit Recovery Order

7.122. Freezing Order

7.120. Confiscation Order

Section l. Definition. A Confiscation Order is an order in rem, following conviction for an offense, to forfeit title to the Republic Liberia, or to a foreign State where mutual legal assistance is agreed upon, of property that is proceeds or instrumentalities of a criminal offense including money laundering and terrorist financing. Where the court makes a Confiscation Order against any property, title to the property vests in the Republic of Liberia, and documentation evidencing such title shall be probated and registered pursuant to procedures for probation and registration of property in the Republic of Liberia.

Section 2. Application. Where a person is convicted of an offense including money laundering and terrorist financing, prosecution prior to sentencing may apply for a Confiscation Order against property that is proceeds or instrumentalities of an offense within thirty (30) days from the date of the conviction. Such application may be made in respect of property into which original proceeds have been converted either by sale or otherwise. Property subject to a Confiscation Order shall include:

the assets laundered or terrorist property;
the proceeds, income and gains from such assets;
the assets intended to be laundered;
instrumentalities used or intended to be used in the commission of an offense of money laundering or terrorist financing; and
assets as relate to the commission of any offense.

Section 3. Granting of Order. The court in determining an application for a Confiscation Order shall have regard to any evidence on the records of the proceedings against the person convicted filed with the court as follows:

where the court is satisfied that the property is proceeds of crime in respect of anoffense, the court shall order that it be confiscated. In considering whether to issue a Confiscation Order, the court may have regard to:
- the rights and interests of third parties in the property;
- the gravity of the offense concerned;
- the use that is ordinarily made of the property, or the use to which the property was intended to be put; and
- there the property is money, the court shall decide the amount that it considers to be the value of the property at the time of the order.
where the specified property, part thereof, or interest therein cannot be made subjectto a Confiscation Order because it cannot be located, has been transferred to a third party in circumstances which do not give rise to a reasonable inference that the title or interest was transferred for the purpose of avoiding confiscation, or is located outside of Liberia, or has been substantially diminished in value or rendered worthless, or has been commingled with other property that cannot be divided without difficulty, the court may instead of ordering the property or part thereof or interest therein to be confiscated, order the person to pay to the Republic of Liberia an amount equal to twice the value of the property, part or interest; and
where the property subject to confiscation has been commingled with propertyacquired legitimately or acquired using funds from legitimate sources, the court shall declare in the Confiscation Order the nature, extent and value of the property to be confiscated only in regard to property from the criminal conduct or money laundering or financing of terrorism.

Section 4. Exclusion from Confiscation Order. A person who is not a convicted defendant for the offense with respect to an application for a Confiscation Order, may apply to the court to exclude his interest from the order within thirty (30) days from the date the Confiscation Order is made by the court except where the person was served with notice of the application for a Confiscation Order. The court shall grant such application if satisfied that:

the property is not proceeds or instrumentalities of the offense;
the applicant did not know that the defendant would use, or intend to use theproperty in or in connection with the commission of an offense; and
the interest was acquired in circumstances which would not arouse areasonable suspicion that the property was proceeds or an instrumentality of

Section 5. Realization of property. With regard to a Confiscation Order, the court may appoint a receiver or trustee to take possession and control of realizable property pursuant to Subchapter E, Receivership of this chapter, to preserve the property and its value. The court may empower any such receiver to realize any realizable property in such manner as the court may direct. The court may also order any person holding an interest in realizable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, the recipient of a related gift to realize the value of the gift, and the court may, on the payment being made, transfer, grant or extinguish any interest in the property. The court shall allow any third party holding interest in the property to make representation to the court and be heard regarding that interest.

Section 6. Amount to be realized. The amount which may be realized at the time of the making of a Confiscation Order against a defendant shall be the amount equal to the sum of the values at that time of all realizable property held by the defendant and affected gifts made by the defendant less the sum of all obligations, if any, of the defendant which the court may recognize.

Section 7. Voidable Transfers. The court may, before making a Confiscation Order, set aside any conveyance or transfer of property that occurred during or after the commission of a criminal conduct or offense, unless the conveyance or transfer was made for sufficient consideration to a person acting in good faith and without notice.

Section 8. Confiscation where a person dies or absconds. A court may order property confiscated subject to the provisions of this section where the court is satisfied that a person who has died or absconded was charged or arrested for a criminal offense including money laundering and terrorist financing, or that the property is tainted in respect of the offense.

7.121. Benefit Recovery Order

Section I. Application. Where a person is convicted of an offense, prosecution may apply to the court for a Benefit Recovery Order against the person to pay an amount equal to the benefit derived from an offense or offenses of which the defendant has been convicted. If the court determines that a defendant has benefited from an offense or offenses it shall order payment to the Republic of Liberia of an amount equal to the value of the defendant’s benefit from the offense or offenses. For the purpose of determining whether a defendant has derived a benefit it should be established that at a fixed date the defendant had no legitimate sources of income sufficient to justify the interests in any property that the defendant holds. The court shall assess the value of the benefit a person has derived from the commission of an offense or offenses.

Section 2. Determining the value of the benefit. The value of the benefit derived by a defendant from an offense may include, except property confiscated under this Subchapter:

any money received by a defendant, or by another person at the request or by the direction of the defendant, as a result of the commission of the offense;
the value of any property that was derived or realized, directly or indirectly, by the defendant or by another person at the request or by the direction of the defendant, as a result of the commission of the offense; and
the value of any service or financial advantage provided for the defendant or another person, at the request or by the direction of the defendant, as a result of the commission of the offense; or
unless the court is satisfied that the increase was due to causes unrelated to the commission of the offense, any increase in the total value of property in which the defendant has an interest in the period beginning immediately before the commission of the offense and ending at some time after the commission of the offense.

Section 3. Statement relating to benefit. Where prosecution has applied to the court for a Benefit Recovery Order, it may provide to the court, and if so shall serve upon the defendant, a statement setting out an assessment of the value of the benefit obtained by the defendant. The court may, for the purposes of determining whether there was a benefit and the value of the benefit, treat any acceptance by the defendant of the allegations set forth in a statement as conclusive of which it relates.

Section 4. Discharge of Benefit Recovery Order. A Benefit Recovery Order shall be discharged:

on the satisfaction of the order by payment of the amount due under the order;
if the conviction of the offense or offenses is in reliance on which the order or wasmade or is taken to be quashed and no conviction for the offense or offenses is substituted; or
if the order is quashed by the court in accordance with existing laws and procedural

Section 5. Realization of property. The court may appoint a receiver or trustee to take possession and control of, and then to realize where a Benefit Recovery Order has been made pursuant to Subchapter E, Receivership of this chapter:

property in which the defendant has an interest; or
restrained property; or
specified items of property in which the defendant has an interest.

7.122. Freezing Order

Section 1. Application. In making an application for a Freezing Order:

where specified property is believed to be proceeds or instrumentalities of a crime or terrorist property, application shall be made by the Ministry of Justice or a competent authority under the law to the Court for a property Freezing Order with respect to such property to preserve the specified property where it is indicating the grounds for belief that the property is proceeds or instrumentalities of crime or terrorist property;

the filing of such an application shall ipso facto give the Ministry of Justice or other competent authority under the law the right to require a financial institution to impose restrictions on withdrawal of funds from an account for seven (7) days pending issuance of a Freezing Order by the court which decision shall be made and delivered by the court within seven (7) days of the filing of the application.

Section 2. Notice. Within thirty (30) days of granting of a property Freezing Order or such period as the court may direct, notice of the order shall be served on all persons known by the competent authority to have interest in the property affected by the order, and such other persons as the court may direct.

Section 3. Granting of Order. The court may in its order mandate any of the following:

that the property or part thereof specified in the order be seized, and taken intopossession;

that the property be placed under a receiver appointed pursuant to Subchapter E, Receivership of this Chapter; or

that the property or part thereof specified in the order be dealt with in any other particular manner pursuant to law.

Section 4. Exclusion from Freezing Order. The court may exclude a property from Freezing Order such amount as it considers appropriate for the payment of reasonable living expenses to any person whose property is subject of a property Freezing Order. The court in making such exclusion shall be satisfied that the person cannot meet such expenses out of the property that is not subject to the Freezing Order and the court determines it is in the interest of justice to make such exclusion.

SECTION 4: This Act shall take effect immediately upon publication in Handbills by the Ministry of Foreign Affairs.

ANY LAW TO THE CONTRARY NOTWITHSTANDING

2.5.5 DISTRIBUTION OF UN LIST OF TERRORISTS AND TERRORIST GROUPS ACT (2012)

It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled:

SECTIONI: The short title of this Act shall be “Distribution of UN List of Terrorists and Terrorist Groups Act”

SECTION 2: Chapter 10 General Provisions, Part Il Executive Branch Generally, of the Executive Law, Title 12 of the Liberian Code of Law Revised is hereby amended to add Section 10.12 Distribution of the United Nations List of Terrorist and Terrorist Groups and Section 10.13 Central Agency for Money Laundering and Terrorist Financing to read as follows:

CHAPTER 10 GENERAL PROVISIONS

PART 11 EXECUTIVE BRANCH GENERALLY

10.12. Distribution of the United Nations List of Terrorist and Terrorist Groups

The Liberian Ambassador to the United Nations upon receipt of the list of terrorist and terrorist groups released by United Nations Security Council from time to time pursuant to the United Nations Security Council Resolutions shall distribute said list within 24 hours to the Ministry of Foreign Affairs, the Ministry of Justice, the Central Bank and the Financial Intelligence Unit. Procedural guidelines relating to further distribution of said list to other Agencies, entities, businesses and professionals and time frames within which specified action must be taken shall be formulated and issued by the Financial Intelligence Unit. The Ministry of Justice shall confirm to the Central Bank and the Financial Intelligence Unit that the identified client of a financial institution is the same person or entity identified in the United Nations designated List of Terrorist and Terrorist Groups, prior to the freezing of any accounts owned, controlled or associated with such person identified as a terrorist or terrorist group.

10.13. Central Agency for Money Laundering and Terrorist Financing

The Ministry of Justice shall designate a Central Agency for Money Laundering and Terrorist Financing to investigate matters of money laundering and terrorist financing.

SECTION 3: This Act shall take effect immediately upon publication in Handbills by the Ministry of Foreign Affairs.

ANY LAW TO THE CONTRARY NOTWITHSTANDING

REFERENCES

http://www.liberlii.org/cgibin/disp.pl/lr/legis/acts/lrca242/lrca242.html?stem=0&synonyms=0&query=law%20reform%20law

https://www.mfdp.gov.lr/index.php/docs/the-national-budget/draft-national-budgetfy2019-2020

https://www.fiuliberia.gov.lr/wp-content/uploads/2020/07/FIU-ACT-2012.pdfhttp://www.necliberia.org/doc_download/New%20Elections%20law%20Amendments.pdf https://www.emansion.gov.lr/doc/Act_Legislature_Prescribing_A_National_Code%20of_Conduct%20(Final_Version%202014).pdf

https://lacc.gov.lr/wp-content/uploads/2017/12/lacc_act.pdf

https://www.fiuliberia.gov.lr/wp-content/uploads/2020/07/Fraud-Act-of-2012.pdf

http://extwprlegs1.fao.org/docs/pdf/lbr67266.pdf

https://www.cabrisbo.org/uploads/files/Documents/liberia_2009_legislation_public_finance_legislation_ministry_of_finance_ecowas_english_2.pdf

http://www.vertic.org/media/National%20Legislation/Liberia/LR_AntiMoney%20Laundering%20and

%20Terrorist%20Financing%20Act%202012.pdf

https://gac.gac.gov.lr/wp-content/uploads/2020/06/GAC-Act-of-2014.pdfhttp://leiti.org.lr/uploads/2/1/5/6/21569928/act.pdf http://extwprlegs1.fao.org/docs/pdf/lbr146964.pdf

https://www.fiuliberia.gov.lr/wp-content/uploads/2020/07/FIU-2Act-to-amend-the-Penal-Lawextortion-environmental-crime-and-illicit-trafficking.pdf https://lacc.gov.lr/wp-content/uploads/2017/12/lacc_act.pdfhttp://www.waeon.org/assets/downloadables/Liberias-Election-Laws.pdfhttps://oceansbeyondpiracy.org/sites/default/files/Liberia_Penal_Law.pdf

http://www.liberianembassyus.org/uploads/documents/Liberia%20Freedom%20of%20Information%20Act%202010x.pdf

NB: The links provided above were retrieved on or before April 15, 2021.

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