Sierra Leone Local Content Agency Act, 2016 (No. 3 of 2016)

2 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 3 PART 1–PRELIMINARY "Sierra Leonean companies" means companies that Interpretation. 1. In this Act, unless the context otherwise requires - are registered in Sierra Leone in accordance with the Companies Act 2009 and fifty percent of the share "Agency" means the Sierra Leone Local Content capital are owned by Citizens; Agency established under section 3; "Sierra Leone Local Content" means the proportion 'Board" means the Board of Directors established by between the value of the goods produced and section 4; services rendered in Sierra Leone by Sierra Leoneans and the total value of the goods and services "Chairman" means the Chairman of the Board; acquired for exploration, development and production in the sectors covered by the Act under "citizen " means a citizen of Sierra Leone as defined concession, contracts, licences and other forms of under the Citizenship Act 1973; agreements; "Director-General" means the Director-General of the "Sierra Leone Local Content on-line internal portal" Agency appointed under section 16; means a virtual platform for buyers and sellers of goods and services in the sectors covered by this "Expatriate" means an employee working in Sierra Act; Leone other than his country of origin; "Sierra Leone Local Content indicator" means a "labour clause" means a clause mandating the use of a percentage rating of a company based on specific minimum percentage of Sierra Leonean Labour in professional cadres in all contracts awarded in the criteria defined on the basis of values ascribed to sectors covered by this Act in Sierra Leone, above a each criterion; threshold value as stipulated by the Minister; "member" means a member of the Board ; "Sierra Leone Local Content Verification Personnel" means a person registered by the Sierra Leonean "Minister" means the Minister responsible for trade Content Agency, and industry and "Ministry" shall be construed accordingly ; 2. Notwithstanding anything to the contrary contained in any Application. other enactment, this Act shall apply to all matters pertaining to "operator" means any state enterprise, Sierra Leonean, Sierra Leone Local Content with respect to operations or transactions foreign or international company operating in the sectors covered by this Act under any contract, carried out in or connected with the Sierra Leonean industries in the agreement or alliance ; mining, petroleum, service industries agriculture and agri-business, transportation, maritime, aviation, hotel and tourism, public works "plan" means a Sierra Leonean content plan referred and construction, fisheries and marine resources, manufacturing, to in section 40 submitted in compliance with any health and energy sectors. aspect of this Act;

4 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 5 PART II–ESTABLISHMENT OF SIERRA LEONE LOCAL (iii) Youth Commission CONTENT AGENCY (iv) the Sierra Leonean Content Con- Establishment 3. (1) There is hereby established a body to be known as sultative Forum referred to in section of Sierra 66; the Sierra Leone Local Content Agency. Leone Local Content Agency. (2) The Agency shall be a body corporate having (v) the Sierra Leone Investment and Export perpetual succession and capable of acquiring, holding and disposing Promotion Agency ; of any property, whether movable or immovable, and of suing and being sued in its corporate name and, subject to this Act, of performing (vi) the National Tourist Board all such acts as bodies corporate may by law perform. (vii) the Sierra Leone Chamber of Commerce, Industry and Agriculture; (3) The Agency shall have a common seal, the use of which shall be authenticated by the signatures of - (viii) the Sierra Leone Bar Association; (a) the Chairman or other member of the Board (ix) the Sierra Leone Institute of Engineers; authorised either generally or specially by the Board in that behalf; and (x) the Sierra Leone indigenous banks and financial services; (b) the Director-General or some other person authorised by the Board in that behalf. (xi) Women’s Forum Board of 4. (1) The governing body of the Agency shall be a Board (xii) the Director–General who shall be the Agency. which shall be responsible for the control and supervision of the Secretary. Agency. (xiii) Labour Congress (2) The Board shall consist of a Chairman appointed under subsection (3); and the following other members- (3) The President shall, on the advice of the Minister and subject to the approval of Parliament appoint the Chairman and other members of the Board under Clause 2 (c) from among persons (a) the Permanent Secretary of the Ministry ; with proven knowledge and experience in the local content sector. (b) the Financial Secretary or his representative; (4) members appointed under paragraph (c) of subsection 2 shall be subject to parliamentary approval. (c) a representative of - 5. (1) The Chairman and other members of the Board Tenure of (i) the National Minerals Agency; members. appointed under paragraph (c) of subsection (2) of section 4 shall hold office for a term of three years and shall be eligible for re- (ii) the Petroleum Directorate; appointment for a further term of three years only.

6 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 7 (2) A person shall cease to be a member of the Board on (5) The quorum at any meeting of the Board shall be any of the following grounds- seven. (a) for his inability to perform the functions of (6) The Chairman or other person presiding shall have a his office by reason of infirmity of mind or casting vote where there is an equality of votes. body; (7) Any proposal circulated among all members and (b) for proven misconduct; agreed to in writing by a two-thirds majority of all members shall be of the same force or effect as a decision made at a duly constituted (c) if he becomes bankrupt or insolvent; meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board: (d) if he is convicted and sentenced for an offence involving fraud or dishonesty; Provided that, if a member requires that such proposal be placed before a meeting of the Board, this subsection shall not apply to (e) if he fails to attend three consecutive such proposal. meetings of the Board without reasonable cause; or (8) The Board may co-opt any person to attend and participate in its deliberations on any matter but such person shall (f) if he resigns his office by written notice to not vote on any issue for the decision by the Board. the Minister. (9) The Board shall cause minutes of all its meetings to be taken and signed by the Chairman and kept in proper form. Meetings of 6. (1) The Board shall meet for the dispatch of its business Board. at least once every two months at the offices of the Agency and at (10) Subject to this Act, the Board shall regulate its own such time as the Chairman may determine. procedure. (2) The Chairman shall preside at every meeting of the 7. (1) A member of the Board who has any interest, whether Disclosure of Board, and in his absence, the members present shall appoint a direct or indirect in any matter being considered or to be considered conflict of interest. member from among themselves to preside at that meeting. by the Board, shall disclose the nature of his interest to the Board and the disclosure shall be recorded in the minutes of the Board and (3) A minimum of three members of the Board may, by such member shall not take part in any deliberation or decision of the notice in writing signed by them, request the Chairman to summon a Board relating to that matter. special meeting of the Board for such purposes as may be stated in the notice. (2) A member of the Board who contravenes subsection (1) shall be guilty of misconduct and shall be removed from the (4) The Chairman or, in his absence, the member appointed Board. to act in his behalf shall summon a special meeting within five days of his receipt of the notice referred to in subsection (3).

8 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 9 Immunity of 8. (1) No action or other proceedings shall lie or be (i) two representatives of the Sierra Leone Board, etc. instituted against any member of the Board or member of a committee Chamber of Commerce and Industry; of the Board for or in respect of any act or thing done or omitted to be done in good faith in the exercise of his functions under this Act. (j) two representatives from Civil Society; organisations having functions related to the (2) No member of the Board shall be personally liable for Agency any debt or obligation of the Agency. (k) a representative from a Government Ministry, Committees 9. (1) The Board may, for the discharge of its functions of Board. Government Agency or professional body appoint one or more committees consisting of members of the Agency directly responsible for a particular sector, or or non-members or both to perform such functions and to report to having a major stake in the subject matter the Agency as the Board may determine. under review by the Committee. (2) For the purposes of provding technical support on (l) a representative of the Ministry of Youth Sierra Leone content development issues, fostering coordination Affairs among ministeries, departments and Agencies in Local Content issues 10. (1) Subject to this Act, the Board shall have the control Functions of and supporting the Sierra Leone Local Content and without prejudice and supervision of the Agency, including overseeing the sound and Board. to the generality of subsection (1), the Agency shall establish a Sierra proper financial management of the Agency. Leone Local Content Committee comprising the following members; (a) a representative of the Ministry who shall (2) The Board shall provide policy guidance and advice that will secure the efficient implementation of the functions of the be the Chairman of the Committee; Agency and enhance the overall performance of the Agency. (b) a representative of the Office of the Attorney General and Minister of Justice; 11. (1) The Chairman and other members of the Board shall Remuneration be paid such remuneration, fees and allowances approved by the of members. Minister and shall be reimbursed by the Agency for expenses incurred (c) a representative of the Ministry responsible in connection with the discharge of their functions as the Board may, for Finance; with the approval of the Minister, determine. (d) a representative of the Ministry responsible (2) Co-opted members of the Board under Section 9 shall Remuneration for Labour; be paid such remuneration; fees and allowances approved by the of co-opted Minister and shall be reimbursed by the Agency for expenses incurred members. (e) a representative of the Strategic and Policy in connection with the discharge of their function’’. Unit in the Office of the President; 12. (1) Where the Chairman or a member of the Board dies, Filling of (f) a representative of the National Public resigns, is removed from office or is absent for a continuous period vacancies. exceeding three months or is by reason of illness unable to perform Procurement Agency; the functions of his office for a continuous period of three months- (g) a representative of the Sierra Leone (a) the members of the Board shall, as the case Investment and Export Promotion Agency; may be, elect one of their number to act as Chairman until such time as the Chairman (h) a representative of the Ministry of Social resumes his office or another is appointed in Welfare, Gender and Children’s Affairs. his stead; and

10 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 11 (b) in the case of a member, the Chairman shall (d) issue Sierra Leone local content certificates have another person appointed to the Board for designated materials, goods and services subject to the Act. produced wholly or partially in Sierra Leone; (2) Where a person is appointed as Chairman or (e) manage and award the Sierra Leone local appointed as a member to fill a vacancy, he shall hold office for the content Scorecard system for the purpose of remainder of the term of the previous Chairman or member, as the ranking companies and entities that comply case may be, and shall, subject to this Act, be eligible for re- with Sierra Leone local content development; appointment. (f) administer and operate the Sierra Leone local Independence 13. In the performance of its functions under this Act, the Board content on-line internal portal and Joint of the Board. shall not be subject to the control of any person or authority. Qualifications Systems set up in accordance with this Act; PART III–FUNCTIONS OF THE AGENCY (g) assist local contractors and Sierra Leonean companies to develop their capabilities to Functions 14. (1) The object for which the Agency is established is to attain the goal of developing Sierra Leone of Agency. promote Sierra Leone local content development by effectively and local content in the sectors covered by this efficiently managing the administration and regulation of Sierra Leone Act; local content development in Sierra Leone. (h) strengthen and foster collaboration between (2) Without prejudice to the generality of subsection (1), the public and private sector in order to it shall be the function of the Agency to - promote and safeguard the objectives of Sierra Leone local content development; (a) supervise, coordinate, administer, monitor and manage the development of Sierra Leone (i) maintain a registry of Sierra Leone local local content in the sectors covered by this content transactions above a threshold Act; determined by the Minister ; (b) appraise, evaluate and approve the Sierra (j) receive and investigate complaints relating Leonelocal content plans and reports to Sierra Leone local content development submitted to the Agency in compliance with in accordance with this Act; this Act; (c) award certificate of authorisation, review the (k) promote good governance and accountability Sierra Leone local content content plans and by creating an effective and efficient reports submitted to the Agency in environment for the promotion and compliance with this Act and make implementation of Sierra Leonean content recommendations to the Minister; development;

12 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 13 (l) monitor and coordinate the Sierra Leonean 15. The Agency shall consult and co-operate with ministries , Consultation content performance of operators in departments and agencies having functions related to the Agency. with ministries etc accordance with this Act; (m) conduct studies , research and investigations PART IV - ADMINISTRATIVE PROVISIONS to further attain the goal of developing Sierra Leone content in the sectors covered by this 16. (1) The Agency shall have a Director-General who shall Appointment of Director - Act; be appointed by the Board. General. ( n) delegate any of its functions to any agent or (2) No person shall be appointed Director-General operative appointed by the Agency; unless he has proven technical expertise and experience in local content matters. (o) contribute to an annual Sierra Leonean Content Plan to guide operating companies (3) The Director-General may be removed from office in in the sectors covered by this Act; accordance with his terms and conditions of service for - (p) encourage, monitor and enforce the standards (a) inability to perform the functions of the office of operation and code of practice for Sierra arising out of physical or mental incapacity; Leonean content; (b) gross misconduct or misbehaviour; (q) monitor conditions of operators and their trade practices to ensure that competition and (c) incompetence or neglect of duty; or fair practice is maintained; (d) any other ground that would justify removal (r) provide information relevant to the National from office under the terms and conditions Revenue Authority for the collection of taxes of service. for training, research and development and transfer of technology funds from operating 17. The Director-General shall be responsible to the Board for Functions of Director- companies; the performance of the following functions- General. (s) prepare an annual report on the status of Sierra (a) overseeing the activities of the Departments Leonean content for submission to the and the day-to-day administration and Minister, and management of the Agency; (t) perform any other function incidental or (b) formulating and implementing operational consequential to its functions under this Act. policies, programmes and plans relating to the functions of the Agency as may be approved by the Board.

14 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 15 (c) supervising employees of the Agency; (d) Department of Operations which shall be responsible for monitoring and evaluating (d) preparing and submitting operational reports Sierra Leone local content development; and and plans; (e) Department of Communications and Outreach (e) preparing annual budget and financial which shall be responsible for the Agency's reports; communications and outreach strategy and its implementation. (f) preparing the agenda, recording and maintaining of minutes of the meetings of the 19. Each department referred to in section 18 shall have Divisions. Board; and divisions which shall be created by the Board on the recommendation of the Director-General. (g) performing other duties as the Board may determine. 20. (1) Each department referred to in section 18 shall be Directors of Departments 18. (1) The Agency shall establish departments as it thinks headed by a Director who shall be appointed by the Board. Departments. of the Agency. necessary for the performance of its functions. (2) The Directors shall have responsibilities and (2) Without prejudice to subsection (1), the Agency shall functions as may be assigned by the Director-General. establish the following departments - (3) Without prejudice to subsection (2), the Directors (a) Department for Procurement and Supplier shall have the following responsibilities- Development which shall be responsible for public and private sector procurement and (a) the Director responsible for the Department for the supplier value chain pertaining to of Procurement and Supplier Development Sierra Leone local content development; shall be responsible for managing the Joint Qualification System and the Sierra Leone (b) Department for Employment, Training and Local Content on-line virtual platform and Technology Transfer which shall be shall oversee compliance by the public and responsible for the development of local private sector on procurement and supplier employment, integration of the local development in accordance with the Act; workforce, training of local personnel, technology transfer, research and (b) the Director responsible for the Department development; of Employment, Training, Technology Transfer shall be responsible for overseeing (c) Department of Finance and Administration the development of local staff and their which shall be responsible for the Agency's integration in the workforce, the training of budget, human resources and reporting; local workforce, technology transfer and

16 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 17 research and development and shall oversee PART V– FINANCIAL PROVISIONS the Sierra Leone Local Content Development 25. (1) The activities of the Agency shall be financed by Funds of Fund referred to in section 29 to support Authority. funds consisting of– Sierra Leone content suppliers; (a) any monies appropriated by Parliament for (c) the Director responsible for the Department the purposes of the Agency; of Finance and Administration shall be responsible for managing the annual (b) all monies given to the Agency by way of budgeting process, procurement and assets gifts, endowments, bequest, grant or other and human resources development; contributions by persons and organisations for the purposes of the Agency; (d) the Director responsible for the Department (c) all returns on investment, if any; of Communications and Outreach shall be (d) foreign aid and assistance from donor responsible for the Agency's internal and agencies; and external communications and its Outreach strategy including community engagement. (e ) all other monies which may, from time to time, accrue to the Agency. Other staff 21. (1) The Agency shall have other staff as may be required (2) The funds of the Agency shall be applied only for the of Agency. for the efficient performance of the functions of the Agency. purposes of the approved budget of the Agency. Secondment 22. Public officers may at the instance of the Agency, be 26. (1) The Agency shall keep proper books of account and Accounts and of public officers. seconded or otherwise render assistance to the Agency but the other records in relation to the activities, property and finances of audit of Agency. Agency may request the withdrawal of any such seconded staff the Agency in a form approved by the Auditor-General, and shall who is unable to carry out assigned functions in a manner satisfactory prepare in respect of each financial year of the Agency a financial to the Agency. statement which shall include - Professionals 23. The Board may where it considers it expedient hire or (a) balance sheet accounts; and experts. retain services of professionals, consultants and experts as may be necessary for the proper and effective performance of the functions (b) income and expenditure accounts; and of the Agency. (c) source and application of funds; Protection 24. No officer or employee of the Agency or any person acting of officers. on the directions of an officer or employee of the Agency shall be (2) The accounts of the Agency kept under subsection liable in respect of any matter or thing done by him in good faith (1) shall, not later than two months after the end of each financial under this Act. year, be audited by the Auditor-General or an auditor appointed by him.

18 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 19 (3) For the purposes of subsection (2), the Auditor- (4) The Agency shall make copies of the report available General or the auditor appointed by him shall be entitled to have to all stakeholders once it has been laid before Parliament. access to all books of account, vouchers and other financial records of the Agency and to require such information and explanation thereon PART VI–GOODS AND SERVICES as he may think fit. 29. (1) There is hereby established a fund to be known as Sierra (4) The Agency shall provide the Auditor-General or the Sierra Leone Local Content Development Fund for the Leonean Content the auditor appointed by him with all necessary and appropriate implementation of Sierra Leone local content development in the Development facilities for the examination of the accounts and records of the sectors covered under this Act. Fund. Agency. (2) The fund shall be managed by the Agency and utilized (5) The Auditor-General or the auditor appointed by him for projects, programmes and activities directed at increasing Sierra shall submit to the Agency a report on the audited accounts and the Leone local content in the sectors covered under this Act. financial statements referred to in subsection (1) and shall, in his report draw attention to - (3) The Fund shall receive contributions from the Government, operators or contractors, private companies and the (a) any irregularities in the accounts; donor community. (b) any matters that are likely to adversely affect 30. (1) There is hereby established a fund to support Sierra Fund to support the operations of the Agency; and Leone local content suppliers, importers and exporters which shall suppliers be administered by the Bank of Sierra Leone. importers (c) any other matter which, in his opinion, ought And exporters. to be brought to the notice of the Agency. (2) The Bank of Sierra Leone shall identify eligible banks that shall provide the financing to Sierra Leonean local content Financial 27. The financial year of the Agency shall be the same as suppliers, importers and exporters. year of the financial year of the Government. (3) The Fund shall be established with seed capital from Annual 28. (1) The Agency shall, within three months after the end the Government which shall seek additional funding from international report. of the financial year, submit to the Minister a report on the performance finance partners. of its functions during that year and on its policy and programmes. (4) The fund shall be replenished by the Government. (2) The annual report shall include the accounts and annual financial statement prepared under section 26 and the report 31. (1) Upon the commencement of this Act, the minimum Minimum of the audit thereon. Sierra Leone local content in any project to be executed in the sectors Specification of Sierra covered by this Act shall be consistent with the levels set out in this Leonean (3) The Minister shall lay copies of the annual report Act. content. before Parliament within two months after he has received the report.

20 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 21 (2) Operators, alliance partners and contractors shall (c) in the beer industry, the operators and comply with the minimum Sierra Leone local content for a particular contractors shall utilise up to twenty percent project item, service or product specification set out in this Act. of sorghum produced locally; (3) Notwithstanding subsection (1) where there is (d) in the sugar industry, operators and inadequate capacity to meet any targets in this Act, the Minister may contractors shall utilise up to fifteen percent authorise the continued importation of the relevant items. of sugar produced locally in the first five years and up to thirty percent in the Service 32. (1) Subject to subsection (2) first consideration shall be succeeding five years for any product sector. given to service agencies located in Sierra Leone and owned by requiring sugar as an additive; citizens for projects and activities covered by this Act. (e) in the soap making industry, operators and (2) The service agencies referred to in subsection (1) contractors shall utilise up to fifty percent of shall have adequate resources and capacity to add value to the palm oil produced locally in the first five years operations, project or activities referred to in subsection (1) and up to seventy percent in the succeeding five years; Materials, 33. (1) Subject to subsection (2) materials, products or goods Products and Goods. made in Sierra Leone shall be given first consideration where the (f) in the flour industry, operators and quality and timely delivery of such materials, products or goods are contractors shall utilise up to ten percent of comparable to those available internationally. wheat flour produced locally in the first five years and up to thirty percent in the (2) Sierra Leonean companies providing materials, succeeding five years; products or goods shall have adequate resources and capacity to add value to the operations, project or activities referred to in the (g) in the hotel, hospitality and tourist industry, sectors covered by this Act. operators and contractors shall utilise up to twenty five percent of locally produced tie (3) The following shall apply in the industries- dye fabric or batik, fabric from locally grown and woven cotton, carvings made locally and (a) in the manufacturing industry, operators and produced from local wood, furniture locally contractors shall use at least ten percent of produced from local wood and paintings domestically produced inputs; produced locally or by Sierra Leonean nationals shall be utilised at all facilities in (b) in the bakery and confectionery industry up the first five years and up to fifty percent in to ten percent of cassava flour produced the succeeding five years. locally from locally grown cassava shall be required to be included as input; (4) Subsection (1) and (2) shall apply to section 3.

22 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 23 Mining 34. (1) Subject to subsection (2) first consideration shall be (2) Operators and contractors in the private and public given to Sierra Leonean Companies in the mining sectors for the sector shall promote greater use of improved production techniques award of mining rights, permits or licences in all projects for which a and increased use of inputs such as improved seeds and fertilisers to contract is to be awarded subject to the fulfilment of conditions as boost productivity of small holder farmers. may be specified by the Minister responsible for mines and mineral resources. (3) Security of tenure shall be granted to small holder (2) Sierra Leonean companies referred to in subsection farmers in order to promote an increased investment and improvements (1) shall demonstrate ownership of equipment and capacity to execute in the land. the contract. Public Works (4) Greater access to credit, market information and access 35. (1) Subject to subsection (2) first consideration shall be and given to Sierra Leonean companies involved in stone quarries and to water shall be made available to small holder farmers to boost Construction. metal works. productivity. (2) Sierra Leonean companies referred to in subsection 38. (1) Subject to subsection (2) first consideration shall be Procurement. (1) shall demonstrate ownership of equipment and capacity to execute given to Sierra Leonean companies bidding for procuring materials, the contract. products and goods for ministries, departments and agencies. Petroleum. 36. (1) Subject to subsection (2) Sierra Leonean Companies shall be given first consideration in the award of oil blocks, oil field (2) The Sierra Leonean companies referred to in licences, oil lifting licences and in all projects for which a contract is subsection (1) shall comply with the requirements stipulated in the awarded in the Sierra Leonean petroleum sector subject to the National Public Procurement Act 2004. fulfilment of conditions as may be specified by the Petroleum Directorate. (3) Donor agencies, international and local non- governmental organisations and other entities shall give first (2) Sierra Leonean companies referred to in subsection consideration to Sierra Leonean companies for the procurement of (1) shall demonstrate ownership of equipment and capacity to execute the contract. materials, products and goods. Agriculture. 37. (1) Operators and contractors in the agriculture sector 39. For the supply of food products to public institutions, first Institutional feed supply. shall establish and support out-grower schemes for small holder consideration shall be given to locally produced food . farmers in order to create jobs, improve quality of agricultural products, build capacity, transfer knowledge and technology and build the revenue of small to medium scale farmers in the rural areas in particular.

24 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 25 PART VII -SIERRA LEONEAN CONTENT PLAN AND OTHER 41. (1) The Plan referred to in section 40 shall set out in Plan to detail how an operator or contractor will give first consideration to conta in RELATED PROVISIONS details. Sierra Leonean companies, materials, goods and products made in Sierra Leone, including specific examples showing how first Sierra 40. (1) In a call to tender or in direct negotiations for any consideration is considered and assessed in evaluation of bids for Leonean Content right, licence, concession, permit or interest and before carrying out materials, goods and products required by the project, operations or Pla n. operations or commencing a project in the sectors covered by this activity. Act, an operator shall submit a Plan to be known as the Sierra Leonean (2) The Plan shall stipulate the extent of local content Content Plan to the Agency and thereafter annually demonstrating that will be utilised in the production process and the percentage compliance with the Sierra Leonean content requirements of this increase in such usage over time, when applications are submitted Act. for tax and other incentives. (2) The Agency shall review and assess the Plan referred (3) The plan shall specify the extent to which joint ventures, alliances and other forms of collaboration between foreign to in subsection (1) and if satisfied that the Plan complies with this and Sierra Leonean manufacturing enterprises will be used to increase Act, issue a certificate of authorisation to the operator for that the manufacturing capacity and know-how of Sierra Leonean project. enterprises. (3) For the purposes of reviewing or assessing the Plan 42. (1) Operators and contractors shall consider Sierra Leone Tender referred to in subsection (1), the Agency may conduct a public review local content when evaluating any tender where the tenders are within Evaluation. in relation to the exercise of any of its functions under this Act five percent of each other at the commercial stage and the tender provided that the review is completed and a certificate is issued or containing the highest level of Sierra Leone local content shall be denied within 30 days from the commencement of the review or selected provided the Sierra Leonean content in the selected tender is at least five percent higher than its closest competitor. assessment. (2) Operators and contractors shall maintain a tender (4) The plan referred to in subsection (1) shall contain process for acquiring materials, goods, products and services which provisions intended to ensure that- shall give full and fair opportunity to citizens who are indigenous contractors and Sierra Leonean companies by ensuring that all tenders (a) first consideration is given to services are advertised locally and internationally. provided within Sierra Leone and goods manufactured in Sierra Leone; and (3) The award of a contract shall not solely be based on the principle of the lowest tender where a Sierra Leonean company has the capacity to execute the job and the company shall not be (b) citizens are given first consideration for disqualified exclusively on the basis that it is not the lowest financial training and employment in the work tender, provided the value does not exceed the lowest tender by ten programme for which the plan is submitted. percent.

26 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 27 Contracts to 43. (1) For all proposed projects, operations, activities, 45. Subject to section 43 the Agency shall advise the operator Contra ct be submitted. contracts, subcontracts and purchase orders estimated by the by the first day of each quarter, which contracts and subcontracts for review. operator to be in excess of two hundred and fifty thousand United have been designated by the Agency for review and shall advise the States Dollars ($250,000.00) equivalent in Leones the operator shall operator of the outcome of such contract review. provide to the Agency for approval advertisements, pre-qualification criteria, technical tender documents, technical evaluation criteria 46. Prior to issuing advertisements or pre-qualification Documents and the proposed list of persons who have placed tenders. notifications to prospective bidders, the operator shall submit to the for pre- qualification Agency, the following documents for review and approval– stage. (2) The operator or contractor shall submit sufficient information with the notifications to enable the Agency to assess the (a) a description of the scope of work; subject matter and to be satisfied that the requirements of Sierra Leone local content have been complied with by the operator or (b) a copy of the pre-qualification notification, if contractor. these documents differ from the standard pre- qualification notification previously reviewed Submission of 44. (1) The operator shall submit to the Agency a list of all by the Agency; job forecasts. contracts, subcontracts and purchase orders exceeding 30 days prior to the first day of each quarter a list of all contracts, subcontracts (c) a list of companies, indicating locations of and purchase orders not exceeding two hundred and fifty thousand head offices, to whom questionnaires shall United States Dollars ($250,000,00) equivalent in Leones for it to be be issued; and put out in tender or executed in the upcoming quarter. (d) anticipated dates for closure of pre- (2) For each contract, subcontract and purchase order, qualification and commencement of tender the list shall provide– evaluation and issuance of a call to tender. (a) a description of the service or item to be 47. When compiling a tender list for any project, the operator Docu ment or alliance partner shall submit to the Agency, prior to issuing the call for tenders contracted or purchased (material and list stage. equipment specifications shall be provided to tender the following documents– upon request); (a) a list of bidders; (b) estimated value of contract, subcontract or purchase order; (b) a copy of the call to tender (the Agency shall advise the operator of its requirements in this (c) the call to tender issuance date, closure date regard on a case by case basis); and award date; and (c) description of corporate ownership (main shareholders by percentage) of bidders; (d) any other information requested by the Agency for the purposes of implementing the (d) location of any Sierra Leonean based office, provisions of this Act. plant or facility;

28 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 29 (e) anticipated dates for closure of bids and (iii) estimates of Sierra Leonean content award of contract or purchase order; and associated with the tender of each bidder calculated in accordance with the (f) any other information requested by the definition of Sierra Leonean content to Agency. be provided by the Agency. Documents 48. Prior to the award of a contract, subcontract or purchase (iv) other information relevant to the for award stage. order to the successful bidder, the operator shall submit to the Agency evaluation of bidders including where the following documents- applicable, a summary of the technical, commercial and Sierra Leonean content (a) the name of the selected contractor or vendor; aspects of the tender evaluations. (b) a list of the designated sub-contractors or 49. After assessing the documentation received in compliance Designation sub-vendors; with section 48 the Agency shall advise the operator within 10 days and review of contracts. which contracts, sub-contracts and purchase orders have been (c) where applicable, a list of proposed sub- designated by the Agency for review, and the designated contracts, suppliers; subcontracts and purchase orders shall be reviewed to the satisfaction of the Agency. (d) for construction or service contracts, the estimated Sierra Leonean employment levels 50. (1) The operator shall submit to the Agency within 30 Quarterly (in person-hours); Procurement days at the end of each quarter, a listing of all contracts, sub-contracts Report. and purchase orders exceeding two hundred and fifty thousand (e) contract or purchase order commencement United States Dollars ($250,000.00) equivalent in Leones or such and completion dates; other limit as the Agency may determine, awarded in the previous (f) an award notification form signed by an quarter. appropriate official of the operator or alliance partner; and (2) The listing of all contracts, sub-contracts and purchase orders referred to in subsection (1) shall provide– (g) state of award rationale (evaluation of tenders) showing - (a) a list of all items and services; (i) the percentage difference in price (b) value of contract or purchase order; between the selected bidder and each tender; (c) name of the successful contractor or vendor; (ii) a primary location of work associated (d) a primary location of work; with each bidder; (e) estimates of Sierra Leonean content;

30 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 31 (f) commencement and completion dates; and (2) An operator or contractor with operations in any of the sectors covered by this Act shall not import unskilled labour for (g) any other information required by the Agency carrying out any of its operations undertaken under any right, licence, for the purposes of implementing the permit or concession. provisions of the Act. (3) For each of its operations, an operator or contractor Establishment 51. Where applicable, before carrying out any work or activity of project shall submit to the Agency, a succession plan for any position not office. in Sierra Leone, the operator or contractor or other body submitting held by citizens and the plan shall provide for citizens to understudy a plan shall establish in the Catchment Area where the project is to incumbent expatriates. be located, a project office where project management and procurement decision making shall take place, to the satisfaction of (4) All staff employed by Sierra Leonean or foreign the Agency. companies that hold the same professional category and exercise Personnel similar functions, shall enjoy the same benefits such as salary and 52. The operator or contractor referred to in section 51 shall office. emoluments as well as working conditions under the principle of locate, within the project office, personnel with decision-making equal rights. authority in accordance with a list of personnel to be approved by the Agency. (5) A company shall submit to the Agency conditions of service and staff demography of its operators Office in the 53. Subject to section 51 the Agency shall have powers to community of operation. require any operator to maintain an office in the community where 56. (1) For each of its operations, an operator or contractor employment the operator has significant operations. may retain a maximum of fifty percent of management positions as fo r Expatriates. may be approved by the Agency as expatriate positions representing PART VIII–EMPLOYMENT AND TRAINING OF CITIZENS investor groups during the first five years of its establishment after which it may retain a maximum of forty percent of management Employment 54. (1) First consideration shall be given to citizens with the and training. positions as may be approved by the Agency as expatriate positions required qualifications for employment and training in any project representing the investor groups. executed by any operator or contractor in the sectors covered by this Act. (2) An operator or contractor may retain a maximum of fifty percent of intermediate positions as may be approved by the (2) First consideration shall be given to citizens Agency as expatriate positions during the first five years of its possessing the necessary or adequate qualifications, and having the establishment after which it may retain a maximum of twenty percent requisite expertise and experience for employment in all phases of of intermediate positions as may be approved by the Agency as operations in all the sectors covered by this Act and in accordance expatriate positions. with the labour laws. (3) Upon the commencement of this Act, an operator or Employment 55. (1) The Agency shall ensure that the operator or contractor shall make an application to, and receive the approval of of citizens. the Agency before making any application for an expatriate quota to contractor hire and maintains a reasonable number of personnel who are citizens with the required skills from areas it has operations. the Minister responsible for labour or any other ministry, department or agency of the Government of Sierra Leone.

32 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 33 (4) The application referred to in subsection 3 shall be 57. (1) The plan submitted by an operator or contractor for Employment and Training detailed and shall include- any project shall contain an employment and training plan which Plan. shall contain– (a) job titles; (a) an outline of the- (b) description of responsibilities; (i) hiring and training needs of an operator (c) the duration of the proposed employment in or contractor or subcontractor with a Sierra Leone; breakdown of the skills needed; (d) the curriculum vitae of the expatriate staff; (ii) anticipated skills shortages in the Sierra Leonean labour force; (e) the remuneration, allowances and other emoluments of the expatriate staff; (iii) project specific training requirements; and (f) evidence of advertisements or other publications of the job openings including (iv) anticipated expenditures that will be the job description; made directly by the operator in implementing employment and training (g) justification for the hiring of the expatriate plan as a forecasted and actual staff; and expenditure; (h) any other information required by the Work (b) a time frame for employment opportunities permit Committee established under section for each phase of project development and 34B of the General Law Business Start Up operations to enable members of the Sierra Act 2007 for the purposes of implementing Leonean workforce to prepare themselves for this Act. such opportunities; (5) All projects or contracts whose total budget exceeds (c) any other information required by the Agency fifty million United States Dollars ($50,000,000.00) equivalent in for the purposes of implementing this Act Leones shall contain a "Labour Clause" mandating the use of a minimum percentage of Sierra Leonean labour in specific cadres as (2) Where citizens are not employed because of lack of . may be stipulated by the Agency. training, an operator or contractor shall ensure, to the satisfaction of the Agency, that every reasonable effort is being made within the (6) All operators or contractors and other entities reasonable time to train locally or elsewhere and such effort and the operating in Sierra Leone shall employ only citizens in junior and procedure for its execution shall be contained in the operator's intermediate cadres or any other corresponding grades designated employment and training plan. by the operator or contractor.

34 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 35 (3) An operator or contractor in any of the sectors (d) a the plan to achieve the goals of integrating covered by this Act shall carry out a scheme of training and personnel who are citizens; and employment for employees who are citizens in each phase and level of an operation, activity or project, taking into account the (e) a contract review programmes to adjust to requirements of safety and the need to maintain acceptable standards the status of an operation. of efficiency in the conduct of the operations. 59. (1) For the purpose of implementing the annual agreement Human (4) The training programme referred to in subsection (3) with the Agency to integrate citizens into the workforce, each Resources Pla n. shall provide appropriate instruction and training to ensure the contractor shall submit to the Agency a plan for human resource advancement of employees who are citizens in the skilled, technical, development. supervisory, administrative and managerial categories. (2) The plan for human resource development referred (5) An annual written report shall be submitted to the to in subsection (1) shall contain– Director-General describing the personnel employed both old and new, their nationality, their employment status, the positions and (a) a definition of the type of technology and the status of training programmes for citizens . management experience to transfer to staff who are citizens including detailed Sierra 58. (1) All operators or contractors shall sign an agreement description of the same, the manner and time Leonean workforce with the Agency on an annual basis on the obligation to integrate frame for such transfer; agreement. citizens in the workforce. (b) a description of the forecasting of the (2) The agreement referred to in subsection (1) shall workforce including the number of take into account the current state of development of human technicians to be employed in the operation, resources in the operation. their job descriptions and information on the total number of employees in each category; (3) The agreement shall provide - (c) details on the integration process of (a) the organisational structure of the company personnel, who are citizens indicating the and prospects for its development; number of personnel to be integrated, the employment positions and their professional (b) the number, roles and occupational profiles and labour categories; of the workforce, both foreign and local (d) details on the training programme for including their salary structure at the time of personnel who are citizens in line with their the signing of the agreement; defined career plans; and (c) a career plan; (e) definition of the housing, transportation, food and other social benefits that are necessary for the integration of citizens.

36 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 37 (3) Every operator or contractor in any of the sectors 60. (1) Every operator or contractor in any of the sectors Research and Development. covered by this Act shall work closely with the Government of Sierra covered by this Act shall pay into the Development Fund referred to Leone to– in section 29, an annual training research and development fee as may be provided in the licence, permit, contract, concession, (a) support tertiary and technical institutions to provide the requisite training for the agreement or alliance partnership agreement. workforce; (2) For every project for which a plan is submitted, an (b) transform the education curriculum of tertiary, operator shall carry out a programme and set aside an expenditure vocational, technical and commercial allowance, to the satisfaction of the Agency, for the promotion of education institutions by prioritising science education, attachments, training, research and development in Sierra and technology based on the skills required Leone in relation to its work programme and activities. by the industrial growth sectors; (3) The operator or contractor shall submit to the Agency (c) align the education, curriculum of tertiary, vocational, technical and commercial and update every six months, an operator's or contractor's research educational institutions with the growth and development plan. sectors of the economy such as mining petroleum, fisheries and agriculture with a (4) The operator's or contactor's research and view to building a skilled workforce; development plan referred to in subsection (3) shall– (d) support on-the-job training and internships (a) outline a revolving three to five year plan for for youths and develop artisanal training for related research and development initiatives youths that have lower level of education; to be undertaken in Sierra Leone in the sectors covered by this Act, together with a (e) develop entrepreneurship and management breakdown of the expected expenditures that institutes to build managerial and technical will be made in implementing the research and skills required for employment and the provision of goods and services; and development plan; and (f) promote skills development for youths (b) provide for public calls for proposals for through on-the-job training, internships and research and development initiatives artisanal apprenticeships in established associated with the operator's activities. industries and firms. (5) The operator or contractor shall report to the Agency, (4) The Government of Sierra Leone shall provide on a quarterly basis, with respect to its research and development incentives for sector specific training and skills development in activities and the Agency shall compare these activities to the entrepreneurship and management offered by public and private sector institutions, industry associations and by private companies. operator's or contractor's research and development plan.

38 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 39 Technology 61. (1) Every operator or contractor in any of the sectors (b) establish a generic scorecard with elements Transfer. and weightings based on sector codes; covered by this Act shall prepare and implement plans for the transfer to employees, advanced technological skills relevant to the respective (c) set a framework for the accreditation of Sierra sectors, in accordance with Sierra Leone's own plans and priorities, Leone local content development verification to the satisfaction of the Agency. agencies; and (2) The operator or contractor shall give full and effective (d) set a transitional period for the entry into support to technology transfer by encouraging and facilitating the force of the scorecard. formation of joint ventures, alliances, partnerships and the development of licensing agreements between Sierra Leonean and 64. The Agency shall establish a Sierra Leone local content Sierra foreign contractors, service or supplier companies' agreements in on-line internal portal which shall– Leonean fulfilment of the requirements for Sierra Leonean content development Content on- line internal to the satisfaction of the Agency. (a) provide a virtual platform to facilitate portal. transactions required for efficient delivery of (3) The operator or contractor shall submit a report to the goods and services in the industry; Agency annually describing its technology transfer initiatives and their results and the Minister shall make regulations setting targets (b) provide functional interface with the joint on the number and type of joint venture or alliances to be achieved qualification system and provide a universal for each project. and transparent governance structure drawn from industry stakeholders; PART IX-–SYSTEMS AND COORDINATING FORUM (c) perform all other functions, roles and Sierra 62. (1) The Agency shall establish a Sierra Leonean content responsibilities directed by the Minister in Leonean certification scheme for the supply of designated materials, goods accordance with this Act; and Content Certification. and services. (d) track and monitor Sierra Leone local content (2) The Agency shall designate the materials, goods and performance of operators, project promoters services to which the Sierra Leone local content certification shall as well as suppliers and service providers apply. with the provision of relevant feedback. 65. (1) The Agency shall establish, maintain and operate a Joint (3) The methodology for the calculation of Sierra Leone joint qualification system in consultation with industry stakeholders Qualification System. content for designated materials, goods and services shall be laid which shall be administered in accordance with Regulations made down in regulations . by the Minister in accordance with this Act. (4) The calculation of Sierra Leone local content shall (2) The joint qualification system shall constitute an not apply to the resale of imported goods, services or materials. industry databank of available capabilities and shall be used for - Sierra (a) the registration and selection of technically 63. The Agency shall establish a Sierra Leone local content Leonean capable contractors for tenders of not less Content scorecard system which shall– than two hundred and fifty thousand United Scorecard. States Dollars ($250,000.00) equivalent in (a) provide a system of measuring compliance with Sierra Leone local content development; Leones in value ;

40 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 41 (b) verification of contractors' capacities and (g) materials and manufacturing; capabilities; (h) information and communication technology; (c) evaluation of application for Sierra Leonean (i) mining; content in the operations of operating companies and contractors; (j) petroleum; (d) database for national skills development (k) agriculture and agri-business; pool; and (l) hotel and tourism; (e) ranking and categorisation of service companies based on capabilities and Sierra (m) construction and public works; Leonean content. (n) education and training and; Sierra 66. (1) The Agency shall set up a consultative body to be Leonean (o) any other professional services nominated Content known as the Sierra Leone Local Content Consultative Forum which by the Agency. Consultative shall provide a platform for information sharing and collaboration in Forum the sectors covered by this Act with respect to - PART X–MEASURES TO MONITOR AND EVALUATE SIERRA LEONEAN CONTENT COMPLIANCE (a) upcoming projects in the sectors; 67. Within sixty days of the beginning of each year, the operator, Sierra Leone Content (b) information on available local capabilities; and contractor or subcontractor shall submit to the Agency an annual Performance report to be known as the Sierra Leonean content performance report Report. (c) other policy proposals that may be relevant covering all its projects and activities for the year under review. to Sierra Leonean content development. 68. (1) Subject to section 67 the Sierra Leone local content Content of (2) The Sierra Leone Local Content Consultative Forum performance report shall specify by category of expenditure, the Sierra Performance Report. shall be made up of key industry stakeholders, government and Leone local content on both the current and cumulative cost basis regulatory agencies, chambers of commerce, professional and shall set out - associations and representatives from the following sectors - (a) employment achievement in terms of hours (a) fabrication; or days worked by Sierra Leonean and foreign workers and their status; and (b) engineering; (b) procurement achievement in terms of (c) financial services; quantity and tonnage of locally manufactured materials and materials of foreign origin. (d) legal services; (2) The Agency shall undertake regular assessment and (e) insurance; verification of the Sierra Leone local content performance report filed by the operators or contractors in compliance with this Act as may be (f) shipping and logistics; considered appropriate by the Agency.

42 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 43 (3) The Agency shall issue directives to operators, (b) if the body of persons is a firm, every partner contractors, other entities or persons in order to develop a process of that firm shall be deemed to have to facilitate reporting of activities relating to any aspect of this Act. committed that offence: (4) For the purposes of assessment and verification, 72. (1) Where a person is convicted of an offence under this Order of forfeiture. operators and contractors shall provide the Agency or its designated Act the court may in addition to any other penalty imposed - agent with access to their facilities, documentations and information required for substantiating Sierra Leone local content report. (a) make an order for the forfeiture of any funds, money instruments, documents, facilities, (5) The operator shall effectively communicate its Sierra vehicles, crafts, vessels or equipment used Leone local content policies and procedures to its contractors and in the commission of the offence; and subcontractors to monitor and enforce their compliance (b) make an order - PART XI -–OFFENCES (i) for the forfeiture of goods or materials Offences 69. (1) An operator or contractor who carries out any project obtained or recovered in the course of and penalties. contrary to this Act commits an offence and is liable upon conviction the commission of the offence; to a fine of five percent of the project sum for each project in which the offence is committed. (ii) for the payment by that person to the State of an amount equal to the proceeds (2) An operator or contractor who continues to carry out received of the sale of goods and any project contrary to this Act, after being fined under subsection services so obtained or recovered; or (1) , shall have investment incentives associated with the project to the value of ten percent of the project sum withdrawn or shall result (iii) for the payment by that person to the in the cancellation of the project. State of the value at the wellhead, assessed by the court in respect of the Obstruction. 70. Any person who obstructs, impedes , interferes or fails to quantity recovered or for the payment comply with any lawful demand of an authorised officer of the Agency of a part of that amount as the court, in the performance of his functions under this Act commits an offence having regard to all the circumstances, and shall be liable on conviction to a fine not below ten million thinks fit. leones (Le10,000,000.00) or to imprisonment for a term not exceeding five years or to both the fine and imprisonment. (2) Where the court is satisfied that an order made under subparagraph (i) of paragraph (b) of subsection (1) cannot for any Offence by 71. Where an offence under this Act is committed by a body reason be enforced, the court may, upon the application of the person body of persons. of persons– by whom the proceedings were brought, set aside the order and make an order referred to in subparagraphs (ii) and (iii) of paragraph (a) if the body of persons is a body corporate, (b) of subsection (1). every director or officer of that body shall be deemed to have committed the offence;

44 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 45 (2) The court may, before making an order under this (2) The Agency shall make standing orders regulating its section, require notice to be given to, and to hear any person as the proceedings and those of its standing committees in consultation court thinks fit. with the Minister. Misrepre- 73. (1) A person commits an offence if that person knowingly. 75. Upon the commencement of this Act- Transfer of sentation. assets etc. (a) misrepresents or attempts to misrepresent the (a) all rights, liabilities, assets, obligations and Sierra Leonean content status of an privileges of the Local Content Unit are enterprise; hereby transferred, conferred or imposed on the Agency; (b) provides false information or misrepresents information to the Verification Personnel in (b) a reference in any deed, contract, bond, order to secure a particular Sierra Leonean security or other legal document to the Local content status or any benefit associated with Content Unit shall have full force and effect compliance with this Act; or and be enforceable as fully and effectually as if the Agency has been named therein and (c) provides false information or misrepresents has been a party thereto. information relevant to assessing the Sierra Leonean content status of an enterprise, to 76. On the coming into operation of this Act employees of the Transfer of Certain any organ of state or public entity. Local Content Unit as shall be specified by the Minister in writing Employees. shall be transferred to the Agency without prejudice to any (2) A person who commits an offence under subsection entitlement to pension, gratuity or other vested or accrued rights (1) is liable on conviction to a fine not below ten million leones from their previous employment; and on such terms and conditions (Le10,000,000.00) or to imprisonment for a term not exceeding five of service no less favourable as were applicable to them in their years or to both the fine and imprisonment. previous employment. PART XII–MISCELLANEOUS PROVISIONS 77. The Minister may by statutory instrument make regulations Regulations. for carrying out the purposes of this Act particularly for– Review of quantitative 74. (1) The Minister shall conduct a review of the quantitative Targets. targets in specific sectors established under this Act every two years (a) establishing the minimum standards, with a view to ensuring a measurable and continuous growth in facilities, personnel and technology for Sierra Leonean content in all projects, operations, activities and training in the sectors covered by the Act; transactions in the sectors covered by this Act. (b) specifying modalities involving operators as partners in training and development;

46 No. 3 The Sierra Leone Local Content Agency Act 2016 No. 3 The Sierra Leone Local Content Agency Act 2016 47 (c) setting out targets to ensure- provision of engineering or other pro-fessional services in the sectors covered by this Act to be registered with the (i) full utilisation and steady growth of relevant professional bodies in Sierra Leone; indigenous companies engaged in exploration in the case of the mining and (g) requiring any operator to invest in or set up a facility, petroleum sectors and in other factory, production units or other operations in Sierra Leone preliminary activities or operations in for the purposes of carrying out any production, the other sectors covered by this Act; manufacturing or providing a service otherwise imported into Sierra Leone; and (ii) seismic data processing in the case of the mining and petroleum sector; (h) regulating the Sierra Leonean Content Certification and the Sierra Leone local Content Scorecard. (iii) engineering design; (iv) reservoir studies; (v) gps surveys in the case of agriculture; Passed in Parliament this 24th day of November 2015, in the year of our Lord two thousand and fifteen. (vi) manufacturing and fabrication of equipment; and IBRAHIM S. SESAY, Clerk of Parliament. (vii) other facilities as well as provisions of other support services in Sierra Leone in the sectors covered by this Act. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the (d) setting targets on the number and type of said Bill. such joint venture or alliances to be achieved for such project; IBRAHIM S. SESAY, (e) setting targets for the growth of research and Clerk of Parliament. development in sectors covered by this Act in Sierra Leone (f) require any operator or company or its PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. professional employees engaged in the GAZETTE NO. 11 OF 3RD MARCH, 2016.