Sei sulla pagina 1di 56

Sierra Leone:

An Investor’s Guide
A Private Sector Perspective on the Investment Landscape
Publication Date, July 2015
In October 2014, the UK Foreign and Commonwealth Office held a briefing for the business
community on its actions to support the Government of Sierra Leone during the Ebola crisis.
Following that briefing, a group of financial and professional services firms based in the UK came
together to provide pro bono support for the UK Government as it assisted the Government of Sierra
Leone in the fight against Ebola. The group of firms, known informally as the “City Ebola Taskforce”,
has drafted this Investor Guide to address “aversion behaviour” on the part of investors by presenting
a private sector voice on the opportunities for investment in Sierra Leone.
The contents of this publication are, to the best of our knowledge, current at the date of publication,
and are for reference purposes only. They do not constitute legal or investment advice and should
not be relied upon as such. Specific professional advice about your specific circumstances should
always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills LLP 2015
01

Contents

Forewords........................................................................................................................................................................................................................................................... 03
Introduction....................................................................................................................................................................................................................................................06
Executive Summary............................................................................................................................................................................................................................. 06
Part I: Investing in Sierra Leone.............................................................................................................................................................................. 11
Sierra Leone at a Glance.......................................................................................................................................................................................... 11
Country Facts............................................................................................................................................................................................................................... 11
Governance..................................................................................................................................................................................................................................... 12
Rule of Law....................................................................................................................................................................................................................................... 12
Business and Human Rights.............................................................................................................................................................................. 13
Dispute Resolution.............................................................................................................................................................................................................. 14
Finance and Banking........................................................................................................................................................................................................ 15
Investing in Sierra Leone........................................................................................................................................................................................... 16
Policy and the Legislative Framework.................................................................................................................................................. 19
Introduction to the Legal Landscape.................................................................................................................................................... 19
Entry and Establishment............................................................................................................................................................................................. 19
Treatment and Protection of Foreign Investments..........................................................................................................20
Key Legislation Affecting Businesses in Sierra Leone............................................................................................21
Part II: Overview of key sectors................................................................................................................................................................................26
Energy.......................................................................................................................................................................................................................................................26
Natural Resources: Mining and Petroleum................................................................................................................................ 30
Infrastructure: Water, Roads, Rail, Ports, Airports, Telecoms and Tourism....................... 34
Agriculture and Fisheries......................................................................................................................................................................................... 38
Part III: Post-Ebola Investment Climate................................................................................................................................................... 42
Introduction to the Post-Ebola Investment Climate.......................................................................................................42
The Post-Ebola Recovery Strategy..........................................................................................................................................................42
Rebound in Economic Activity........................................................................................................................................................................ 43
Investment Opportunities: Health, Education and Social Services................................................. 43
Renewed Focus on Traditional Growth Sectors.............................................................................................................. 44
Looking to the Future...................................................................................................................................................................................................................45
List of Abbreviations.......................................................................................................................................................................................................................... 46
References........................................................................................................................................................................................................................................................ 48
02
03

Foreword by
President Ernest Bai Koroma

Sierra Leone has a wonderful heritage and history of achieving


many firsts in Africa – from being pioneers in printing
newspapers and delivering national radio to establishing
Fourah Bay College, the first university in sub-Saharan Africa.
Since my election as President of the The private sector has therefore been
I look forward to you visiting Republic of Sierra Leone in 2007, my placed at the heart of our recovery plan
our great country, to experience focus has been to rekindle that pioneering through which we hope to expedite
first‑hand, the beauty, the spirit, to motivate and develop the private socio-economic recovery and reclaim the
graciousness and the resilience sector to drive Sierra Leone’s economic path to sustainable development set out
of Sierra Leoneans and our development. That is why my Government in the “Agenda for Prosperity”. Our
remarkable investment potential. has in the last seven years prioritised long-term strategy and short-term
improving the enabling environment so that Recovery and Transition Plan set out to
the private sector can thrive and provide restore and strengthen trade and private
much-needed growth, opportunities and sector activities. This Investor Guide is one
resources for our country. step in that direction.
As I write, we are fighting the last cases This Guide represents an independent
of Ebola in the country. It has been a long, private sector voice on Sierra Leone’s
unprecedented struggle, but with the investment landscape. I am grateful to
dedication and heroism of our Ebola the firms that came together to draft the
response workers, with the strength, Guide and would encourage potential
expertise and, too often, sacrifice of our investors looking for a comprehensive,
doctors, nurses and other health workers, independent and objective reflection of the
and with support from our international potential of the Republic of Sierra Leone
partners, we are winning the fight for our for future investment to read about the
humanity and our nation. numerous opportunities outlined in the
pages that follow.
Before we were struck by Ebola, we were
one of the fastest growing economies I look forward to you visiting our great
in the world. Our ambition is to return country, to experience first-hand, the
to this trajectory of prosperity. From my beauty, the graciousness and the resilience
first term’s “Agenda for Change”, which of Sierra Leoneans and our remarkable
focused on private sector-led growth, to investment potential.
the “Agenda for Prosperity”, our country’s
A very warm welcome, and God bless
vision to become a middle-income country,
Sierra Leone.
we as a nation are pursuing an inclusive
economy with reduced poverty and greater
opportunities for all people. We recognise H.E. Dr. Ernest Bai Koroma
that this is only possible in partnership with President of the Republic of Sierra Leone
the private sector.

Sierra Leone Investment and


Export Promotion Agency
Towerhill, O.A.U. Drive
Freetown, Sierra Leone
+232 78 233 712
+232 77 439 355
www.investsierraleone.biz
04

Foreword by the UK Secretary


of State for International
Development and UK Minister
for Africa
Africa’s story in the twenty-first century is Now is the time for the private sector to
one of entrepreneurialism, advancing truly come into its own in the long-term
technology and rising opportunity. Sierra recovery effort, identifying and driving the
Leone was very much a part of this story business opportunities that Sierra
prior to the 2014-2015 Ebola epidemic Leoneans and leading businesses stand
and was one of the fastest-growing ready to grasp. This is not just a matter of
economies in the world. Investments in corporate responsibility. If Sierra Leone’s
infrastructure and energy were potential can be harnessed to create
accelerating, efforts to strengthen sustainable long-term growth on behalf
government institutions and capacity of all its people, it could become a real
were under way, and the Sierra Leone economic force and a major market in
Government was working on policies and which to do business. There is huge
reforms conducive to good governance potential in sectors such as energy (where
and private sector growth. As a result, a ten-fold increase in generation is planned
Sierra Leone was presenting attractive over the coming years), mining, petroleum,
international investment opportunities agriculture and infrastructure.
in energy, including in hydropower and
The Government of Sierra Leone, with UK
solar generation; infrastructure; natural
and international community support, is
resources such as bauxite, diamonds,
working to diversify its economy, improve
gold, rutile, coltan, iron ore and potentially
transparency, broaden its tax base, develop
offshore oil. Lastly, there were largely
and improve its infrastructure and create
untapped opportunities in agriculture and
jobs for the people of Sierra Leone. Private
fisheries, with fish stocks estimated at
sector involvement and investment will be
more than US$100 million per annum.
central to unlocking this potential – to
Apart from the terrible human cost, the everyone’s benefit. We hope that this
Ebola outbreak has set Sierra Leone back Investor Guide will be a tool to support the
economically. It took the heroic efforts of widening and strengthening of these
the Sierra Leonean people and their partnerships so critical for our shared
government and an unprecedented crisis prosperity. The way the world acts now will
response from the United Kingdom, define Sierra Leone’s future, and the
non-governmental organisations and wider region’s future, for years to come.
international community to turn the tide of
the epidemic. At the time of publication,
The Rt Hon Justine Greening
the UK remains focused on supporting the
UK Secretary of State for International
government and people of Sierra Leone to
Development
get to zero new cases of Ebola as quickly
as possible, but it is right that we are also
looking to the future. That future should be James Duddridge MP
one with a revitalised economy; a growing UK Minister for Africa, Caribbean, and the
and flourishing private sector will be key Overseas Territories in the Foreign and
to this crucial pillar of a sustainable Commonwealth Office
recovery effort.
05

Joint Letter from


Herbert Smith Freehills,
Standard Chartered
and Prudential plc
We are delighted to have worked The work in regenerating Sierra Leone will
together to produce this Investor Guide stretch well beyond the immediate aftermath
for Sierra Leone. of the crisis and will require commitment,
skill and imagination over the coming
As global businesses with a long-standing
months and years. We hope that this
commitment to Africa in general – and
Investor Guide will grow and develop, and
Sierra Leone in particular – we are
will serve as a useful resource for all those
passionate about helping Sierra Leone
with an interest in helping Sierra Leone on
recover and emerge stronger from the
its path towards economic recovery.
Ebola crisis. While challenges remain, the
country offers tremendous potential, with
strong underlying growth and investment Stéphane Brabant
opportunities. We are absolutely Partner, Africa Practice Group Chairman
committed to working with the Government Herbert Smith Freehills
of Sierra Leone and international partners
and investors to help the country reach its
Diana Layfield
full potential, for the benefit of all.
CEO, Africa Region
This Investor Guide outlines the opportunities Standard Chartered
the country offers, provides context for
potential investors and outlines resources
Matt Lilley
that potential investors can draw on.
CEO Africa
Each of our organisations has responded Prudential plc
to the Ebola crisis, deploying our
resources, networks and expertise to help
where we can. We have also recognised
that we are stronger when we work
together, which is why we joined forces to
form the City Ebola Taskforce. There is no
doubt that the financial and professional
services sector has an important role to
play in supporting the rebuilding of
stronger banking, insurance and legal
frameworks in Sierra Leone. Acknowledgements
Herbert Smith Freehills LLP, Standard
Chartered Bank and Prudential are very
grateful for the assistance provided in the
compilation of this Investor Guide by the
Government of Sierra Leone including the
Sierra Leone Investment and Export
Promotion Agency, the Africa Governance
Initiative, the UK Department for
International Development, the UK Foreign
and Commonwealth Office, Friends
Provident, Addax Bioenergy, Solon Capital
Partners, TCQ Power, Copperbelt Energy
Corporation, ManoCap, Lion Mountains
and Phoenix Africa Development Company,
the UK Sierra Leone Pro Bono Network,
Eversheds LLP, BMT Law Chambers,
Francis Taylor Building, Agiterra Group,
and Planting Promise.
06

Introduction

In the four years preceding the Ebola outbreak, Sierra Leone’s


economy outperformed both the West African and pan-
African averages year-on-year, placing it among the world’s
top 20 economies by growth during that period.
The Ebola outbreak not only resulted in a Executive Summary
The Government of Sierra Leone devastating humanitarian crisis but also
(GoSL) has placed private sector-led Economic Context
“aversion behaviour” on the part of
growth at the heart of its Post-Ebola numerous investors, which adversely Sierra Leone’s economic fundamentals
present an attractive investment
Recovery Strategy (published in affected this pre-crisis growth.
proposition. In 2013, Sierra Leone’s real
2015), acknowledging the need to The Government of Sierra Leone (GoSL) GDP growth was approximately 20 per
assure investors that Sierra Leone has placed private sector-led growth at the cent. While this fell during the height of the
is an environment conducive to heart of its Post-Ebola Recovery Strategy Ebola crisis, with estimates for 2014 and
foreign direct investment. (published in 2015), acknowledging the forecasts for 2015 predicting negative
need to assure investors that Sierra Leone growth, Sierra Leone is projected to return
is an environment conducive to foreign to solid growth as the country recovers
direct investment (FDI). Although from the outbreak and coinciding drop in
challenges to doing business in Sierra commodity prices.
Leone remain, several of these challenges
themselves also give rise to promising Forecasts for 2016 and 2017 place the
opportunities for investment. country’s estimated growth at 8.4 per cent.
in terms of real GDP, which is above other
The purpose of this Investor Guide is to sub-Saharan economies such as Kenya,
identify and describe areas of opportunity Nigeria and Ghana, and also above the
for investment in Sierra Leone in the run-up global developing country average of
to reaching zero new cases of Ebola and in approximately 5 per cent. Sierra Leone’s
the immediate post-crisis period. currency, the Leone, has proved stable,
and inflation has fallen from double digit
This Investor Guide considers key features of
levels at the start of the decade to a
the Sierra Leonean economy and its principal
projected 6.6 per cent. for 2015. It is
industry sectors and provides an outline of the
expected that growth will rebound to
applicable legislative framework. It features
double digits over the next three to
case studies from current international
five years.
investors in Sierra Leone and demonstrates
the progress that has been made in recent
years in creating an attractive environment for
foreign investment, as well as the key
challenges that are being, and remain to be,
addressed at the time of publication.

Sierra Leone GDP growth, constant 2010 USD %

25
20.127
20
15.204
15

10 8.042
4.532 4.241 5.240
5 3.196
5.962
0
2005 2006 2007 2008 2009 2010 2011 2012 2013
Introduction Part I Part II Part III Looking to the Future

07

Real GDP growth % Overview of Investment


25
Opportunities
20.1 Sierra Leone benefits from a number of
20
enviable natural advantages. It has a
15 strategic location on the Atlantic seaboard
10 8.4 8.9 of West Africa, with one of the largest
6.0 natural harbours in the world. The country
5
has over 5.4 million hectares of fertile
0 agricultural land and forestry, almost
-5 75 per cent. of which remains under-
cultivated. It is also seeking to improve the
-10
exploitation of its significant fish stocks,
-15 yields for which are, at the time of
-12.8
2013 2014e 2015f 2016f 2017f publication, estimated at more than
Developing economies average Nigeria Kenya Ghana Sierra Leone
US$100 million per annum.
Rich deposits of a variety of important
FDI levels have been increasing since the Steady economic progression has been minerals lie beneath the ground, including
end of the civil war in 2002 and the latest underpinned by political stability. Since iron ore (Sierra Leone is home to one of the
United Nations (UN) figures show 2002, there have been two peaceful world’s largest deposits containing an
US$579.1 million of inward FDI flows for democratic elections, including a peaceful estimated 12.8 billion tonnes of iron ore
2013. This is, in part, due to the GoSL transition of power between the two major reserves), bauxite (of which Sierra Leone
undertaking what the United Nations political parties. Sierra Leone is one of has significant reserves, including a reserve
Conference on Trade and Development Africa’s most religiously tolerant nations: as at Port Loko of around 100 million tonnes)
(UNCTAD) has called “one of West The Economist has noted, “Sierra Leone and rutile (Sierra Leone produced an
Africa’s most ambitious reform agendas”. takes religious tolerance seriously… estimated 120,000 tonnes of contained
relations between the two main religious titanium dioxide in 2014, which accounted
Sierra Leone has made it a political priority for roughly 14 per cent of total world
groups in the West African country are
to create a highly competitive environment production). Between 2009 and 2012
cordial.” Continued stability will be
for FDI. The country has recently been the value of Sierra Leone’s natural
essential as the country aims to meet its
called “one of the world’s top ten business resource exports exceeded
objective of achieving “middle income
reformers”, and has climbed into the top US$1.2 billion, accounting for
status” (as defined by the World Bank)
half of the sub-Saharan index for ease of approximately 70 per cent of the country’s
by 2035.
doing business, coming above its total exports. The GoSL recognises that the
neighbours Senegal, Guinea and Liberia in To place the country back on its trajectory effective exploitation of the country’s natural
the 2015 World Bank survey. to meet this objective, the GoSL’s Post- resources represents its best prospect
Ebola Recovery Strategy includes a holistic of achieving its aims under the Agenda
review of the GoSL’s priorities, policies and for Prosperity (A4P).
systems underpinning social betterment
and economic growth. The Strategy Notwithstanding the natural attractions of
indicates the GoSL’s willingness to reflect Sierra Leone as an investment destination,
on what could have been done differently foreign investors will nonetheless need to
in the period preceding the Ebola outbreak overcome certain obstacles. The most
and reasserts its commitment to creating a visible of these is the lack of adequate
favourable investment climate in order to social and physical infrastructure and
boost private sector participation and bring historic underfunding in education, health,
back the growth the country enjoyed transport and telecommunications, coupled
before the outbreak. with the diversion of scarce public
resources caused by the civil war of the
1990s. This Investor Guide sets out the
measures the GoSL is taking to address
these concerns, including infrastructure
08

rehabilitation and construction projects. The GoSL is also raising capital to invest in
Opportunities for immediate The GoSL is also tackling issues of the creation of a national grid through the
investment range from Sierra Leone’s corruption through the development and 2015 Electricity Medium-Term Bond.
traditional strengths in mineral strengthening of anti-corruption
Natural Resources
resources, to huge, largely untapped mechanisms outlined in further detail in
Sierra Leone has rich mineral deposits and
opportunities in agriculture and Part I below.
significant reserves of gold and diamonds,
fisheries. There are also Sierra Leone is ranked 183 out of 187 outlined further in Parts I and II of this
opportunities in biofuels and countries on the United Nations Investor Guide.
hydro-electricity along with serious Development Programme (UNDP)’s
The extractives sector has been heavily
potential in offshore oil and gas Human Development Index 2013 and is
affected by the drop in iron ore prices
currently seeking to rediscover the
compounded by the Ebola outbreak.
momentum it had before the Ebola
Production remains below Sierra Leone’s
outbreak. Patience, flexibility and
potential output and extensive reserves
determination are essential for successful
remain under-exploited.
investment in the country, and for
capitalising on the undoubted Sierra Leone has made significant efforts
opportunities that exist. to improve the integrity of its mining sector
to meet modern standards, complying with
Opportunities for immediate investment
the global standards of the Extractive
range from Sierra Leone’s traditional
Industries Transparency Initiative.
strengths in mineral resources, to huge,
largely untapped opportunities in Discoveries of offshore oil fields by African
agriculture and fisheries. There are also Petroleum and Anadarko display significant
opportunities in biofuels and hydro- potential. The GoSL estimates that oil
electricity along with serious potential in production could start in 2017. Although
offshore oil and gas. the size of oil resources and the financial
viability of extraction are not yet clear,
For specific details on the opportunities
estimates range from 500 to 700
and challenges relating to the following
million barrels of oil, and preliminary
sectors summarised here, please refer to
drilling indicates that the oil is of a
Part II of this Investor Guide.
high quality.
Energy
Infrastructure
The GoSL is focused on increasing
The GoSL has embarked on a vast
generation capacity and improving the
programme of works to improve the
transmission and distribution of power in
country’s infrastructure, giving rise to many
the country. This presents numerous
opportunities for strategic partnerships.
opportunities for investment in the sector.
Improvements to the country’s physical and
To address Sierra Leone’s low levels of
digital infrastructure will inevitably advance
installed power generation capacity, the
growth in other sectors. This includes
GoSL has identified up to 27 potential
Sierra Leone’s promising tourism sector,
hydropower sites, ranging from the
which has significant potential for growth,
US$580 million Yiben project, to smaller
particularly following the opening of
projects, including mini-hydro plants below
Freetown’s five-star Radisson Blu Hotel in
1 MW. In addition, the potential for solar
2014 and the development of the Hilton’s
power is as great as 2200kWh/m,
Cape Sierra Hotel, due to open in 2015.
according to the European Commission.
Hybrid solar-hydro plants are being
considered as a possible solution to
managing reduced water levels during
Sierra Leone’s dry season.
Introduction Part I Part II Part III Looking to the Future

09

Sierra Leone’s principal transport hubs are Agriculture and Fisheries A variety of tax and non-tax incentives
the Port of Freetown and Lungi The agricultural sector has also been badly for both local and foreign investors
International Airport. Both sites have been affected by the Ebola epidemic. Despite have been designed to channel
criticised in the past for being outdated. these difficulties, the extensive opportunities investments to specific industries and
The GoSL has taken steps to address this: for investment in this area are attractive. encourage engagement in eligible new
Sierra Leone has around 5.4 million hectares enterprises and expansion projects in
In November 2010, the National
of fertile land and compares favourably agriculture, agro-industries, manufacturing
Commission for Privatization awarded a 20
against its counterparts in other emerging and construction. Incentives include
year concession of the Port of Freetown
markets in terms of labour costs, leasing income tax exemptions, deductions for
terminal to Bolloré Africa Logistics,
costs and resource costs. income tax purposes and import duty
resulting in changes that are expected to
exemptions. These are explored in greater
increase the involvement of the private In addition, a number of tax incentives are
detail in Parts I of this Investor Guide.
sector in front-line and back-up cargo available to certain agribusinesses. The
handling and storage functions. GoSL is promoting investment in cash The IPA supplements these incentives with
crops such as cocoa, coffee and palm oil a framework for the settlement of disputes
Lungi International Airport is also under
and is also planning to establish (tax free) in an international forum, providing for
renovation, with US$8.9 million funding
export-processing zones in the country. United Nations Commission on
from the World Bank and the
International Trade Law (UNCITRAL)
participation of a number of European Fisheries and marine resources are one of
arbitration (or resolution under such other
private enterprises. In addition, plans are Sierra Leone’s lesser known sources of
international machinery as the parties may
in place for the development of a new untapped wealth, yet they have the
agree) in the event of a dispute between
airport at Mamamah. potential to become the country’s second
an investor and the GoSL with respect to
largest sector for exports after minerals.
In telecoms, the Africa Coast to Europe (a) an investment in a business enterprise,
(ACE) submarine cable, which extends Investment Climate or (b) investments that have been
from France to South Africa, finally linked The GoSL’s A4P programme is aimed at obstructed or delayed by the GoSL.
to the Sierra Leone network in February boosting the country’s investment climate Investors from the United Kingdom (UK)
2013. The country will also benefit from and capitalising on the current political and Germany investing in Sierra Leone
the ECOWAS fibre optic network stability. The programme emphasises benefit from bilateral investment treaties
(ECOWAN) in due course. This is private sector-led growth, with a particular (BITs), which prohibit discriminatory
addressed as a priority in the GoSL’s focus on diversifying the economy and treatment, provide for most-favoured nation
Post-Ebola Recovery Strategy. improving the enabling environment for (MFN) treatment, and refer investor-state
The post-Ebola landscape will give rise to private sector-led growth through, for disputes to ICSID arbitration. A BIT with
significant investment opportunities in instance, improvements in energy, water China containing standard investment
health and sanitation infrastructure. Ebola and transport infrastructure. Further details protections has been signed but is not yet
has hit these sectors hard, with the loss of can be found in the sector-specific sections in force.
many hospital staff and resources to the under Part II of this Investor Guide.
At a regional level, Sierra Leone is a
disease. As has been noted, The Investment Promotion Act 2004 (IPA), member of the Economic Community of
“reconstructing the health system in the which serves as the foundation of the West African States (ECOWAS), a
post-Ebola period will require significant private investment regime in Sierra Leone, 15-member regional group and, more
investments in every aspect of the health has as its purpose the promotion and locally, the Mano River Union (MRU), a
system.” attraction of private investment, both smaller regional group consisting of Côte
domestic and foreign, “for the development d’Ivoire, Guinea, Liberia and Sierra Leone.
of value-adding opportunities, export Both groups exist to develop intra-African
creation and investment opportunities.” trade by promoting economic co-operation
The IPA offers significant incentives to and the removal or harmonisation of tariffs
foreign investors in Sierra Leone, including and other barriers.
the ability to repatriate profits and capital
without restriction, the ability for
companies to carry forward losses
indefinitely and customs exemptions for
expatriate workers and their families.
10

In the context of an increasing focus on Key GoSL Contacts for Investors


There are considerable opportunities human rights within businesses around Sierra Leone has developed a political
for immediate investment in Sierra the world, the GoSL has taken steps to framework for the promotion and
Leone. These will benefit from the enhance human rights protection. These facilitation of inbound investment. The
GoSL’s increased focus on improving are explored in Part I of this Investor Sierra Leone Investment and Export
the investment climate in the Guide.  The country has seen a steady Promotion Agency (SLIEPA) was
post-Ebola period. In this context, improvement in this area since the end of established in 2007, which provides
we invite investors to consider the civil war in 2002. This includes the existing and potential investors with
establishment of the Sierra Leone Human
afresh Sierra Leone as a desirable information and support relating to
Rights Commission in 2004, which has
destination for investment. a mandate to protect and promote human
investment in Sierra Leone. Potential
investors may find it helpful to make
rights across the country, and the National contact with SLIEPA early in the
Commission for Social Action, which has investment process.
been active in disability rights and has
provided rehabilitation grants to over Alongside SLIEPA, the Public Private
one thousand conflict victims, including Partnership Act 2010 (PPP Act 2010)
amputees. Legislative reforms include the established the Public Private Partnership
Persons with Disability Act 2011, which Unit (PPP Unit) as an agency of the
transposed the Convention on the Rights GoSL’s executive arm. The PPP Unit
of Persons with Disabilities into domestic sources, develops, supports and conducts
law, gender justice laws and the Child due diligence in respect of public-private
Rights Act 2007. investments in Sierra Leone, with particular
regard to investments in infrastructure and
other long-term projects.
Introduction Part I Part II Part III Looking to the Future

11

Part I

Investing in Sierra Leone

Part I of the Investor Guide sets out Sierra Leone’s investment


climate, key opportunities and challenges for investors in the
country, an overview of the market and the legal framework
for FDI.

Population

6.32m
Area

71,740km2
GDP

US$4.4bn
Sierra Leone at a Glance Currency: Leone (Le)
Country Facts1 Official language: English
Population: 6.32m (April 2015 estimate);
Core industries: agriculture (key crops,
4.98 million at last census (2004). The
such as rice, sugar, oil palm and cocoa, as
next census, which was postponed due to
well as agribusiness functions relating to
the Ebola outbreak, is now planned for
trading and/or processing); diamonds
December 2015. Around 38 per cent. of
(over 600,000 carats exported in 2013),
the population live in urban areas.
iron ore (one of the world’s largest iron ore
Geography: Situated in West Africa. deposits at African Minerals’ Tonkolili mine
Bordered to the west by the Atlantic contains an estimated 12.8 billion
Ocean, to the north and northeast by tonnes), rutile (the world’s largest
Guinea and to the south and southeast reserves, producing an estimated 120,000
by Liberia. tonnes of contained titanium dioxide in
2014), gold (producing approximately 141
Area: 71,740km2 kg worth of gold in terms of mine output in
GDP: US$4.4 billion falling by 12.8 per 2012 and 193 kg in 2014) and bauxite
cent. from the 2014 figure, though mining (including the country’s Port Loko
currently predicted to rebound to 8.4 per deposit, which contains 100 million tonnes
cent. growth in 2016 if iron ore production of bauxite reserves). Tourism is another
returns to its previous levels (April 2015 key sector in the country, with potential
estimate). Over the past ten years (until to tap into sub-Saharan Africa’s
2014), GDP has been continually (and US$66 billion tourism industry.
increasingly) on the rise. In 2013, before
Ebola hit the country, Sierra Leone’s
real GDP growth rate was more than
1 Unless indicated otherwise, figures have been 20 per cent.
sourced from the IMF.
12

Key exports and imports: as detailed not allow an incumbent to stand for a third Rule of law
further in Part II of this Investor Guide, term. A peaceful, credible and stable
Constitution
Sierra Leone’s main exports are in the transition of power would increase investor
mining and agriculture sectors. Until 2012, confidence by providing a reduced risk of Sierra Leone’s Constitution contains
diamonds were the main export in Sierra shock and greater predictability. certain investment protections, such as the
Leone. Iron ore has since taken its place, right not to be deprived of one’s property,
Foreign aid: The country remains largely described further below. There are
accounting for 55.7 per cent. of total
dependent on foreign aid. The current numerous provisions that uphold the
exports in 2013. The mining sector
account deficit was estimated to be separation of powers between the
accounts for roughly 90 per cent. of annual
US$511.8 million in 2013 and US$466.9 legislative, executive and judicial branches
export revenues. At the time of publication,
million in 2014. The deficit is projected to of government.
Sierra Leone’s exports are worth
be US$582 million for 2015.
approximately US$765 million, of which The Supreme Court has power to rule on
mineral resources account for Sierra Leone benefits from the support of all matters relating to the interpretation of
approximately 75 per cent., followed various international agencies, including the Constitution and in relation to any
closely by cocoa (8.5 per cent.) and coffee. the United Nations Development question concerning whether Parliament,
Sierra Leone’s main imports are machinery Programme (UNDP), the World Bank, and or any other authority, has exceeded its
and transport equipment (largely relating to the UK Department for International powers. Parliamentary Committees also
mining and oil investment projects and Development (DFID). have a duty to investigate the activities and
accounting for approximately 50 per cent administration of the executive Ministries.
of total imports) and fuel (10 per cent). The Governance
Bank of Sierra Leone expects exports to The GoSL is led by a President elected
Transparency and Accountability
decrease in the short term and level out in directly by the people and who is also the Sierra Leone is a party to the UN
the medium term, and for imports to Head of State and Commander-in-Chief of Convention Against Corruption.
increase. the armed forces. Domestically, the Anti-Corruption
Commission (ACC), established under the
History & politics: Sierra Leone gained Within the GoSL, the Ministry of Trade and Anti-Corruption Act of 2000, as amended
independence from Britain in 1961. From Industry has oversight of policies relating in 2008, is the body responsible for
1961 to 1998 the political system shifted to domestic and international trade. investigating allegations of, and educating
between multi-party democracy, military SLIEPA is responsible for policies to the public on, corruption.
rule and one-party rule. Sierra Leone has improve the investment climate, promote
remained a multi-party democracy since local and export trade and encourage the Sierra Leone scored 3.0 out of 6.0 for
1998. The country emerged from a development of small-to-medium-sized transparency, accountability, and corruption
decade-long civil war in 2002. businesses. SLIEPA has thus far focused in the public sector ratings (where 1.0
on FDI in key economic sectors including indicates low transparency levels and 6.0
The Constitution recognises three high transparency levels) on the World
branches of government: legislative, agriculture, marine resources, mining,
energy and tourism sectors. Bank’s 2014 Country Policy and
executive and judicial. Parliamentary terms International Assessment. In the same
last for five years and the President may A system of local government was year, Sierra Leone ranked 119 out of 175
not serve for more than two terms, whether established by the Local Government Act in Transparency International’s Corruption
or not those terms are consecutive. 2004. It comprises 19 councils: five city Perceptions Index (CPI), with a score of
The current President, Ernest Bai Koroma councils, one municipal council and 13 31/100.
of the All People’s Congress Party, is district councils. The Decentralization
serving his second term, having been Secretariat was established under the
re-elected in 2012 (winning 58.7 per cent. World Bank’s Institutional Reform and
of votes). His party also holds 67 of the Capacity Building Project to promote
112 nationally-elected seats. 12 additional decentralisation.
seats are filled in separate elections by
paramount chiefs. A total of ten parties
took part in the 2012 elections, which were
peaceful and transparent. The next
elections are due to be held in early 2018.
The Constitution, as currently drafted, does
Introduction Part I Part II Part III Looking to the Future

13

While there is still work to be done, success of its independent operations is Human rights concerns have been identified
Sierra Leone is heading in the right reflected in the real-time audit it conducted in a number of areas, including in relation to
direction, with a key outcome in the during the Ebola crisis. gender equality and rights relating to sexual
GoSL’s Justice Sector Reform Strategy orientation, labour rights and land
In 2013, the Right to Access Information
and Investment Policy (JSRSIP III) for acquisition, along with sector-specific
Act was implemented providing access to
2015-2018 being the strengthening of concerns such as mining conditions.
information held by public bodies. The
anti-corruption institutions and However steps have been taken to enhance
GoSL has built on this, announcing the
mechanisms. It is encouraging that Sierra human rights protection, with steady
launch of an Open Data Portal in May
Leone has seen a consistent improvement improvement being seen since the civil war
2015. The Portal will make available
in its CPI ranking over the past six years. ended in 2002, including through the
information on economic recovery and
The 2014 Index put Sierra Leone ahead of establishment of the Sierra Leone Human
public services as well as open contracting
21 other sub-Saharan African countries, Rights Commission (the HR Commission)
data, budget data and data on
including common investment destinations in 2004 with a mandate to protect and
development assistance.
such as Nigeria and Kenya. On a global promote human rights across the country.
level, Sierra Leone’s ranking surpasses A medium-term Public Finance The Commission is accredited by the UN’s
many other emerging investment markets. Management Reform Strategy has Office of the High Commissioner for
been developed for the period 2015- Human Rights and has been active in
Sierra Leone has made significant efforts
2017 to improve the credibility and investigating human rights concerns. The
to regulate the procurement process to
transparency of fiscal and budget HR Commission advises the GoSL on draft
ensure transparency and accountability in
management under the new Public legislation which may have an impact on
public procurement. The National Public
Financial Management Improvement human rights. It has also played an active
Procurement Authority (NPPA), which was
and Consolidation Project, funded by role in the constitutional review process
established under the Public Procurement
the GoSL and the Multi-Donor Budget launched in July 2013. Individuals may
Act of 2004, is mandated with the task of
Support Partnership (made up of the report concerns of human rights violations
overseeing and monitoring procurement
World Bank, European Union (EU), directly to the HR Commission.
across MDAs and local councils, building
DFID and the African Development
capacity and assisting with policy In 2013, following a public inquiry into
Bank (AfDB)).
formulation. The NPPA has made human rights concerns, the HR
significant reforms to the public Commission partnered with human rights
procurement system, creating regulations
Business and Human Rights institutions in Denmark and Ireland to
to support the implementation of the Sierra Leone is party to numerous develop Guidelines for Monitoring Human
Public Procurement Act, developing international and regional human rights Rights and Business in Sierra Leone.
user-friendly manuals for compliance with treaties which may be relevant in a The Guidelines are intended to be used by
the regulations, and producing standard commercial context, including the the GoSL, district human rights
bidding documents and requests for International Covenant on Civil and Political commissions and civil society to promote
proposals. The NPPA does not have Rights, the International Covenant on respect for human rights in business
enforcement powers however it can refer Economic, Social and Cultural Rights, the activities. The HR Commission is preparing
any cases of non-compliance with Convention Against Torture and Other the country’s report to the UN Human
procurement laws to the ACC. Cruel, Inhuman and Degrading Treatment Rights Council’s Universal Periodic Review,
or Punishment, the Convention on the which is due to be submitted in October
Sierra Leone’s Audit Service, established Elimination of All Forms of Discrimination 2015.
in 1998, works to ensure greater against Women, and the African Charter
accountability, efficiency and effectiveness on Human and Peoples’ Rights. Chapter III
in the distribution and use of public funds. of the Constitution concerns the
In 2014, the Audit Service had its mandate “Recognition and Protection of
to audit and report on all public accounts Fundamental Human Rights and Freedoms
extended. Its remit covers all public bodies of the Individual.”
including central and local government and
the judiciary. The Audit Service has the
power to disallow unlawful expenditure and
recover monies due through litigation. The
14

In addition, the National Commission for The FTCC was established in 2010 with Sierra Leone has a dualist system and as
Social Action has been active in promoting the aim of reducing the time taken to such international law is not directly
the rights of those with disabilities in Sierra resolve commercial disputes. The applicable domestically. It must first be
Leone, providing rehabilitation grants to efficiency of the new Court has also been translated into national legislation before it
over one thousand conflict victims, impeded by the Ebola crisis. The first can be applied by the national courts.
including amputees. Legislative reforms full-time FTCC judge was appointed in
include the Persons with Disability Act April 2015 and the process is under way to Arbitration
2011, which transposed the Convention on appoint a second. Judges from other Express contract terms providing for the
the Rights of Persons with Disabilities into divisions of the High Court and Court of final settlement of disputes through
domestic law, gender justice laws and the Appeal split their time between those arbitration will be enforceable. The High
Child Rights Act 2007. courts and the FTCC. Court will generally stay proceedings
where there is a valid arbitration
Foreign investors can access the court
Dispute Resolution agreement. In practice, this is only done
system, although it has also been criticised where the clause does not (explicitly or
Law and Courts as potentially subject to financial and implicitly) exclude the jurisdiction of the
Sierra Leone has a two-tiered legal system political influence. The GoSL’s JSRSIP III Sierra Leonean High Court.
based on the English common law model. sets out various planned system reforms to
Outside of Freetown and the Western increase the efficiency of the court system. Sierra Leone is currently not a party to the
Area, local customary law also applies. The The EU, UNDP, Ireland, Japan and the UK New York Convention on the Recognition
court system comprises of two levels, the are also supporting judicial reform projects and Enforcement of Foreign Arbitral
Superior Courts (High Court, Court of in Sierra Leone with a similar objective. Awards (the New York Convention).
Appeal and Supreme Court) and the Lower However, acceding to the New York
The judiciary is headed by the Chief convention has been identified as a
Courts Magistrates Court and Local
Justice, who, along with other judges of national priority under the JSRSIP III. It is
Courts. The High Court houses a number
the Superior Courts, is appointed by the thought this will be implemented in the
of different divisions, including the Fast
President on the advice of the Judicial and near future.
Track Commercial Court (FTCC). The
Legal Services Commission. Each
Court of Appeal deals with appeals from Although Sierra Leone is not party to the
appointment is subject to Parliamentary
the High Court. The Supreme Court is the New York Convention, under the national
approval. Before appointment, judges must
country’s final appeal court. legislative framework awards in arbitrations
have been entitled to practise as counsel
Civil proceedings are normally commenced in Sierra Leone (or a country with an situated outside of Sierra Leone can be
by a writ of summons or originating analogous legal system) for 10, 15 or registered with the High Court and may
summons filed together with a statement 20 years for the High Court, Court of then be enforced as if they were
of claim at the High Court or District Appeal and Supreme Court respectively. judgments of the High Court of Sierra
Registry. The length of time between Leone, subject to the permission of the
issuance of a writ of summons and the Foreign Judgments and court. Investors should note that the Court
start of a trial can take up to three months Foreign Law may refuse to register arbitral awards in
and the length of time from trial to final The Sierra Leonean courts recognise limited circumstances such as fraud,
judgment can extend to over a year. foreign judgments emanating from a insufficient notice, or where enforcement
Proceedings often advance at a slow pace jurisdiction which shares a bilateral or would be contrary to public policy.
due to frequent adjournments and reciprocal enforcement treaty with Sierra
procedural issues. The Ebola outbreak has Leone. UK judgments benefit from such an
caused further delays within the machinery agreement for instance. In order to enforce
of justice, leading to an increase in the a foreign judgment in Sierra Leone, a party
already substantial backlog of cases. must apply (with supporting evidence) to
the High Court for registration of the
judgment. Judgment debtors are entitled to
apply to set aside the registration.
Introduction Part I Part II Part III Looking to the Future

15

Finance and Banking The Bank of Sierra Leone conducts weekly Interest rates for commercial loans are
foreign exchange auctions but limits the relatively high. In November 2014, the
Banking Facilities
amount a single bidder can purchase to GoSL enacted the Borrowers and Lenders
Sierra Leone’s banking system is overseen US$100,000 (US$ is currently the only Act, which applies to security interests in
by its central bank, the Bank of Sierra currency offered at these auctions). Only movable property, establishing the
Leone. Thirteen commercial banks operate commercial banks operating in the country framework for lenders to register charges
in the country, including one regional and are entitled to take part and foreign on the borrowers’ moveable assets. The
one domestic bank as well as seven currency purchased through the auction legislation provides for priority by date of
Nigerian, two pan-African and two must be used for imports of goods. registration and contains provisions in
State-owned banks. The two largest relation to the enforcement of such
commercial banks in terms of customers Access to Credit collateral. It should be noted that the Act’s
and assets are the Sierra Leone The World Bank’s 2015 Global Report on scope appears to be limited to “lenders”,
Commercial Bank and Rokel Commercial Doing Business ranked Sierra Leone at which are defined as commercial banks or
Bank. 151 out of 189 economies for “getting other financial institutions licensed by the
All commercial banks are headquartered in credit”. The regional average for the rest of Bank of Sierra Leone. The framework
Freetown. Accounts can be held in foreign sub-Saharan Africa was 122. The category established by the Act brings structure to
and domestic currencies. Automated teller was assessed by reference to (a) movable an area which to date has been unclear. It
machines (ATMs) are available. Credit collateral laws (that is the strength of legal is hoped the Act will improve access to
cards are not widely used owing to poor rights of borrowers and lenders in secured finance and provide lenders with the
connectivity. Transfers of over US$10,000 transactions) and (b) credit information confidence that their collateral over
in value must be sent through the banking systems (the sharing of credit information). movables has a solid legal framework
system with the objective of ensuring In terms of specific scores on the strength supporting it.
transparency. of legal rights, Sierra Leone ranked above To support small and medium enterprises
Banks cannot lend in foreign currencies, regional comparators such as the Gambia (SMEs) in Sierra Leone, the Ministry of
which is a limitation on local business and Liberia, but sat below Nigeria, Kenya Trade and Industry has introduced an SME
expansion. This can in turn impact the and Rwanda among others. Higher scores Policy, which facilitates access to credit
supply chains of large foreign-run on strength of legal rights indicate that and provides subsidies and incentives
businesses. collateral and bankruptcy laws are better (such as a special interest rate) for SMEs.
designed to facilitate access to credit.
Foreign Exchange Along with 33 other countries, Sierra Taking Security
Currency can be freely converted in Sierra Leone’s score for access to credit Security by way of fixed or floating charge
Leone, subject to its availability. The Leone information is zero. Although the Credit can be taken over any class of assets,
is not pegged to a foreign currency and Reference Act 2011 (CRA) does provide including land, receivables, cash and
has a floating exchange rate. Exchange the legislative framework for the Bank of shares. The charge and instrument must
rates were fairly flat in Q1 2014, trading at Sierra Leone to operate an interim Credit be registered with the Corporate Affairs
an average of USD/SLL 4360, but started Reference Bureau Unit, where such units Commission within 21 days of the date of
rising in Q2 2014 largely due to the impact are not operational or cover less than 5 per its creation. There are few restrictions on
of Ebola and challenges in the mining cent. of the adult population on the depth the timing and value of enforcement of
sector. The depreciation peaked in of credit information, the World Bank security. However, there is no guarantee
November with an average rate of USD/ Report scores the country at zero for this that secured creditors will be paid first, and
SLL 5050, representing almost 16 per category. The World Bank report does not a creditor cannot enforce against an
cent. year-on-year depreciation. Since then cover access to credit more generally. insolvent debtor without the court’s
marginal appreciation has been seen, with permission. Insolvency proceedings can be
trading at an average rate of around 4870 resolved expeditiously through the FTCC.
at end May 2015.
16

Following amendments to the Companies The Intergovernmental Action Group “protecting minority investors” (62),
Act in 2014, there are also generally few Against Money Laundering in West Africa, where it was ranked above many
restrictions on foreign companies (i.e. established by ECOWAS in 2000, which developing country markets in sub-
those not registered to do business in works towards the development of AML Saharan Africa as well as other emerging
Sierra Leone) to prevent them from strategies in the region, last reported on investment markets outside of the region,
enforcing contractual obligations in the Sierra Leone in 2013 (the 9th follow-up to such as China and Russia. Lower rankings
courts of Sierra Leone, for example in the 2006 Mutual Evaluation). Its report included infrastructure-related criteria,
terms of foreclosure. highlighted the progress made by the such as “getting electricity” (172) and
enactment of the Anti-Money Laundering “registering property” (158).
The GoSL continues to enact reforms to
and Combating of Financing of Terrorism
strengthen the market for security, expanding At the domestic level, there are few
Act 2012 and increased domestic
permissible security to include both future specific restrictions, controls, fees or taxes
cooperation in investigating transnational
assets and replacements for already secured on foreign ownership of companies in
organised crime, including money
assets, and establishing a public credit Sierra Leone. Foreign companies can own
laundering. The Report also identified
registry to facilitate lenders’ credit checks. Sierra Leonean companies (including
challenges that still remain in terms of
outright) subject to certain registration
Anti-Money Laundering supervision of AML compliance and the
formalities being completed.
Sierra Leone is not on the Financial Action resourcing of the FIU.
Taskforce list of countries suffering from An exception to this general rule applies to
strategic deficiencies in Anti-Money Investing in Sierra Leone investments in mining of less than
Laundering (AML) provisions, but was In its Post-Ebola Recovery Strategy, the US$500,000, which require a Sierra
identified as a jurisdiction of concern in the GoSL sets out its objectives for restoring Leonean holding of 25 per cent. Foreign
United States (US) Department of State and strengthening trade and private sector and domestic investors are treated the
2014 International Narcotics Control activities. These are to: (i) increase the same under the law regulating this area.
Strategy Report due to a combination of its capacity of the professional wing of the Investors can also use foreign technical
position as a strategic sea port and a lack Ministry of Trade and Industry and its role and unskilled workers in their businesses
of restrictive border controls. in coordinating all trade and business situated in Sierra Leone.
matters across the economy; (ii) make As mentioned above, SLIEPA provides
The GoSL enacted the Anti-Money SLIEPA more functional and proactive in
Laundering and Combating of Financing of investors with information on how to
the promotion of investment and export register their businesses and assists with
Terrorism Act in 2012, criminalising terrorist opportunities; (iii) reduce interest rates to
financing (and the failure to report such obtaining relevant licenses and permits. To
promote agriculture and small-scale this end, the GoSL has established a “one
financing), introducing AML compliance business operations and the general
requirements such as “Know Your stop shop” at the Office of the
development of the private sector; and (iv) Administrator and Registrar General
Customer” and other verification checks, promote public private partnerships (PPPs)
and imposing record-keeping requirements. (OARG).
in the provision of public services.
The Act also establishes the Financial Investors should note that some practical
Lack of Restrictions restrictions are reported to exist in relation
Intelligence Unit (FIU), which has wide
investigatory powers in respect of money In 2015 the country ranked 140 out of to registering transfers of shares.
laundering and suspicious transactions. 189 countries in the World Bank’s Difficulties with this process have been
The Regulation on Terrorism Prevention “ease of doing business” review. The expressed by foreign investors in the past,
(Freezing of International Terrorists’ Funds review places Sierra Leone above the however the changes brought in by the
and other Related Measures), which deals average ranking for sub-Saharan 2014 amendment to the Companies Act
with the freezing of funds in accordance Africa, coming below only Ghana and have now clarified the authority of the
with UN Security Council Resolutions Kenya in terms of regulatory practice to Corporate Affairs Commission to register
1267 and 1373 awaits parliamentary best performance, and ranking above share transfers.
approval at the time of publication of this neighbouring Senegal, Guinea and Liberia.
Investor Guide. Revised guidelines on Much higher than its overall ranking
preventing money laundering and terrorist were Sierra Leone’s rankings in the
financing for both financial and non- categories of “starting a business” (91),
financial institutions have been issued by where it ranked above Ghana (96), Nigeria
the FIU and Bank of Sierra Leone. (129) and Indonesia (155); and
Introduction Part I Part II Part III Looking to the Future

17

Insurance Investment Context


Two World Bank affiliated risk insurance Taxation
agencies operate in Sierra Leone: the 2015 Tax rates:
African Trade Insurance Agency and the
Multilateral Investment Guarantee Agency. Corporation tax Resident companies Non-resident companies
Both agencies provide various kinds of
insurance (including against political risk) Basic rate 30 per cent 30 per cent
to investors, suppliers and lenders. Mining companies 30 per cent 30 per cent
Land Ownership Capital gains 30 per cent 30 per cent
Foreign investors cannot own land outright (Subject to a minimum (Subject to a minimum
in Sierra Leone but can take leases for chargeable threshold of chargeable threshold of
terms of up to 99 years. Further details on Le3.6 million (US$829) per Le3.6 million (US$829) per
the land regime can be found in Part I of annum or per transaction) annum or per transaction)
this Investor Guide. Goods and 15 per cent 15 per cent
Repatriation of Profits Services Tax (Subject to exemptions for (Subject to exemptions for
After the payment of taxes, profits earned exports of goods (excluding exports of goods (excluding
by foreign investors may be freely minerals) stores on vessels and minerals) stores on vessels
transferred abroad. This includes dividends aircraft leaving Sierra Leone and aircraft leaving Sierra
paid to a parent company incorporated and various exempt supplies2; Leone and various exempt
outside Sierra Leone. Investors are also and for businesses with an supplies; and for businesses
able freely to repatriate funds received annual turnover of less than with an annual turnover of
from the liquidation of a business and Le350 million (US$82,000)) less than Le350 million
awards from the settlement of disputes. (US$82,000))
Transfers of repayments of principal and Rental income 10 per cent 25 per cent
interest on arm’s length third party loans (Subject to an allowance of (Final tax for non-resident
contracted outside Sierra Leone and 20 per cent for repairs and companies)
registered with the Bank of Sierra Leone maintenance and a tax free
are also allowed without restriction, subject threshold of Le3.6 million
to the payment of any withholding tax due. (US$829)
Expropriation Dividends 0 per cent 10 per cent
There is no history of expropriation of (Dividends received by a (Final tax for non-resident
property belonging to foreign investors in resident company from another companies)
Sierra Leone and the law provides resident company are exempt
protection against it taking place (see from tax)
Part I for further details). Interest 15 per cent 15 per cent
Technology Transfer (Interest on government (Final tax for non-resident
There are no technology transfer development stocks is exempt companies)
requirements applicable to foreign from tax)
investments in Sierra Leone. Investors are Royalties 25 per cent 25 per cent
not required to invest in manufacturing, (Final tax for non-resident
research and development, or service companies)
facilities in Sierra Leone in order to secure Natural resource 25 per cent 25 per cent
approval for major procurements. payments
Payments to 5 per cent 10 per cent
contractors

2 Exempt supplies include fertilisers, water, books and newspapers, education, pharmaceuticals, some
passenger transport, crude oil and hydrocarbon products, land, buildings, public works and machinery.
18

Visas With the support of the EU, AfDB and the In 2008, President Koroma established the
Visa requirements applicable to foreign World Bank, SLIEPA held its first public- Office of Diaspora Affairs (ODA) to
citizens vary depending on the purpose of private investor aftercare roundtable in respond to the need to build capacity
their travel. A “Landing Visa” is required for June 2014. In his keynote speech, within the GoSL Ministries, Departments
entry into Sierra Leone unless the individual President Koroma described the and Agencies (MDAs). Although the Ebola
concerned is a citizen of a country which is roundtable as a “platform for networking crisis has affected the return of talented
a member of the ECOWAS. Members and exchanging views on business and members of the diaspora to the country,
include Benin, Burkina Faso, Cape Verde, investment relations” to allow “local and such movement is likely to resume and
Côte d’ Ivoire, The Gambia, Ghana, Guinea, international private sector players to gain pace in the medium term.
Guinea Bissau, Liberia, Mali, Niger, Nigeria, advise government on how to improve the
Ebola-related Restrictions
Sierra Leone, Senegal and Togo. investment climate together”. President
Although some countries have relaxed
Koroma acknowledged the role and power
A work permit is required for foreign travel restrictions introduced in response to
of the private sector in the “sustainable
individuals who wish to work in Sierra the Ebola outbreak, many remain in place.
transformation of the country.”
Leone. Visas and work permits may be
At the time of publication, a number of
obtained from Sierra Leonean diplomatic Interaction with Local Communities
airlines are revisiting such restrictions with
missions abroad. Visas can also be Investors in large-scale and potentially
a view to reinstating their pre-Ebola flight
purchased at Lungi International Airport on disruptive investment projects should be
schedules. Restrictions and modifications
arrival, however it is advisable to obtain the aware of the impact their investment may
are reported to be increasingly relaxed as
relevant visa before travelling. have on local communities in the areas
the virus subsides.
affected. Foreign investors must be
GoSL Approach
sensitive to the tension that can arise in
A standardised approach to FDI has not
cases where the effect of the investment
yet been developed throughout GoSL.
on the local community involves, for
Currently, foreign investors may find
example, relocation, forced evacuation,
themselves dealing primarily or exclusively
land degradation, and lack of community
with a single ministry, which can present
benefit and community participation.
challenges for investors carrying out due
Consultation and engagement with local
diligence and cause delays where other
communities during the entire investment
ministries or stakeholders become involved
process (including before and after
at a later stage. The GoSL, through
implementation) in cases of large-scale
SLIEPA, is addressing these concerns by
investment is therefore key to building a
establishing an Investment Management
successful long-term investment and
Framework to evaluate and provide
avoiding tensions.
oversight of investment in the country.
Workforce
Dialogue between the GoSL and foreign
Many of Sierra Leone’s professional classes
investors is encouraged. SLIEPA provides
left the country during or as a consequence
“investor aftercare” to support established
of the civil war. However, a wide range of
investments and build long-term
organisations are working on developing
relationships with foreign investors in
Sierra Leone’s human resources.
Sierra Leone.
Introduction Part I Part II Part III Looking to the Future

19

Policy and the Legislative Positive steps taken to improve the Through its membership of the broader
Framework investment climate so far include the West African community, Sierra Leone has
enactment of the Companies Act 2009 concluded a number of international
Introduction to the Legal and the establishment of the FTCC (see agreements with the EU and the US.
Landscape Part I above) in 2010. The GoSL continues These agreements form part of a strategy
The GoSL’s poverty reduction strategy, the to take measures to address those to reduce barriers to trade and increase
A4P, superseded the Agenda for Change legislative and regulatory obstacles which flows of investment into West Africa,
in 2013. At its core is the vision for Sierra remain. For instance, the GoSL has signalling a more positive approach
Leone to become a “middle-income” included a dedicated commercial law and towards foreign investors from the EU and
country by 2035. justice pillar in its JSRSIP III. The strategy US. Examples include:
To achieve this, the A4P sets out eight key includes plans to strengthen institutional
>> Economic Partnership Agreements,
pillars which acknowledge the need to capacity, reform out-dated legislation such
which are trade and development
better manage the country’s natural as land and labour laws, and accede to
agreements negotiated between the EU
resources; improve the provision of relevant international instruments.
and African, Caribbean and Pacific
healthcare, power and water; and tackle This section of the Investor Guide provides regions. The EU has recently concluded
corruption. Private sector-led growth an overview of the laws and regulations an Economic Partnership Agreement
underpins the A4P’s key pillars and the that affect the entry into and success of with West Africa which covers trade in
GoSL openly states that it will work to FDI within the country and the GoSL’s goods and services (including provision
remove constraints in all sectors in order to legislative plans for the future. for further negotiations) and contains
encourage it. other investment and trade-related rules.
Entry and Establishment The signing process is ongoing at the
The 8 Pillars of the A4P International Context time of publication.
Pillar 1 – Diversified Economic Sierra Leone is a member of the World >> The US has signed a Trade and
Growth Trade Organisation (WTO). As described Investment Framework Agreement with
Pillar 2 – Managing Natural above in Part I, the GoSL encourages the ECOWAS. The US Government
Resources entry and establishment of FDI, however describes the Trade and Investment
Pillar 3 – Accelerating Human limitations on entry and establishment Framework Agreement as providing a
Development remain in the services sector. Sierra mechanism for expanding trade and
Pillar 4 – International Leone’s schedule in the WTO’s General investment both between the US and the
Competitiveness Agreement on Trade in Services (GATS) 15 ECOWAS member states, and also
Pillar 5 – Labour and Employment details the full list of restrictions3. These across the entire ECOWAS region.
Pillar 6 – Social Protection cover a range of professional services,
>> The US is currently exploring a potential
Pillar 7 – Governance and Public auxiliary transport, internal waterway and
framework trade agreement with the
Sector Reform rail transport and qualifications for
MRU.
Pillar 8 – Gender and Women’s establishing an insurance firm or a bank.
Empowerment Requirements imposed on foreign
investors in these sectors take various
forms and can include the establishment of
partnerships or joint ventures with Sierra
Leoneans, a minimum amount of assigned
capital (usually twice that of a local firm),
and a minimum number of years’
experience in the relevant business.

3 The full list of Sierra Leone’s restrictions is here: http://i-tip.wto.org/services/(S(wkjmgwtldq2sncoumvj1o4ps))/Search.aspx


20

Regional Context MRU countries Sierra Leone has double taxation


MRU nationals benefit from full treaties with South Africa, the UK and
equivalency or “national treatment”, Norway. There are plans to agree to
meaning that they are treated in the same further such treaties. Investors based in
way as Sierra Leone nationals and are not jurisdictions other than those with a double
subject to any of the restrictions found in taxation treaty will need to consider the
Sierra Leone’s schedule to the WTO’s potential for double taxation and may need
GATS. to rely on the tax rules of their own
Guinea
jurisdiction. Such investors should seek
With limited exceptions, “national specialist tax advice as to whether
treatment” is also generally granted to Sierra unilateral relief is available to them.
ECOWAS nationals. It should be noted that Leone
Côte d’Ivoire Multi-Lateral Agreements
the definition of “national treatment” has Liberia
not been formalised at a domestic level, so Sierra Leone is not a party to the New York
there may be some uncertainty as to its Convention. This means that enforcing
scope within the domestic legal framework. foreign arbitral awards in Sierra Leone is
neither straightforward nor certain.
Domestic Context Acceding to the New York Convention
The IPA is the foundation of the legal has been identified as a priority under
framework for foreign investment in Entry limitations apply to the maritime and the JSRSIP III. Those countries that are
Sierra Leone. airport services sectors preventing foreign party to the New York Convention are
persons or firms from holding licences for required to recognise and enforce arbitral
Under the IPA, the majority of business clearing or forwarding air or sea freight awards made in other New York
sectors are open to foreign ownership. cargo operations. At the time of Convention contracting states with very
Only a small number of industries are publication, these facilities are delivered limited and strictly construed exceptions.
subject to statutory ownership restrictions. directly by the GoSL through the Ministry For an international investor this would
As mentioned above, the main restrictions of Transport and Aviation. mean that arbitral awards rendered outside
on FDI into Sierra Leone lie in the services of Sierra Leone could be more easily
sector. Treatment and Protection of enforced within the country, and vice versa.
Foreign Investments
Sierra Leone is, however, party to the
International Context International Centre for Settlement of
Bilateral Relations Investment Disputes Convention (ICSID
Sierra Leone has three BITs: with Convention). Sierra Leone is therefore
Germany (1965); the UK (1981, revised able to use the processes established
ECOWAS countries in 2000); and China in (2001, not yet in under that Convention for arbitrating
force). These BITs contain standard investment disputes. It is also bound by the
investment protections such as national provisions relating to enforcement of ICSID
treatment, fair and equitable treatment and awards from other ICSID Convention
protection against unlawful expropriation. Contracting States. Until Sierra Leone
The Sierra Leone Ministry of Finance and accedes to the New York Convention, this
Economic Development and National offers a distinct advantage of ICSID
Revenue Authority are undertaking a arbitration over London Court of
review of these existing treaties. Kenya International Arbitration (LCIA) or
and Qatar have formally requested BITs International Chamber of Commerce (ICC)
with Sierra Leone, however these are on arbitrations, which (in the absence of
hold pending the outcome of the review. accession to the New York Convention) do
not have any security or certainty of
enforcement in Sierra Leone.
Introduction Part I Part II Part III Looking to the Future

21

Regional Context Key Legislation Affecting The Investment Management Framework


“National treatment” of ECOWAS member Businesses in Sierra Leone referenced in Part I of this Investor Guide,
will include an Investment Incentive Code
states is based on reciprocity. This covers Investment Incentives with the aim of streamlining tax and
the entry and establishment of investments Sierra Leone’s Income Tax Act 2000 and
and also how they are treated once non-tax incentives offered to foreign and
the multiple Finance Acts enacted since domestic investors. An inter-ministerial
established. 2010 contain various incentives to Investment Committee will also be
Sierra Leone is a member of the encourage private sector investment and established to examine investors’ eligibility
Organisation of Islamic Cooperation (OIC) promote the inflow of foreign capital and for exemptions and duty waivers.
which was established in 1969 and aims technology into Sierra Leone.
(among other things) to enhance and Company Law
These include income tax exemptions,
consolidate economic and trade links The Companies Act 2009 provides for the
deductions for income tax purposes, import
between Islamic states. The agreement for registration and incorporation of
duty exemptions and goods and services tax
the protection, promotion and guarantee of companies in Sierra Leone. The Act is
exemptions. Such incentives are contingent
investments among OIC member states extensive and includes provisions
on the satisfaction of relevant criteria
contains standard provisions on the governing a company’s formation, share
including the need to improve local content,
treatment of foreign investments and capital, meetings and directors’ powers and
which is explored in further detail below.
provides for disputes to be resolved duties. The Act created the Corporate
through conciliation or arbitration. General incentives include income tax relief Affairs Commission, which regulates the
on plant, machinery and equipment; a three establishment of new companies, enforces
Domestic Context year grace period on import duties for new compliance with procedural requirements,
Following the enactment of the IPA, the and existing businesses importing plants, and handles the incorporation and
GoSL implemented the Investment Code in machinery or equipment; lower import duty registration of companies in Sierra Leone.
2005 to protect companies investing in rates for raw materials; and 100 per cent.
Sierra Leone. Under the Code, the GoSL The Companies Act was amended in 2014
tax deductions for expenditure on research
is mandated to promote joint ventures to remove administrative barriers in the
and development, training, and the
and protect full foreign ownership. The process of incorporating companies in
development of social services (such as the
Code safeguards foreign investors against Sierra Leone, reduce the number of
building of schools and hospitals).
discriminatory economic policies and offences created by the Act and bolster
ensures that foreign ownership and control Sector-specific incentives have also been provisions on the extent of directors’
are not limited. implemented for investments in agriculture, liability and duties of disclosure.
energy, infrastructure, tourism and
Sierra Leone’s Constitution protects every Compliance with the Companies Act is
pharmaceuticals. These are outlined in the
person from “deprivation of property considered a priority in order to ensure a
relevant sections in Part II below.
without compensation.” This includes more detailed, comprehensive and
foreign and domestic private investors. The Additional incentives are provided to transparent companies register. The
Constitution sets out the limited Special Economic Zone (SEZ)s, including Corporate Affairs Commission has
circumstances in which expropriation can import and export duty exemptions, therefore been given a mandate to
take place, including circumstances where three-year corporate tax holidays and de-register any company that violates the
it is in the interests of defence, public expedited government services including 2009 Act.
safety and health or town and country customs, immigration and registration.
The Business Registration Act 2007 sets
planning; or to promote the public welfare The non-profit international development out the four steps that need to be taken to
of the citizens of Sierra Leone. The agency World Hope International has register a business in Sierra Leone. The
Constitution provides for the prompt established an SEZ near Sierra Leone’s World Bank has reported significant
payment of adequate compensation in the principal seaport in Freetown. The improvements in the procedure for
event of compulsory possession or GoSL is considering the establishment registering companies, with the time
acquisition of land. Further protections are of further SEZs in other parts of the taken for incorporation falling from
included under the IPA and Investment country under its Post-Ebola Recovery seven days to two or three days.
Code. At the date of publication, there are Strategy.
no records of expropriation having
occurred in Sierra Leone.
22

The Bankruptcy Act 2009 provides the The Customs Act outlines the power of the FDI incentives include the ability for
legal framework for declarations of Department of Customs to establish companies to carry forward tax losses
bankruptcy. Under the Act, an individual customs zones and ensure that all relevant in any given year and tax credits for
who cannot pay debts of a specified information is easily available to interested 100 per cent. of expenses relating to
amount may declare themselves bankrupt. parties. The Customs Act also gives research, development and training
The individual will then be disqualified from interested parties the ability to apply for an activities.
holding certain elective and public offices advance binding ruling on the tariff
and from practising any regulated classification and methods for the Labour
profession. The Bankruptcy Act also determination of origin and valuation. The Ministry of Labour and Social Security
includes provisions to encourage and is responsible for the regulation of the
Recent reforms have been designed to country’s labour market, but in reality most
assist ailing businesses to reorganise
encourage agricultural investment. employment in Sierra Leone is informal
instead of going straight into liquidation.
These include the introduction of a and unregulated. Employment law is
The Companies Act sets out the procedure three-year exemption on import duties in out-dated and in urgent need of reform.
for winding up a company. This can be respect of plant, machinery and equipment.
done voluntarily, by the court or subject to Raw materials also attract a reduced General employment law concepts such as
the supervision of the court. The import duty rate of 3 per cent. salary, holidays, redundancy and disputes
Bankruptcy Act sets out the circumstances are governed by the Regulations of Wages
As a part of the NRA’s “modernisation and Industrial Relations Act 1971 and the
in which a firm may be liable to have a
programme”, the Automated System for Employers and Employed Act 1960.
“bankruptcy petition” presented to it or a
Customs Data (ASYCUDA), a However, these statutes do not reflect
receiving order or “adjudication of
computerised customs management modern employment rights standards and
bankruptcy” made against it.
system covering most foreign trade as a result are often not applied. The laws
Imports and Exports procedures, transit and suspense on hiring and firing are particularly unclear.
As a member of the WTO, Sierra Leone’s procedures, was formally commissioned in The GoSL’s 2015 Budget includes an
“most-favoured-nation” (MFN) tariff rates 2010. ASYCUDA allows for direct trader allocation of Le 5.3 billion (US$1.2
are applied to other WTO Members. This input, increasing efficiency and lowering million) for the enforcement of labour
has not been affected by the recent clearance time. DFID has been providing regulations and a review of obsolete
implementation of the ECOWAS common assistance to the NRA to support Sierra laws with a view to reforming the
external tariff (CET), as the CET rates are Leone’s implementation of the legislative regime.
within Sierra Leone’s WTO binding modernisation programme, with a
particular focus on improving the NRA’s A national minimum wage of Le 500,000
commitments. Imports from other MRU
governance and organisational capacity, (US$115) per month was introduced in
states are duty free.
including in the Department of Customs. 2015. A number of additional employee
Customs clearance for imported goods protections exist under the legislation,
was simplified in the early 2000s. The Tax although their enforcement is questionable.
Customs Act 2011 further reformed import The main taxes affecting businesses in Sierra Leone’s National Social Security and
and export requirements, providing Sierra Leone are: taxes on corporate Insurance Trust (NASSIT) administers the
clarification to what was previously a profits and dividends; sales taxes; and country’s national pension scheme. This is a
complicated and time-consuming process. import and excise duties. Corporate defined benefit scheme and is compulsory
The Customs Act is administered by the income tax provisions are set out in the for all public and private sectors employees
Department of Customs on behalf of the Income Tax Act 2000 (as amended). The (but is voluntary for the self-employed). A
National Revenue Authority (NRA), headed Goods and Services Act 2009 (as valid NASSIT Social Security Clearance
by a Commissioner-General, and outlines amended) provides for a tax on the Certificate shows that all contributions due
requirements for imports and exports in consumption of goods and services within from the employer have been made. This
terms of reporting, transfer, origin and Sierra Leone. This tax replaced a number certificate is required before any employer
calculation of transfer value.4 of existing indirect taxes. The rates of tax can import, export or clear goods at a port;
for the current year are set out in the obtain a permit for the construction of any
annual Finance Act and the rates at the building; tender or be considered for any
time of publication are summarised in contract with a public institution; register
4 Customs valuation in Sierra Leone is broadly Part I of this Investor Guide.
based on the Agreement on Implementation of
Article VII of the WTO General Agreement on
Tariffs and Trade 1994.
Introduction Part I Part II Part III Looking to the Future

23

any document conferring title to land; leave Freetown and the Western Area It is possible to take out a mortgage in
the country (if they are a non-citizen); or Sierra Leone, although it is not common.
obtain a work permit for foreign employees. Securities are registered with the OARG in
Freetown. Registration involves the
In addition, the law requires foreign
payment of stamp duty, the rate of which
investors to apply for a self-employment
ranges from 1 per cent. to 12.5 per cent of
permit and foreign employees for a work
the loan amount, depending on the value
permit. The process of obtaining these
of the loan. A small registration fee must
permits is governed by multiple statutes
be paid to the OARG. Where funds for
and involves several GoSL ministries. To
repayment are to be repatriated, the
avoid any issues, work permit applications
relevant agreement should be registered
should be submitted six months in
with the Bank of Sierra Leone. Filing and
advance, and the permits are granted by
registration takes between 48 hours and
the Minister for Labour, taking into account
one week. Enforcement is through the
various statutory criteria which allow a
normal court process.
margin of discretion. Once permits are
issued they last for three years and must At the time of publication, the GoSL is
then be renewed annually. developing a National Land Policy
which, if implemented, would entail a
Statistics Sierra Leone conducted the first
dramatic overhaul and reform of the land
labour force survey (LFS) in over 30 years
tenure system in Sierra Leone. The Policy
in 2014 to collect information on Sierra
The current regulatory framework for land is expected to have a hugely positive
Leone’s labour market. The LFS largely
investments is underdeveloped. A lack of potential effect on foreign investment,
focused on primary occupation in three
transparency surrounding land deals has, bringing clarity in a number of areas.
main sectors: wage employment,
on occasion, led to protests and violence Plans include establishing a system of land
agricultural self-employment, and non-
and agribusiness ventures have title registration and the creation of an
agricultural household enterprises, with the
occasionally become mired in land tenure institution to set aside land for large-scale
aim of providing statistics to assist the
disputes or attracted accusations of investments.
GoSL in policy-making and development
planning. Preliminary results of the LFS at “land-grabbing”. Competition
the time of publication indicate that 65 per Sierra Leone has been ranked 113th in the The Ministry of Trade and Industry
cent. of the working-age population are in world for protection of property rights in oversees the regulation of anti-competitive
employment. Participation in the labour the World Economic Forum Global practices. At the time of publication, a
market is higher in rural areas, at around Competitiveness Report 2014-2015. “Competition Policy” and a “Consumer
69 per cent. compared to 54 per cent. in However, planned reforms are intended to Protection Policy” have been approved by
urban areas. The final LFS report is due to make the process of land acquisition by the Cabinet and a draft Bill implementing
be published in late July 2015. investors more transparent. these policies is due to be put before
Land Sierra Leone’s Parliament in late 2015. The
A freehold system operates in Freetown
2010 UNCTAD Investment Policy Review
There is an on-going and much-needed and the Western Area. A leasehold system
has identified areas deserving priority
land reform process under way in is in operation outside of those areas. The
consideration, including access for
Sierra Leone, supported by the World GoSL commonly takes a head lease on
operators in the mining sector to facilities
Bank. Sierra Leone welcomes foreign provincial land and sub-leases it to foreign
such as roads and railways that may be
investment in land, and the National investors. Foreign nationals may hold a
privately owned, and the competitive
Sustainable Agriculture Development Plan lease of up to 99 years. Under the
determination of prices in the operation of
is designed to attract foreign investment. customary land system, investors can lease
port services.
land by entering into a joint venture with
the local chief. The sale of public land is
prohibited at the time of publication
pending the reform of land tenure laws.
24

Although these policies have yet to be Intellectual Property (IP) Anti-Bribery and Corruption
finalised, it should be noted that a The Sierra Leone Intellectual Property The ACC has the power to investigate and
Committee under the Ministry of Trade and Organization currently deals with IP issues indict companies for corruption offences.
Industry has been mandated to oversee but there are plans to establish a
the implementation of the ECOWAS Trade The Anti-Corruption Act 2000, as
specialised IP division within the High
Liberalization Scheme (ETLS), which aims amended in 2008, applies in respect of
Court.
to ensure that goods can be circulated both domestic and foreign companies.
freely within the ECOWAS Free Trade Sierra Leone is a member of the World Facilitation payments are a criminal
Area. Intellectual Property Organisation (WIPO) offence for which the ACC can bring a
and the African Regional Intellectual prosecution, but such payments remain a
State-owned enterprises still exist in the Property Organisation (ARIPO), the problem particularly in relation to public
energy, water, transport, financial and common IP organisation for the English- procurement, tax and dispute settlement.
construction sectors, but they are subject speaking parts of Africa. As a member of Issues also remain at local levels as the
to largely the same terms and conditions WIPO, Sierra Leone must implement the Local Government Act 2004 does not
for market access and business operations WTO’s Agreement on Trade-Related provide sufficient clarity on the relationship
as private enterprises. Aspects of Intellectual Property Rights between tribal authorities and local
As part of its privatisation programme, in (TRIPS). councils. At the time of publication, a
2002 the GoSL established the National review of the Local Government Act is
The IP regime in place in Sierra Leone is
Commission for Privatisation (NCP) to act taking place.
basic and issues have been reported
as a shareholder on the GoSL’s behalf and concerning the enforcement of IP rights. In the 2015 Budget, Le4.2 billion (close
serve as a policy and decision-making The GoSL has been making efforts to to US$1 million) was allocated to the
body with respect to the privatisation of modernise the system, including working National Anti-Corruption Strategy with
state-owned enterprises. Among other with the International Centre for Trade and the aim of advancing the measures
things, the NCP is mandated to increase Sustainable Development, ARIPO and implemented in the Anti-Corruption
the participation of the private sector in Saana Consulting to develop a TRIPS- Act. The JSRSIP III also focuses on
state-owned enterprises. The NCP has compliant IP regime. Despite recent strengthening the ACC through the
expressed a commitment to attracting reforms to domestic IP legislation, the proposed establishment of an Anti-
private sector investment, in particular with enforcement of IP rights is still difficult due Corruption Court to fast-track cases
regard to infrastructure development to public sector capacity constraints and relating to corruption offences.
projects at the Sierra Leone Port Authority the fact that IP rights are generally not well
(SLPA), whose reform programme has As noted in Part I of this Investor Guide,
understood.
been supported by the World Bank. Sierra Leone has made progress on
The Patents and Industrial Designs Act Transparency International’s Corruption
The GoSL does not regulate prices aside 2012 allows for the direct national filing of Perception Index, climbing 39 places in the
from in the petroleum sector. Prices in this Patent Cooperation Treaty (PCT) rankings since the second Anti Corruption
sector are regulated by the Petroleum applications. An international application Act was passed in 2008. With the JSRSIP
Regulatory Agency established in 2013 by under the PCT is treated as a domestic III’s focus on this issue, it is hoped that this
the Petroleum (Exploration and one. The Copyright Act 2011 provides trend will continue.
Production) Act 2011. copyright protection for authors and
enshrines in statute rules concerning Environment
copyright eligibility, use, duration and An overhaul of environmental laws is under
vesting rights. Civil and criminal sanctions way. The Environmental Protection Agency
are imposed for breaches. Sierra Leone (EPA) was established by the
has not passed national legislation Environmental Protection Agency Act (the
implementing international agreements in EPA Act) in 2008. The EPA is undertaking
respect of trademarks, but the Trade Marks a complete review of Sierra Leone’s
Act 2014 provides that trademarks can be environmental laws under the auspices of
protected at the OARG. the EU funded Environmental Governance
and Mainstreaming project.
Introduction Part I Part II Part III Looking to the Future

25

Projects require an environmental, social, Local Content


and health impact assessment. The Local Content Unit
There is a move towards codifying the
bureaucratic process of adhering to these Local Content Policy, which was approved Core functions are to increase
requirements has caused project delays in in 2012 and requires a certain percentage employment for Sierra Leoneans;
the past. The requirements are based on of jobs in each sector to be held by improve value addition in all sectors
EU law and may therefore be familiar to nationals and the use of local suppliers of the economy; promote the use of
international investors. The EPA is where possible. A Local Content Unit has locally produced goods and services.
responsible for administering and enforcing already been set up by the Ministry of
these assessments, which are non-binding. Mandate is to ensure sufficient
Trade and Industry and the relevant
Enforcement action is rare and some linkages between FDI and the local
legislation is expected to be enacted by
projects have attracted controversy. economy.
the end of 2015. There are also certain
The Mines and Minerals Act 2009 local content requirements relating to Mission is to support private sector
introduces measures to reduce the harmful specific sectors as set out in Part II of this growth and development; create
effects of mining activities on the Investor Guide. sufficient linkage between FDI and
environment. Further details of these the local economy; and to improve
Corporate Social Responsibility performance and competitiveness
measures can be found in the Natural
Resources section of Part II of this Investor The A4P promotes Corporate Social among the Sierra Leonean workforce.
Guide. Responsibility (CSR) and the creation
of a CSR framework. There is significant
Sierra Leone has long had the Wildlife encouragement from the GoSL, civil
Conservation Act 1972 (WCA), which society and non-governmental
prohibits construction, quarrying, farming organisations (NGOs) for inward investors
and forest clearance in any designated to undertake CSR projects in Sierra Leone.
national park in Sierra Leone. More Both private and State-owned enterprises
recently, Sierra Leone has renewed its are increasingly running CSR programmes.
efforts to adopt international standards in Common activities include the sponsorship
forest conservation, renewable energy and of education programmes, community
climate change. In November 2014, the resource management and environmental
Ministry of Agriculture launched the sustainability initiatives.
National Protection Area Authority (NPAA)
and the Conservation Trust Fund to
support the enforcement of the WCA.
Sierra Leone partakes in the Reducing
Emission from Deforestation and Forest
Degradation (REDD+) initiative, which
aims to generate institutional, technical
and social capacity necessary for sound
forest governance, recognise the
importance of forests in relation to climate
change, and promote the use of renewable
energy.
26

Part II

Overview of Key Sectors

Part II of the Investor Guide sets out key points for investors,
including specific opportunities and challenges, relating to:
1. Energy;
2. Natural Resources: Mining and Petroleum;
3. Infrastructure: Water, Roads, Rail, Ports, Airports,
Telecommunications and Tourism;
4. Agriculture and Fisheries.

A holistic reform package is well


under way to address structural,
managerial, financial and network
bottlenecks, paving the way for
future investment.

Energy Increasing generation and improving


transmission and distribution continues
Sector in Perspective
to be a priority for the GoSL, which has
The country’s energy needs are hugely budgeted US$15 million for procurement
under-served and the lack of a reliable in the sector in 2015. A holistic reform
energy supply is the principal impediment package is well under way to address
to Sierra Leone’s development. Sierra structural, managerial, financial and
Leone currently has only 99.6 MW of network bottlenecks, paving the way for
installed power capacity for a population of future investment. To support this, donors
6 million, and electricity transmission and such as the World Bank, Japan’s
distribution network problems result in International Cooperation Agency (JICA)
losses of around 45 per cent. of generated and the Inter-American Development Bank
electricity. (IDB) have provided funding of over
The mining sector relies primarily on US$45 million for the national network
in-house captive generation to meet its upgrade and expansion.
large power demand and those not in the Positive steps have been taken in the
mining sector often use private generators. development of projects to increase
Estimates made in late 2013 suggest that generation capacity and the construction
around 33,000 diesel generators were in of new transmission and distribution lines
use in Sierra Leone at that time, providing to improve access to more reliable power.
a capacity of approximately 180 MW.
Off-grid power generation in 2012 totalled
approximately 260 MW.
Introduction Part I Part II Part III Looking to the Future

27

Legal and Regulatory Landscape The reformed sector continues to operate The renewables side of the sector remains a
The A4P recognises the various supply- under a “single-buyer” model, which promising growth area for the country. Sierra
side constraints in the country and the requires power produced by private parties Leone has significant hydropower potential.
negative impact these can have on to be sold to the national electricity In addition to the expansion of the Bumbuna
economic growth derived from other company (EGTC) or GoSL directly. The hydro-electric plant, the GoSL has identified
sectors such as mining and agriculture. In power is then sold on to the end consumer. up to 27 hydro power sites suitable for
line with the objectives set out in the A4P, development, with a total anticipated
The National Electricity Act enables the
the GoSL’s Energy Sector Strategy generation capacity of 1,513 MW. These
participation of independent power
aims to dramatically increase the include a large-scale project at Bikongor with
producers (IPPs) in power generation and
availability of predictable and generation potential of up to 200 MW and
distribution, and establishes a basis for
sustainable power in Sierra Leone and mini-hydro plants with a capacity of less than
power purchase agreements between
to diversify its power generation in 1 MW, which are expected to become a
relevant parties.
order to develop an energy mix that will major area for PPP and a means of widening
result in a tariff consumers can afford. As outlined further in the Infrastructure access to power in Sierra Leone.
section below, the GoSL established a
The regulatory framework is conducive to Solar power options also present attractive
PPP Unit in the Office of the President in
investment in the energy sector. A investment opportunities. Plans are in
2010. The Unit is mandated to provide
company may be wholly foreign-owned and place to capitalise on the estimated 2,180
coordination and transactional support to
specific incentives exist for investments in hours of sunshine Sierra Leone receives
the GoSL MDAs, including the Ministry of
what GoSL considers to be “pioneer a year. Plans include utility scale solar
Energy, across a range of potential PPPs.
industries”, such as solar energy. power generation projects in Bo, Fourah
The PPP Unit is developing a
Bay and at Njala University as well as
The Ministry of Energy has standardised power purchase
smaller-scale developments such as
implemented various reforms to agreement to simplify and expedite
solar-powered street lights in rural
improve governance and regulation and negotiations with investors in the
communities. At the time of publication, the
to encourage private sector energy sector.
evaluation process for phase II of the
participation and investment in line with Investor Highlights street light project, which involves the
the A4P. These are legislated for in the development of 50,000 solar-powered
Combined urban, industrial and regional
National Electricity Act and the Electricity street lights, has recently been completed.
demand in 2015 has been estimated at
and Water Regulatory Commission Act,
around 315 MW, with 187 MW of that The country’s burgeoning bio-fuels sector
both of which were introduced in 2011.
demand coming from the mining sector. has received increasing levels of FDI in
Reforms include winding-up the National Demand is projected to grow significantly recent years. The GoSL is exploring
Power Authority, unbundling the sector into in the near future. opportunities for developing small-scale
two separate state-owned companies – biomass for rural electrification and the
To meet this demand, the GoSL aims to
the Electricity Generation and potential use of biodiesel from palm oil or
increase generation from 99.6 MW to
Transmission Company (EGTC) and the ethanol for domestic consumption.
1,000 MW by 2018 through a range of
Electricity Distribution and Supply
new thermal, hydro, heavy fuel oil (HFO) A variety of other supply-side opportunities
Authority (EDSA) – and establishing a
and bio-mass projects, and to improve the including fossil-fuelled plants are also
regulator, the Electricity and Water
country’s overloaded transmission and being considered. In particular, the GoSL
Regulatory Commission (EWRC).
distribution networks. At the time of will be installing an additional 600 MW
publication, the GoSL has recently carried of thermal baseload capacity to expand
out an electricity tariff review with the aim access to electricity in provincial and
of promoting sustainable cost-recovery in district headquarter towns.
Power generation mw the power sector.

1,000.0

99.6

2015 2018
28

The establishment of a deepwater port In addition, the planned connection to the In addition, the current lack of data and
(see the Infrastructure section of Part II West African Power Pool (WAPP) 5 offers information (much of which was destroyed
below) should increase the viability of significant opportunities for trading energy during the civil war) makes it difficult to
these new generation projects through the with neighbouring countries. The GoSL is fully assess the risks and rewards for
availability of better fuel import facilities. also planning the establishment of feed-in investors in certain projects. The GoSL has
tariffs to harmonise the sale of power from acknowledged the need to improve data
A comprehensive transmission and
various IPPs into the WAPP and the collection and recording and has begun a
distribution network rehabilitation plan was
national grid. pilot programme at Bumbuna to monitor
launched in 2010 as part of a medium-
rainfall and river levels.
term investment programme. This Key Challenges
programme is part of a longer-term goal to The GoSL has taken steps to improve the
overhaul and expand the country’s aged regulation of the power sector, but the new
domestic transmission and distribution regulatory environment is still in its
network, and transform it into a national formative stages. The transition to
network. cost-reflective tariffs is important to
support GoSL’s ambitious plans for the
sector and to continue to build the EWRC’s
standing.

International Investor Case Study Addax Bioenergy has displayed a crisis. Nevertheless, Addax Bioenergy
Addax Bioenergy long-term commitment to its investment continues to view Sierra Leone as an
through measures intended to protect its attractive investment destination due to
The Ebola outbreak has put Addax
business and to mitigate the impact of its domestic and regional markets,
Bioenergy and its operations under
Ebola in the local community. Such a national commitment to learning and
significant stress. Throughout the crisis,
long-term perspective is particularly development, and the abundance of
Addax Bioenergy has taken a holistic
relevant in a country like Sierra Leone natural resources for agro-industrial
approach, implementing various
where there is high potential for growth investments. Moreover, there is evidence
emergency measures such as:
and significant opportunity for that the Government is now more
>> constructing two Ebola Isolation companies to enjoy returns on long-term committed than ever to attracting
Units and an Ebola Treatment Centre capital investments. international investment through its
in Makeni; focus on enabling private sector-led
A crisis such as the 2014 West African
growth in the post-crisis period.
>> working with the District Health Ebola outbreak is an extreme example of
Medical Teams to limit the risk of a number of challenges faced by About Addax Bioenergy
quarantined people using Addax investors in a developing country. Such Addax Bioenergy was formed by
Bioenergy buses and presenting challenges can be mitigated through the Geneva-based private investment group
themselves at work stations on-site; keen attention and close engagement of AOG in 2008 to develop a sustainable
committed investors. There are benefits investment model for bioenergy in Africa.
>> donating second-hand vehicles and
to businesses that take such a holistic Its sugar-cane based renewable energy
other equipment to the Government
approach to investing in challenging parts project produces bioethanol for export
and civil society organisations; and
of the world: a deep engagement and local markets in Sierra Leone as well
>> running awareness campaigns for facilitates effective recovery, promotes as renewable electricity for its own
its staff and the 52 villages in the mature societal development and creates operations and about 20 per cent. of the
project area. a more conducive investment environment. country’s power grid. Addax Bioenergy
employs over 5,000 Sierra Leoneans
Today, there are no patients in the Addax Difficulties, such as those relating to
(directly and indirectly) and has 52
Bioenergy Isolation Units or Treatment finding suitably-qualified staff and
community stakeholders in its business.
Centre, reflecting their success and the ensuring food security in operational
decline of the disease in the country at large. areas, have been exacerbated by the

5 A 525km energy network connecting Côte d’Ivoire, Liberia, Guinea and Sierra Leone and providing energy access to 115 communities within 5km of the line. Interconnection
with these countries is due to be completed in 2016. Connection to Burkina Faso, Ghana, Gambia, Guinea Bissau, Mali, Niger, Nigeria, Senegal and Togo will follow.
Introduction Part I Part II Part III Looking to the Future

29

International Investor Case Study the Ebola crisis on the ground has been role in the GoSL’s plans to bolster Sierra
CEC Africa SL Generation relatively limited. Nevertheless, the Leone’s healthcare infrastructure. The
consortium has focused on supporting project will also support growth by
CEC Africa SL Generation Limited (CEC)
healthcare services and treatment improving the reliability of power supply
is a recent investor in Sierra Leone.
centres during the outbreak, donating and reducing the need for expensive
Recognising the advances that Sierra
transformers to keep the power on diesel generators in Freetown. With the
Leone has made to facilitate investment
where it was needed most. availability of stable power, we expect an
in the country and given that Sierra
increase in industrial activity especially in
Leone had one of the highest levels of In CEC’s view, Sierra Leone presents a
the areas of smelting.
GDP growth in the world before the compelling case for investment. The
Ebola outbreak the country naturally Government is “business-friendly” and About CEC
presented attractive opportunities for recent reforms to the power sector are CEC is a consortium comprising CEC
CEC. The mining sector continues to be promising. Despite increased challenges Africa Investments Limited (subsidiary of
a key focus for the CEC Group and the in the short term, the business case for Copperbelt Energy Corporation, listed on
projected expansion of mining activity in growth remains. Sierra Leone has much the Lusaka stock exchange) and Abu
Sierra Leone gave good cause for CEC potential as a country with massive Dhabi-based TCQ Power. CEC is
to proceed with its investment. mineral reserves (particularly in bauxite, developing a US$220 million project for
iron ore and diamonds). With the the construction and operation of a 128
The power purchase agreement
country’s large water reserves and its MW heavy fuel oil power plant (as well as
governing CEC’s US$220 million
proximity to Europe we see large-scale associated distribution infrastructure) to
investment in the country was signed in
agricultural investments as an provide electricity to Freetown. Sierra
the spring of 2014. The project, which
opportunity. Leone’s Parliament ratified the power
consists of the construction and
purchase agreement between CEC and
operation of a 128 MW heavy fuel oil The development of a robust and
the GoSL in late May 2014. This project
power plant to provide electricity to effective healthcare system is largely
represents one of the largest private
Freetown, is still in the development dependent on access to electricity and
sector power investments in Sierra
stage. Given this, CEC’s involvement in CEC’s project will therefore play a critical
Leone to date.
30

Natural Resources: Mining and The most relevant of these licences for Surface Rights
Petroleum industrial projects are the exploration The holder of a large-scale mining licence
licence and the large-scale mining licence: will need to obtain a land lease or other
Sectors in Perspective rights to use the land on such terms (rent
Sierra Leone is a resource-rich country >> The exploration licence grants an
etc.) as agreed between the licence holder
with significant deposits of iron ore, exclusive right to explore for one or more
and the owner or lawful occupier of the
diamonds, bauxite, rutile and gold, as specified substances within the licensed
land. If an agreement cannot be reached
outlined in Part I of this Investor Guide. In area. The licence is valid for an initial
between the licence holder and the owner/
2013, before the drop in commodity prices period of up to four years over a
lawful occupier of the land, the Minister of
and the outbreak of Ebola, mining maximum area of 250 km2. Renewals
Mines shall determine the terms of use on
revenues (including licensing fees, are permitted, provided that the
the advice of the Advisory Board.
signature bonuses, royalties, income tax, maximum area over which the licence is
customs duties and other non-tax mining being renewed does not exceed 125 In any case, the Minister of Mines has the
revenues) accounted for approximately km2 and the extension granted under power to compulsorily acquire private land
US$110 million or 21.2 per cent. of Sierra the licence is for no more than three or rights over and under private land for
Leone’s NRA’s revenues. years in the first instance and two years use by the holder of a large-scale mining
in the second instance. licence. Before compulsory acquisition, the
Oil exploration in Sierra Leone dates back Minister of Mines must be satisfied that the
to the early 1960s. The first discovery, by >> The large-scale mining licence gives
licence holder has taken all reasonable
Anadarko, was made in 2009. Anadarko’s its holder an exclusive right to conduct
steps to acquire rights over the private land
second discovery followed in 2010. In exploration and mining operations within
in question. Upon compulsory acquisition,
2012, Tullow Oil found oil in the block it the licensed area and dispose of the
the Minister of Mines may, under terms he
shares with Anadarko and Repsol. These minerals to which the licence relates.
deems fit, permit the licence holder to use
discoveries have not yet resulted in Licences may be granted for an initial
the land, or exercise other rights upon the
commercial production, but each new find period of up to 25 years, with the
land, as may be required for the proper
creates greater interest in Sierra Leone’s possibility of subsequent renewals for
enjoyment of the licence.
offshore holdings and more potential periods of up to 15 years.
bidders for blocks. The rent agreed under the lease is
Both of the key licences mentioned above
distributed in the following proportions, as
Legal and Regulatory Landscape: are granted by the Minister of Mines and
fixed by the Mines Act: (i) land owners/
Mining Mineral Resources (the Minister of
lawful occupiers – 50 per cent.; (ii) District
Mines) on the recommendation of the
The key piece of legislation that governs the Council – 15 per cent.; (iii) Paramount Chiefs
Sierra Leone Minerals Advisory Board (the
mining sector in Sierra Leone is the Mines – 15 per cent.; (iv) Chiefdom Administration
Advisory Board). Such licences are
and Minerals Act 2009 (Mines Act). – 10 per cent.; and (v) Constituency
subject to an express right of the Minister
Investors should consider a number of key Development Fund – 10 per cent.
to suspend or cancel the licence if the
provisions under the Mines Act as follows.
holder fails to meet any prescribed The licence holder is required to pay fair
Licences minimum annual programmes of work or and reasonable compensation for any
The following mineral licences are available work expenditure. Licences are also disturbance of the rights of the owner or
in Sierra Leone: (i) the “reconnaissance transferable, subject to the approval of the occupier (such as the right to graze stock)
licence”, (ii) the exploration licence, (iii) the Minister of Mines (upon certification by the and for any damage to the land surface,
artisanal mining licence, (iv) the small- Advisory Board) and registration in the trees, buildings or works.
scale mining licence, and (v) the large- register of mining rights. Investors should
scale mining licence. For a company to be note that there are no specific “change of Distribution of rent under the Mines Act
granted mineral rights under the Mines Act control” provisions in the Mines Act which
it must be registered or incorporated in could impact a sale of shares by the
accordance with the Companies Act 2009. licence-holding company. Constituency
Development
Fund (10%)
Chiefdom
Administration (10%)
Oil discoveries timeline Land owners/lawful
occupiers (50%)
Andarko Andarko Tullow Oil Paramount
Chiefs (15%)

2009 2010 2011 2012 2013 2014 2015 District Council (15%)
Introduction Part I Part II Part III Looking to the Future

31

If the licence holder’s use of private land requirements may be familiar to Community and Local Content
requires the resettlement of the owner or international investors as they are based Under the Mines Act, holders of large-
occupier, the licence holder will be required on EU law. scale mining licences are obliged to enter
to pay resettlement costs as agreed with the into a community development agreement
A register of environmental impact
owners or lawful occupiers or by separate with the primary host local community
assessment licences is maintained, and all
agreement with the Minister of Mines. once certain production thresholds are
licensed projects are monitored by the
met. Community development agreements
The compulsory purchase and EPA. The EPA may enter and inspect
should address issues of significance such
compensation provisions are modelled on licensed premises, seize property, take
as educational scholarship, financial
English law and may therefore be familiar samples of substances and arrest persons
support, environmental and socio-
to international investors. who are suspected of committing an
economic management and local
offence under the EPA Act.
Recently, the Mines Act has been governance enhancement in the host
supplemented by the Mines and Minerals In addition, holders of large-scale mining community. Licence holders are required to
Operational Regulations 2013, which licences are required to provide financial spend no less than 1 per cent. of 1 per
contain requirements to be fulfilled by assurance (in the form of surety bonds, cent. of the gross revenue amount earned
licence holders in relation to surface, open trust funds with pay-in periods, insurance in the previous year in order to implement
pit and underground mining operations, policies, cash deposits or annuities) for the community development agreement.
reporting of mineral resources, health and potential environmental liabilities. They are
In addition, licence holders are required to
safety standards, waste disposal, as well also obliged to file regular environmental
give preference to materials and products
as explosives and blasting, including the management plans.
made in Sierra Leone and services
requirement to hold a blasting licence in
The Environment Protection (Mines and provided by companies located in Sierra
order to use explosives.
Minerals) Regulations 2013 create a Leone. Licence holders should prioritise
State Participation number of further obligations for licence the employment of Sierra Leonean workers
The GoSL has a right to acquire an interest holders in relation to the environmental possessing the necessary qualifications
in any large-scale mining operations under permit process, environmental standards, and experience as a priority.
terms agreed between the GoSL and the grievance mechanisms and mine closures.
The Sierra Leone National Carrier
licence holder. For instance, the GoSL The Regulations also provide helpful
Ratification Agreement Act of 2012 (the
currently has a 10 per cent. free carried guidance on the contents of environmental
SLNC Act) was passed in an effort to
interest in African Railway and Port impact assessment reports and
promote local content and the interests of
Services (ARPS), the subsidiary company environmental management plans. The
the Sierra Leone National Shipping
that runs the port and rail infrastructure at EPA has suspended operations where
Company (SLNSC). The SLNC Act requires
the Tonkolili iron ore mine, which was licence holders have failed to comply with
shippers that load or clear cargo for either
formerly run by African Minerals and is now environmental policies in the past.
export or import to obtain a “Certificate of
100 per cent. controlled by Shandong Iron
Health and Safety Compliance” from the Sierra Leone National
Ore Mining.
Licence holders are required to Carrier (SLNC), a joint venture set up
Environment conduct safe operations in their mines between SLNSC and Premuda, an Italian
The EPA Act provides that mining projects and must provide a healthy working shipping company. The SLNC Act also
may only be undertaken following the environment for their workers. Licence provides that SLNC has the right to ship at
preparation and approval of an holders must ensure that the mine is least 40 per cent. of all inbound and
environmental impact assessment and the commissioned, operated, maintained and outbound cargo at “prevailing market rates”.7
issuance of an environmental impact decommissioned in such a way that
assessment licence.6 As with the workers can perform their work without
compulsory purchase and compensation endangering their health and safety.
provisions relating to land, these

6 An environmental impact assessment licence is valid for 12 months, is renewable and may impose specific conditions in relation to the conduct of the project.
The EPA Act has, since its adoption, been supplemented in 2010 by the Sierra Leone Environmental Protection Agency (Environment Impact Assessment License)
Regulations and the Prohibition of Ozone Depleting Substances Regulations.
7 The 2012 version of the SLNC Act referred to “prevailing market rates together with a surcharge of ten per cent”, but the ten per cent. surcharge has been taken out
in the 2014 amendment. The SLNC Act provides that SLNC can enforce this right by “requesting that it is offered [a] forty per cent shareholding of the equity of any
company providing [cargo services] or by requesting that [it] is paid a commission by that company equal to four per cent of the estimated total consideration paid to
that company for the provision of [these] services”.
32

Some private investor stakeholders have candidate in 2008 and was declared to further periods not exceeding five years are
expressed concerns over these provisions, be “compliant” with the EITI standards possible under the Polishing Act.
which allow for the preferential treatment in 2014. Based on publicly available
The holder of a licence under the Polishing
of a national company at the expense of information, a draft EITI Bill is being
Act is entitled to buy, deal in, export, import
other shipping companies. Furthermore, prepared at the time of publication.
as well as, cut, polish, crush or set
these provisions do not take into
The National Minerals Agency (the NMA), diamonds for the purposes of business or
consideration the fact that shippers may
is a new semi-autonomous government trade. The Polishing Act requires the
have already entered into agreements with
agency which was established under the licence holder to ensure that all diamonds
other companies for the purposes of
National Minerals Agency Act 2012, in an cut and polished under the licence conform
shipping their goods and that penalties are
effort to promote effective governance of to international standards, and contains the
likely to be payable under those contracts
the mining sector. Its mandate is to usual provisions in relation to local content.
in order to terminate them.
“administer and enforce the [Mines Act],
Taxation any other acts related to the trade in Legal and Regulatory Landscape:
The GoSL has demonstrated significant minerals and related regulations and make Petroleum
flexibility in providing incentives to attract recommendations to the Minister [of Mines] Activity in Sierra Leone’s petroleum sector is
investment in the sector. The Mines Act for amendment and other improvements in still in the exploration phase. All exploration
contains provisions in relation to taxation [these] laws and regulations.” currently takes place offshore within 14
and royalties which must be read in blocks parcelled out of the country’s
The NMA is in charge of managing the maritime territory. As of 2013, three of these
conjunction with other relevant laws, such
Sierra Leone Online Repository System, an blocks remained unlicensed. The GoSL
as the Income Tax Act 2000, the Goods
online database created in January 2012 estimates that production could start in
and Services Tax Act 2009 and the
to enhance transparency and provide 2017, but there is uncertainty about the size
Customs Act 2011.
information on revenue data in relation to of the oil resources and whether extraction
Large-scale mining licence holders are the country’s extractive industry.8 is financially viable. Early estimates of
obliged to deliver certified copies of all Sierra Leone’s oil reserves range
Processing
“sales, management, commercial and other between 500-700 million barrels of oil.
In a bid to regulate the processing of
financial agreements in excess of fifty
diamonds in the country, Sierra Leone The main legislation governing petroleum
thousand United States Dollars or
enacted the Diamond Cutting and exploration and production activities in
equivalent concluded with any other
Polishing Act 2007 (the Polishing Act) to Sierra Leone is the Petroleum (Exploration
person, including affiliates” to the Sierra
provide for the control of diamond cutting and Production) Act 2011 (the Petroleum
Leonean tax authorities.
and polishing through the issue of licences. Act). The Petroleum Act sets out the
The fiscal regime associated with large- Accordingly, any person involved in cutting, licences required for carrying out activities
scale mining licences differs significantly polishing, crushing or setting diamonds for in the petroleum sector, and other
across companies. The degree to which the purpose of business or trade in Sierra obligations such as those in relation to
such differentiation is sustainable in the Leone is required to possess a diamond environmental protection, health and safety
long term remains to be seen. cutter and polisher’s licence issued by the of workers, and local participation.
Minister of Mines.
Transparency The rights that can be granted under the
In 2006, Sierra Leone joined the Extractive Once an application has been properly made Petroleum Act include (i) a
Industries Transparency Initiative (EITI), a under the Polishing Act, the Minister of “reconnaissance permit”, (ii) a petroleum
global standard to promote open and Mines may, upon the recommendation of the licence, and (iii) a permit for the laying and
accountable management of natural Director of Mines and the Gold and Diamond operation of pipelines.
resources by ensuring full disclosure of Department of the National Revenue
taxes and other payments made by oil, gas Authority, will grant the applicant a diamond Petroleum licences permit the licence
and mining companies to governments. cutter and polisher’s licence for a period of holder to explore for and produce
Sierra Leone was accepted as a up to five years. Subsequent renewals for petroleum. They can only be granted to

8 Copies of large-scale mining license agreements entered into by the GOSL have also been published on the website of the Ministry of Mines and Mineral Resources
(http://slminerals.org/contracts) and on the website of the National Minerals Agency (http://www.nma.gov.sl/index.php?l= english&p = 53&pn= Mining Agreements),
in line with the requirement under the Mines Act that the government shall “disseminate by way of publication or otherwise, records, reports or any information
concerning the revenue of the Government from the extractive industry, at least annually”. The websites of the Ministry of Mines and Mineral Resources and the
National Minerals Agency also contain a number of helpful forms and guidelines (http://slminerals.org/schedules and http://www.nma.gov.sl/index.
php?l= english&p = 42&pn= Mining Regulations). This is in line with EITI commitments taken by the GOSL.
Introduction Part I Part II Part III Looking to the Future

33

companies registered or incorporated in Export volumes have fluctuated in the last In seeking to promote transparency in its
Sierra Leone. Such licences are granted two decades, in a manner correlating extractives sector, Sierra Leone is looking
through a competitive bidding process for largely with the country’s political and to promote itself as a best-in-class arena
an initial exploration period of up to seven economic stability. Having contributed to for investment in extractives – something
years. If the licence holder proceeds with more than 20 per cent. of Sierra Leone’s which will be especially important as
the development and production phase, the GDP in the 1990s, the mining sector discoveries of offshore oil fields by African
petroleum licence may then be granted for suffered during the civil war, before Petroleum and Anadarko are developed.
a further period approved by the Minister of rebounding fourfold in the 2000s as
Energy. The licence cannot be transferred production normalised. The sector has Key Challenges
without the Minister of Energy’s approval. been heavily affected by the Ebola As described above, and as in the case of
outbreak, particularly due to travel any emerging economy, investors coming
Investor Highlights restrictions which made access to mining to Sierra Leone will need to address the
Despite its relatively small size, Sierra sites difficult or impossible. The effects key challenges of poor transport
Leone is widely recognized as a promising were compounded by a drop in commodity infrastructure, limited locally-manufactured
investor target for its extractives industry. prices. Production remains below Sierra inputs and a largely-unskilled labour force.
Sierra Leone has rich mineral deposits. Leone’s potential output and reserves These challenges present issues for the
The country is home to what is considered remain under-exploited. extractives sector including high
to be one of the world’s largest iron ore operational costs in some areas. As
deposits at African Minerals’ Tonkolili As mentioned, Sierra Leone has made outlined in the following section, the GoSL
mine, which contains an estimated 12.8 significant efforts to improve the integrity is implementing an extensive infrastructure
billion tonnes of iron ore deposits. Two of its mining sector to meet developed rehabilitation and construction programme,
other large mines in the country contain world standards. which will reduce some of these
a combined estimate of 1.75 billion constraints with time.
tonnes of iron ore deposits. Key developments that have improved
prospects in the Sierra Leone The greatest challenge of late has been
Sierra Leone is endowed with significant extractives industry include: the 2014 drop in commodity prices, which
bauxite reserves. The country’s Port Loko has had a global effect on investments in
deposit contains 100 million tonnes of >> the GoSL’s recognition of the the extractives sector. This has been
bauxite deposits and is strategically need to actively encourage new particularly damaging to Sierra Leone’s
located between the capital and one of the investment in the sector (given that economy due to the coinciding Ebola crisis.
country’s main ports, Port Pepel. In 2014, there was significant focus in the It remains to be seen what opportunities
Sierra Leone produced approximately 1 past on the re‑establishment of will arise in the sector as it returns to
per cent. of the world’s bauxite production. closed mines or the exploitation capacity.
of previously proven reserves);
The country is also home to the world’s
largest reserves of rutile (a high grade >> the adoption of detailed
titanium ore, used in the production of regulations, which provide more
paint and papers), producing an estimated predictability and certainty to
120,000 tonnes of contained titanium investors;
dioxide in 2014, which accounted for >> the introduction of the certificate
roughly 14 per cent of total world
of origin scheme and the
production in that year.
implementation of the Kimberley
Sierra Leone has significant reserves of Process, which has facilitated
gold and diamonds. In 2013 and 2014, a rapid resumption of diamond
Sierra Leone exported over 600,000 exports through official channels;
carats worth of diamonds. The country and
produced approximately 141 kg of gold in >> an increased political will to
terms of mine output in 2012 and 193 kg
improve transparency and
in 2014.
effectiveness in the governance of
the mining industry through the
NMA and ACC.
34

Infrastructure: Water, Roads, Rail, The objectives set out in the NWSP
Investors should note the following establish the need to: (1) regulate the use
Ports, Airports, Telecoms and
provisions under the PPP Act: of water and ensure that it is managed to
Tourism
>> with limited exceptions, PPPs are meet the needs of socio-economic
Sectors in Perspective development and the needs of the
required to be procured on a
The A4P sets out the GoSL’s commitment environment in a sustainable manner; (2)
competitive basis;
to rehabilitating and developing Sierra review existing laws on the grant of water
Leone’s infrastructure, which was badly >> all PPP Agreements are subject to rights, pollution control, catchment
damaged during the country’s decade-long an agreed review procedure, which management, and conflict resolution; and
civil war. Significant progress has been is carried out by the PPP Unit and (3) establish a Water Resources Council to
made through continued investment in the the statutory sector utility regulator regulate and manage the utilisation of the
creation of a national road network and the every five years on the basis of water resources for socioeconomic
development of the Freetown Port. overall performance, delivery of development and sustainability of the
service level and fulfilment of environment at national, river basin, district,
With the goal of presenting bankable
parties’ obligations; and community, and international levels.
projects to potential investors, the GoSL
has established a Project Preparation Fund >> in certain circumstances, MDAs The Ministry of Water Resources,
to finance competitively-sourced, have the right to take over a PPP established in 2013, is pursuing a number
independent feasibility studies for major project to ensure effective and of reforms to implement these objectives
priority infrastructure. uninterrupted delivery or timely and address the lack of a single legal
completion. regime for the sector. This includes
The GoSL does not have sufficient
resources to bridge the financing gap enacting legislation to support the two
between project cost and private finance utilities (Guma Valley Water Company
Water (GVWC), which supplies water in Freetown,
share for large-scale infrastructure
The GoSL’s objectives for the water sector and the Sierra Leone Water Company
projects. Inevitably, the question of GoSL
are contained the National Water and (SLWC), which supplies water to the rest
final guarantees is predominant. The GoSL
Sanitation Policy 2010 (NWSP) and the of the country) in their core mandate of
is looking to encourage private sector
A4P. The national target under the A4P delivering water supply services. In 2004,
participation, particularly in water,
is to achieve access to reliable potable the Local Government Act brought in
transport, health and telecoms projects.
water supply services for 74 per cent. measures to decentralise responsibility for
Legal and Regulatory Landscape of the population by 2017. Both the A4P the supply of water in rural areas although
Sierra Leone has adopted a number of and the NWSP express the need for implementation has been slow to date.
policies aimed at supporting growth, private sector involvement together with
effective indigenous participation in order Roads, Rail, Port and Airport Infrastructure
reducing poverty and closing the The A4P sets out the GoSL’s priority to
infrastructure gap. These include to achieve this goal.
rebuild and expand the country’s roads and
incentives for infrastructure projects There is currently no unified legal port infrastructure.
with development costs exceeding framework governing the management of
US$20 million, which are exempt Sierra Leone’s water resources. The nature The GoSL’s Transport Policy, Strategy &
from income taxes for 15 years from and extent of water rights depend on their Investment Plan 2013 establishes the
start-up. source (such as private land ownership, following objectives: maintaining
community trust or statutory title) and international connectivity, supporting
In order to meet the A4P’s objectives for regional integration, ensuring national
private sector-led growth, the GoSL different laws apply in Freetown and
outside in the provinces. Similarly, there is continuity and supporting key economic
enacted the PPP Act which established a sectors.
PPP Unit in the Office of the President. no clear legal framework for allocating
The PPP Unit is mandated to provide water rights. The out-dated – and soon to The strategy focuses on improving
coordination and transactional support to be replaced – Water (Control and Supply) transport service delivery by strengthening
the GoSL MDAs across a range of Act 1963 contains the requirement for public infrastructure providers such as the
potential PPPs. licences to be obtained but this has rarely Sierra Leone Road Authority (SLRA) and
been implemented. Road Maintenance Fund Administration,
encouraging private sector contracting,
developing user charging and improving
sector governance.
Introduction Part I Part II Part III Looking to the Future

35

Port activities are controlled by the SLPA Investor Highlights In rural communities, the GoSL is
and the maritime regulator, the Sierra Water developing community-supported water,
Leone Maritime Administration. The GoSL Although Sierra Leone has substantial sanitation and hygiene (WASH)
recently enacted the SLNC Act, water resources, the country faces a infrastructure projects to underpin
establishing the SLNCC (see the Natural number of challenges in this sector due to agribusiness investment opportunities.
Resources section of Part II). The impact dilapidated infrastructure, uneven Roads
of the SLNC Act on the use of private port distribution of rainfall across the country, Since 2008, close to 700 km of road
facilities remains to be seen. the seasonality of water availability and construction projects have been
Telecommunications limited capacity for water storage. Large implemented by the SLRA. This includes
The telecommunications sector was a parts of the system are in need of links to neighbouring Guinea and Liberia,
state-owned monopoly until the late rehabilitation in order to provide sufficient with the construction of the last 140 km of
1990s. It has been significantly liberalised service levels and there is a significant this highway due to commence in the
since the first mobile phone licences were divide between urban and rural areas and second half of 2015.
awarded in 1994. between wealthy and low-income
communities in terms of coverage. A further 3,700 km of road construction
Since 2002, it has been possible to obtain and/or maintenance will be
a “generalised licence” for the provision of Urbanisation in Sierra Leone exceeds the commissioned. Investment
telecommunications services, allowing current levels of urban water supply. At the opportunities include the construction
competition to grow rapidly in the industry. time of publication, the GVWC average and operation of toll roads, particularly
daily output in Freetown was 19 million for routes linking the international port with
The Telecommunications Act 2006 gallons per day against an estimated the sites of large mining companies. The
provided that all telecommunications demand of 35 million gallons per day. GoSL is also looking to develop a mass
operators must be licensed by telecoms
According to SLIEPA, 60 per cent. of transit system for the transport of persons
regulatory authority, the National
Sierra Leone’s population has access to and light cargo.
Telecommunications Commission
(NATCOM) before commencing operations. safe drinking water. Recent efforts to meet To create greater national connectivity
It was updated by the Telecommunications the A4P’s national target of 74 per cent. between hard-to-reach areas, markets
Act 2009 to give NATCOM increased access have been slowed by the Ebola and production areas in particular, the
powers to foster competition in the epidemic. To reach the national target in GoSL is identifying 1,000km of priority
information technology sector. the post-Ebola period, the GoSL is roads to upgrade and maintain,
expanding rehabilitation works on prioritising feeder roads that link farms to
The GoSL is developing an Electronic current infrastructure (including the markets. It is hoped that this project will
Transaction Policy and legal framework to water supply systems in Freetown, Bo, create much-needed, near-term
cover e-learning, e-health, e-agriculture Kenema and Makeni) and will construct employment opportunities in rural areas
and facilitate effective service delivery new infrastructure in order to increase during the post-Ebola period.
within MDAs. A Technical Working Group supply, improve transmission and
comprising key stakeholders within the distribution, and develop waste water The Road Maintenance Fund
GoSL are drafting the relevant policy with treatment facilities. There are significant Administration (RMFA), established in
the aim of increasing efficiency and opportunities for private sector involvement 2010 by an Act of Parliament, is mandated
transparency and reducing bureaucracy. in these projects. Existing investment to support the routine maintenance of
opportunities in the water sector include trunk and city roads, bridges and ferries
the development of new water dams in and the development of new trunk and
several of the major rivers in Sierra Leone feeder roads. There are numerous
to increase water supply and the expansion opportunities for private sector
of the GVWC dam. participation in road maintenance.
36

Ports A concession was awarded in 2012 to Tourism


Freetown boasts the largest deepwater China International Railway Group for the The development of physical and digital
natural harbour in Africa. development of a new airport at Mamamah. infrastructure will help to crystallise the
In addition, the GoSL plans to reconstruct potential for Sierra Leone to secure a
The existing Queen Elizabeth II (QE2)
small airstrips and helipads in key healthy share of sub-Saharan Africa’s
Freetown container port is currently
commercial centres and mining areas, to US$66 billion tourism market. Sierra
managed by Bolloré Africa Logistics under
enable light aircraft transport for certain Leone is home to diverse and rare
a 25-year concession agreement awarded
sectors. The old, disused Hastings Airfield wildlife, leafy highlands and beautiful
by the SLPA in 2010. The agreement
(19km southeast of Freetown) could cater sandy beaches along 360km of
includes plans to renovate the port’s bulk
for domestic and regional flights using light coastline. There are significant
handling terminal and expand its capacity.
aircraft, for instance. opportunities for eco-tourism. The
GoSL is also considering developing a “dry
opening of the five-star Radisson Blu in
port” to ease congestion at QE2 and Telecommunications
2014 was expected to boost the sector,
facilitate the transportation of containers As mentioned in the Introduction of this
however the Ebola crisis has significantly
destined for rural areas. Investor Guide, the ACE submarine
delayed growth in this area. Tourism is
cable, which extends from France to
To support the needs of the mining sector, expected to recover in the medium term
South Africa, finally linked to the Sierra
the GoSL plans to develop a new and the Hilton Worldwide’s development,
Leone network in February 2013. The
deepwater port and associated rail which is well under way, is expected to
connection was initially managed by a 100
infrastructure with the capacity to assist with this recovery.
per cent. GoSL owned special purpose
export between 30-50 million tonnes of
vehicle, Sierra Leone Cable Ltd. The GoSL The GoSL has identified the tourism sector
ore and other minerals each year. A
now plans to sell a majority stake in this as a top priority in the A4P. The Ministry of
pre-feasibility study to review options for
vehicle to the private sector. Tourism and Cultural Affairs is formulating
the new deepwater port was commissioned
a National Tourism Policy for the country
by the GoSL last year. The World Bank is This fibre-optic “super highway” has the
and terms of reference have been
carrying out the study as part of a project potential to meet the rising demand for
developed for a review of the outdated
to develop a “ports master plan” assessing voice and data services and could hugely
Tourism Act 1990. The GoSL is also
the need for the expansion of the Freetown improve the ease of doing business and
formulating a National Eco-Tourism Policy
Port and the feasibility of the proposed the provision of education and health
and is carrying out a “training needs
deepwater port. It is hoped that the study services in the country.
assessment” in the sector.
will also consider the potential for shared
The country will also benefit from the
use at the Tonkolili and Pepel ports. Incentives in the sector include an
ECOWAS fibre optic network (ECOWAN)
exemption from income tax for 5 years
Airport in due course. This project is on course for
from the commencement of operations
Transport options from Lungi International completion in 2016, following the award of
(for expenditure up to 150 per cent. of
Airport to Freetown (across Tagrin Bay) the tender for the construction of the
the original capital investment), duty
are currently limited to GoSL-operated network to Irish telecoms company KN
free imports for new construction,
ferries and a private boat service. A Network Services in 2014.
extension or renovation of existing
pre-feasibility study has been
The GoSL also recently terminated the tourism-related facilities, exemption
commissioned to establish the need for
international gateway monopoly, which had from payroll taxes for 3 years for up to
sustainable, integrated transport solutions
been enjoyed by the Sierra Leone six non-Sierra Leonean employees with
across the estuary and for potential water
Telecommunications Company skills not available in the country and a
taxi services along the Freetown coast.
(SIERRATEL) for almost ten years. The 125 per cent. deduction on tourism
liberalisation of the gateway will increase promotion expenses.
competition in the sector, which, it is
hoped, will lead to improved service
provision and reduced prices. NATCOM
has the mandate to put in place an
International Gateway Monitoring System
to oversee the country’s international
gateways going forward.
Introduction Part I Part II Part III Looking to the Future

37

International Investor Case Study >> the provision of a free home outreach While the Sierra Leonean operating
Solon Capital Partners program, where teachers delivered a environment is one of the more
catch-up curriculum to small study challenging in the world, we believe the
Solon Capital Partners (SCP) owns a
groups of children hosted in parent country has the capacity to transition to
portfolio of companies that operate
homes (teachers also promoted Ebola middle income over the course of the
across a range of sectors in West Africa,
awareness and prevention with next twenty years. The world over, we
including transportation, real estate and
information and implementation of have seen such transitions drive
construction, logistics, and affordable
regular hand washing and temperature exemplary returns on investment, and we
education. In 2014, the core clientele of
checking routines). believe that Sierra Leone will be no
these businesses in Sierra Leone were
different. In the meantime, we will
dramatically impacted by the outbreak of The period of the Ebola crisis has
continue to invest in our people, invest in
Ebola and declining commodity prices highlighted the risks of investing in a
our business infrastructure, and work
– as mines were shuttered, non-Ebola country like Sierra Leone. With such a
where we can to facilitate improvements
related NGOs evacuated their staff, and small economic base, exogenous events
in transparency and the climate for
schools were shut across Sierra Leone. – such as movements in global
investment.
Despite this precipitous drop in demand, commodity prices or a health crisis –
SCP companies remained active in can drive market volatility of seismic It is a commitment of both time and
country in order to assist in providing a proportions. But over the long term, money but ultimately a compellingly
range of essential services to the Ebola volatility can prove to be as much a commercial one; and, as such, one we
response effort, including: friend as foe. Ultimately, what is a more are more than happy to make.
telling indicator of future performance –
>> fleet management for Ebola response About Solon Capital Partners
the struggles of the Ebola crisis, or the
agencies operating across the country; Solon Capital Partners is an Africa-
decade of exemplary economic
focused investment and advisory firm
>> the refurbishment and construction of performance which preceded it?
based in Freetown, Sierra Leone. It
Emergency Operations Centres at
SCP is committed to Sierra Leone for seeks to maximise risk-adjusted returns
both the district and national level;
the long term. We know that our for its investors by developing and
>> the provision of local procurement and investment performance will experience actively managing high-growth,
logistical services to Ebola response- volatility, for both good and for bad, but defensible businesses that are
related NGOs and foreign we have conviction in the long-term fundamental to developing markets.
governmental agencies; and economic trajectory of the country.

Key Challenges growth sectors such as those outlined in The country’s road networks are in need of
Infrastructure development presents both this Investor Guide. significant improvement. It has been a
critical challenges and substantial priority of the current government to
The most visible challenges and
investment opportunities for investors in upgrade the road system in the Western
opportunities lie in Sierra Leone’s physical
Sierra Leone. Without the resources to Area. However, journeys beyond the major
infrastructure. Sierra Leone’s two major
significantly reduce the infrastructure gap, urban centres such as Makeni and Bo
international transport hubs, as described
the GoSL has looked to attract private remain difficult. Consequently, transport
in this section, are its port and airport.
sector investors through the costs can be higher than might be expected
Transportation to Freetown from Lungi
implementation of policies and legislation in a country as small as Sierra Leone.
International Airport is limited to sea boats
to promote PPPs and mitigate the risks and ferries which meet incoming flights. The GoSL is looking to develop a more
inherent in greenfield investments. The new Port Loko to Lungi Highway that transparent and competitive bid process
In order to attract the right levels of links to Freetown provides better road within the PPP Unit and across key MDAs,
investment in its infrastructure, the GoSL access and the GoSL is looking to develop such as the Ministry of Energy. These plans
will need to focus on the development of alternative means of transport across the will be critical to removing political influence
viable, bankable and sustainable projects estuary. from the tender process, which has in the
that can unlock the potential of promising past resulted in substandard rehabilitation
and project development works.
38

Agriculture and Fisheries Land Notwithstanding the above, ascertaining


As outlined in Part I above, there are two which relevant permits and consents are
Sectors in Perspective
distinct land tenure systems in Sierra Leone. required for water extraction poses a
Agriculture is the backbone of the Sierra In Freetown and the Western Area, title to challenge to potential investors because
Leonean economy, with the sector land can be bought and sold under a the country does not have a single, central
accounting for an estimated 42.5 per freehold system. Outside of these areas, body charged with managing the country’s
cent. of GDP and employing around where much of the country’s agricultural land water resources. The current reform
two-thirds of the national labour force. is situated, only leasehold interests in land process referred to in the Infrastructure
Notwithstanding this, the sector’s vast can be bought and sold and reversionary title section of Part II of this Investor Guide, and
potential is still largely untapped. Sierra to the land is retained by indigenous the new water law more specifically, is
Leone is endowed with approximately 5.4 communities, represented by local chiefs. expected to simplify this.
million hectares of arable agricultural Foreign investors are not permitted to own
Environment
land, of which almost 75 per cent. is title to land under either system, but can
Before initiating any agribusiness and/or
available for cultivation. The country lease land for a term of up 99 years.
fisheries project, investors are required
boasts fertile soils and its ample For investors unfamiliar with customary pursuant to the relevant environmental
rainfall averages roughly 3,800mm per tenure-based land systems in Africa, the laws to undertake an environmental social
year, making it one of the most humid involvement of local chiefs in the leasing and health impact assessment), inform
countries in Africa. This climate supports a process can be concerning and act as a affected communities of the results of the
broad range of crops including rice, deterrent to investment. Sierra Leone’s assessment and address any community
cassava and groundnuts, as well as Law Reform Commission is currently objection to a project through community
livestock and cash crops, such as coffee, working on a new land tenure policy with a consultative meetings and community
cocoa and palm oil. view, amongst other things, to making it sensitisation programmes.
While small-scale subsistence farming easier for foreign investors to obtain land
The EPA has broad responsibility for
currently dominates the sector, GoSL is leases. The GoSL is prepared to assist
ensuring private-sector compliance with
looking to FDI to boost productivity foreign entities in negotiations with chiefs
environmental regulations in Sierra Leone,
through mechanised commercial and landowners, however the practicalities
including environmental, social and health
agricultural development and investments are complex. In certain cases, the GoSL
impact assessment procedures.
across the agriculture value chain. may also take a head lease on provincial
lands and sub-lease to agribusiness Where projects are financed by the
Fisheries are one of Sierra Leone’s lesser investors so as to mitigate any perceived international lending community, stricter
known sources of untapped wealth, yet risks of privity between customary land environmental compliance, such as
they have the potential to become the owners and foreign investors. compliance with the Equator Principles and
country’s second largest sector for exports the IFC Performance Standards, will be
after minerals. The leasehold rights of agribusiness
required.
investors are protected by the wide-
Legal and Regulatory Landscape ranging guarantees against expropriation Although the primary environmental
The GoSL’s policy and strategic framework set out in the IPA. To date, no claims legislation applicable in Sierra Leone
for the agriculture sector focuses on appear to have been brought against GoSL provides the environmental regulator with
providing better quality and wider access pursuant to these provisions under the IPA. the power to promulgate regulations in
to inputs and infrastructure, and improving respect of the control of effluent discharge
Water
storage and processing facilities to and the release of hazardous and toxic
As is common in West Africa, in Sierra
increase productivity, achieve food security materials, no such regulations have been
Leone water is considered a communal
and expand exports. enacted at the time of publication. That
resource. Use rights are subject to
being said, GoSL has held several public
Investors should consider a number of recognition of the rights of others to the
workshops with interested parties on the
areas of policy and regulation that impact resource, and preservation of the water’s
adoption of such regulations and it is
the structuring and commercial viability of quality. A landholder may claim rights to a
envisaged that a more robust
investments in the agriculture sector. stream or other water source on his or her
environmental protection regime should
These include land and water rights, land. There are hurdles with respect to
become applicable in Sierra Leone in the
environmental regulations, labour laws, water use in Sierra Leone, as the country
near future.
local content requirements, and licensing lacks a comprehensive legal framework
and permitting requirements. governing its water resources.
Introduction Part I Part II Part III Looking to the Future

39

Labour land leases. These may include community There are also significant opportunities
The Agribusiness Trade Council regulates capacity building projects, infrastructure and incentives for investments in the
labour relations within the sector. Labour development and/or rehabilitation or the production, processing and marketing of
regulation in Sierra Leone is relatively payment of royalties). There are no express domestically produced rice, Sierra Leone’s
flexible and only certain aspects of working legal requirements or consequences for a staple food, as well as livestock-rearing
conditions for agricultural workers are failure to make such contributions. and slaughter facilities to cater for the
regulated by law. For example, the national increasing demand for meat.
minimum wage mentioned in Part I of this Investor Highlights
The case for investing in agriculture in Sierra Leone is also emerging as a viable
Investor Guide (currently Le 500,000
Sierra Leone is highly compelling, destination for carbon credit scheme (CCS)
(US$114) per month) and official daily
particularly considering the country’s vast projects, with a number of major deals for
working hours (currently eight hours) are
availability of agricultural land. The sector carbon capture projects signed in recent
mandated by GoSL. Agricultural workers
also compares favourably against its years. Forestry and plantation activities in
have the right to join a union and enter into
counterparts in other comparable markets particular provide opportunities for foreign
collective bargaining agreements (CBAs)
on a number of commercial variables, investors to earn credits under the Framework
under Sierra Leonean labour laws. In
including labour costs and leasing costs Convention on Climate Change Clean
practice, working conditions for agricultural
for agricultural land. Resource-related Development Mechanism that can be traded
workers are largely governed by such CBAs
costs are minimal – for instance, Sierra on the global carbon market. GoSL has
with their employers. Productivity-based
Leone does not charge agribusinesses for already identified a number of further potential
worker payment structures are widely
water utilisation. sites for CCS-driven investment projects.
applied and there is no legal prohibition on
compulsory overtime. Agriculture is a strategic growth sector for There are also opportunities for investment
GoSL. Increasing agricultural productivity in Sierra Leone’s fisheries. The region is
Around 40 per cent. of the Sierra Leonean
is central to GoSL’s poverty reduction and one of the world’s richest fishing
formal sector labour force is unionised. The
food security aims, as stated in the A4P grounds. Sierra Leone’s 506km
National Union of Forestry & Agricultural
and the Post-Ebola Recovery Strategy. coastline and 30,000km continental
Workers, which forms part of the Sierra
This is reflected in GoSL’s efforts to create shelf boast a commercially viable stock
Leone Labour Congress (a prominent
an enabling environment for agribusiness of fish. The fisheries sector contributes
umbrella organisation of trade unions) has
investors through numerous sector-specific approximately 8 per cent. of Sierra Leone’s
approximately 1,100 declared members.
investment incentives and the availability of GDP, and fish constitutes around 80 per
Unions have the right to strike under
wide-ranging investment facilitation cent. of animal protein consumed by Sierra
national trade union laws, subject to giving
assistance from SLIEPA. For example, Leoneans. Total fish production is increasing
21 days’ notice to GoSL.
tax incentives available to certain year on year, with production rising from
Local Content Requirements agribusinesses include a complete roughly 60,000 tonnes to 140,000 tonnes
Sierra Leone has an investor-friendly exemption from income tax for up to in the past decade, but revenue generation
approach to local participation. 100 per ten years from the time of investment is still far below its potential. In 2010, the
cent. foreign ownership is permitted in and a 50 per cent. exemption from economic value of yields was estimated to
most sectors of the economy withholding taxes on dividends, as well be more than US$100 million per annum.
(exceptions, such as the mining sector, have as a complete exemption from import The marine fisheries of Sierra Leone are
been noted I Part I above). Although Sierra duties on agricultural inputs such as divided into:
Leone has adopted a national local content farm machinery, equipment and
policy, GoSL acknowledges that at present agro-chemicals. Export licences are >> the artisanal fishery, operating in
there is insufficient capacity in the local required for agricultural goods. estuaries and inshore waters and
labour market to be able to supply goods extending from the shoreline to around
and services to business undertakings. With Key opportunities for investment 20-40m deep;
the assistance of development partners include cash crops such as cocoa,
coffee and palm oil, with GoSL promoting >> the industrial fishery, operating in the
such as the UN and DFID, GoSL is building
investment in the rehabilitation and open deeper waters.
capacity in the local market.
expansion of existing plantations and
SLIEPA guidance indicates that estates, as well as agro-processing, and
agribusiness investors are “expected” to further planning to establish (tax free)
make social contributions to local export processing zones in the country.
communities as part of the negotiation of
40

The GoSL signed its first PPP for fish Key Challenges Supplies of fertilizers and pesticides are
receiving centres last year, during the Sierra Leone’s agriculture is constantly well below domestic requirements. Fires,
midst of the Ebola crisis, and has plans to under threat from climatic hazards such as which are used as a means of land
develop an integrated fishing harbour droughts, floods and changing rainfall clearance, can be problematic for those
along with fish processing plants in patterns – threats which are widely operating in the agriculture sector.
Freetown. The Ministry of Fisheries and expected to increase as a result of climate To address these challenges, a National
Marine Resources has also been looking at change. Infrastructure in many areas, and Platform for Disaster Risk Reduction and
ways to distribute fish products to cold in particular the rural road network and Climate Change Adaptation (the Platform)
stores in major regional centres. electricity grid, will require sizeable was created and launched in August 2011
With support from the AfDB, a marine training investment in order to create a holistic by President Koroma. The Platform has
school has been developed. There are enabling environment for agribusiness. seven sub-committees which cover fires
opportunities for investment in the operation However, this is as much an opportunity as and pest infestation, as well as a range of
and management of the training school. it is a challenge for investors. other socio-natural and man-made hazards

International Investor Case Study country, ManoCap has seen SFC’s do-in-the-face-of-a-public-health-crisis/
ManoCap revenues double over five years. In the for more details).
meantime, the cost of fish to the
Sierra Fishing Company – the benefits of The Splash network has now grown to
consumer has fallen, and SFC has grown
being on the ground around 200 payment points across the
its employee numbers. SFC is now
ManoCap, a private equity firm founded in country, and Splash is working to
looking to expand its business further.
Freetown in 2005, has a clear belief in increase this to 1000. Although the cost
the opportunities for investment in Sierra Splash Mobile – the value of local of Ebola has been terrible, the co-
Leone. It is also well-placed to assess the networks ordinated response from the public and
challenges that investors are likely to face. SFC’s network of fish depots throughout private sectors demonstrates the
inland Sierra Leone also demonstrates the robustness of Sierra Leone’s human
In ManoCap’s view, a key difficulty lies
value of a strong local network. ManoCap infrastructure, and suggests that Sierra
not in producing a compelling business
has in fact invested directly in Sierra Leone’s economy is well-placed to
plan – which is relatively straightforward,
Leone’s networks, via Splash Mobile recover.
given the country’s natural advantages
Technologies. Splash was Sierra Leone’s
and openness to investment – but in Looking ahead
first mobile payment system. In a country
executing the business plan effectively. ManoCap continues to source investments
with limited banking infrastructure, a
This requires competent local in Sierra Leone, and has a positive outlook
technology which reduces the risk, cost,
management and robust financial on the country’s prospects. The team
and time of everyday transactions makes a
controls. cautions that investing in Sierra Leone
great difference.
– and making an investment successful
A good example is ManoCap’s investment
This was particularly true during the – is not easy. But with commitment and
in Sierra Fishing Company (SFC), Sierra
Ebola outbreak. Businesses and patience, Sierra Leone can be a very
Leone’s largest fish supplier. The
consumers faced huge difficulties, as attractive investment climate.
investment case for Sierra Leone’s fishing
movement around the country was
sector is clear: 80 per cent. of Sierra About Manocap
heavily restricted. The Splash network
Leone’s protein intake comes from ManoCap operates in Sierra Leone,
provided a virtual banking system that
seafood, and the country’s deep-water Liberia and Ghana, investing growth
helped keep the consumer economy
location provides an ideal platform. capital in small and medium-sized
functioning. It also played an important
businesses. It aims to deliver attractive
The seafood trade relies on the daily role in the medical response to the
returns to its investors while enhancing
catch, and therefore involves a very fast outbreak: hazard pay to health care
economic growth in its countries of
turnover both of product and of cash. workers was essential in ensuring health
operation. Being based in Freetown,
This makes it critical to monitor inventory facilities stayed open, something that
ManoCap is able to provide support both
and cash at all times. By working closely was only possible due to the mobile
via capital investment and through close
with SFC and ensuring oversight of its payment network Splash enabled (see
ongoing working relationships with
financial functions, and investing in http://blogs.ft.com/beyond-
investee companies.
SFC’s distribution networks across the brics/2015/06/18/what-can-business-
Introduction Part I Part II Part III Looking to the Future

41

International Investor Case Study Sierra Leone precisely because the the virus itself but by the overreaction to
Lion Mountains country’s stable and welcoming it. Through a careful assessment of the
operating environment is not fully situation on the ground, and evaluation of
Lion Mountains began farming
reflected in the reputation of the country the real risks, Lion Mountains recognised
operations in Bo District, Sierra Leone in
around the world, meaning plentiful that operations would be safe and
October 2014, at what proved to be the
opportunities for those investors who are feasible, and thus decided on
height of the Ebola epidemic. Despite
prepared to look beyond the headlines. deployment in October 2014 despite the
the additional challenges of the medical
negative press surrounding Sierra Leone
emergency, the pilot phase was launched The Lion Mountains experience through
at that time. The same can be said for
successfully, establishing Lion Mountains the months of the epidemic was largely
other perceived risks.
as an active member of the local farming positive, with zero medical emergencies.
community. The pilot phase comprises a Full anti-infection protocols were Lion Mountains regards Sierra Leone as
small land area for the cultivation of rice followed strictly and Lion Mountains a stable and high-growth investment
and groundnuts, and a mill in Bo which is played a role in promoting appropriate destination – one in which the company
supplied through the purchase of raw behaviours in its areas of operation; with will be able to reach its goal of
rice from a network of out-grower such measures in place, operations were developing 14,000 hectares of land for
farmers in partner chiefdoms. entirely feasible, and only relatively minor the cultivation of rice and other crops
adaptations were required to and have a positive social impact in its
Lion Mountains remains unchanged in its
accommodate movement restrictions and partner chiefdoms in Bo District.
view that Sierra Leone offers an
other anti-Ebola measures from time to
exceptional investment opportunity, About Lion Mountains
time. The most significant inconvenience
especially in the agriculture sector, and is Lion Mountains was established by
and added cost was caused by the mass
committed to the country for the long UK-based Phoenix Africa to farm and
cancellation of international flights.
term. The confidence of this commitment process rice and other crops in Sierra
is founded on the excellent political Although the Ebola epidemic may be Leone, contributing to improving the food
environment, highly attractive investment thought to illustrate the risk of investing security of the country and delivering a
incentive package, outstanding natural in a country like Sierra Leone, Lion significant development impact to
endowment, and welcoming people and Mountains judged that the real risks partner communities. Lion Mountains is
government. Phoenix Africa elected to were exaggerated; the worst of the headquartered in Bo.
establish its first portfolio project in economic damage was caused not by

such as mudslides, storms, and transport Food insecurity increases during the lean Export quality controls in Sierra Leone can
accidents. The Platform’s mandate season (June to August). During this period, be improved. Exporters are required to
includes lobbying the GoSL to commit and 45 per cent. of the population, or 2.5 million obtain a quality certificate from the
respond to disaster risk reduction through, people, do not access sufficient food. In the Ministry of Agriculture, Forestry and Food
among other things, the implementation of past GoSL has sought to avoid food Security. Requests for facilitation payments
policies, standards and regulations by the shortages and price hikes through have been reported. Such practices have in
relevant MDAs. In addition, vulnerability temporary export bans on widely consumed the past resulted in poor quality produce
and capacity assessments are carried out staple foods such as rice and palm oil. being exported, which in turn negatively
in some key local risk areas with support impacts the price of the country’s
Sierra Leone is currently lacking a
from various NGOs to understand the agricultural export.
well-structured public sector “agricultural
nature and level of risks faced by the
extension service”, which would help The principal challenge to the fisheries
particular area. As outlined above,
investors obtain technical information and sector is illegal fishing, estimated to cost
environmental impact assessments are
manage risks through research and Sierra Leone US$29 million annually. The
systematically conducted for mining
development, training and the use of EU and the Word Bank have established
operations.
extension agents to build connections the West Africa Regional Fisheries
between farmers, GoSL planners, NGOs Programme to address this.
and the private sector. The benefits of such
services are evident in Ghana’s cocoa
industry for instance.
42

Part III

Post-Ebola Investment
Climate

Part III of this Investor Guide considers what the Ebola


outbreak means for potential investors and businesses already
operating within Sierra Leone.

GoSL Recovery and Transition Plan


A renewed focus on those sectors
that were drivers of investment prior Governance and accountability
to the outbreak will be central to the
economic recovery. In addition, new
opportunities for investment have
Restore access to basic Get kids back in
arisen by virtue of the GoSL’s health services school
Post-Ebola Recovery Strategy, which
focuses on improving the social
infrastructure already in place to
support societies heavily impacted Maintain
by the crisis and developing better resilient zero
systems and facilities to guard Protect the vulnerable Private sector
against a future outbreak. recovery and growth

Introduction to the Post-Ebola The Post-Ebola Recovery


Investment Climate Strategy
At the time of publication, the peak of the The Post-Ebola Recovery Strategy referred
crisis appears to have passed in the three to throughout this Investor Guide has been
worst affected countries, although a small developed by the Ministry of Finance and
number of cases continue to be reported in Economic Development. The Strategy aims
Sierra Leone. to reduce the impact the crisis has had on
the implementation of the A4P. The
A renewed focus on those sectors that
Strategy identifies plans for dealing with the
were drivers of investment prior to the
shocks caused by the crisis, including the
outbreak will be central to the economic
need to build a more robust healthcare
recovery. In addition, new opportunities for
system and develop integrated strategies
investment have arisen by virtue of the
involving reforms to related social and
GoSL’s Post-Ebola Recovery Strategy,
economic sectors that have a direct bearing
which focuses on improving the social
on health outcomes, and highlights lessons
infrastructure already in place to support
learned from the outbreak, such as the
societies heavily impacted by the crisis and
need to strengthen regional cooperation.
developing better systems and facilities to
guard against a future outbreak. In addition to the longer-term Strategy, the
GoSL has developed a short-term Recovery
and Transition Plan, which focuses on the
nine months immediately following the end
of the Ebola outbreak, to enable a rapid
transition back to the trajectory set by the
Introduction Part I Part II Part III Looking to the Future

43

A4P. Detailed plans for priority sectors, such US$77 million plans to extend their current Education
as health, education, social protection, rutile mining activities to increase its Schools in Sierra Leone were closed for
agriculture and infrastructure, have been output at the Gbangbama deposit by about almost a year during the crisis. They
developed with support from DFID and one sixth. re-opened in April 2015, however gaps in
McKinsey & Co. the infrastructure enabling children to
Although businesses operating in the
Priority interventions include ensuring the economy were forced to put their return to school, along with a lack of
safety of 40 hospitals and 1,300 primary expansion plans on hold in the short term, amenities within schools, are hampering
healthcare facilities, bringing all children recent developments in sectors that the delivery of education. With many
back to school and maintaining safe and are starting to resume activity, coupled children facing the need to work, extending
active learning throughout the country, with strong investment into access to education is hugely important.
drawing over 100,000 subsistence farmers infrastructure, agriculture and mining, The GoSL is focused on ensuring “fee
into the formal economy, helping SMEs could see Sierra Leone return to being free” access to primary education by 2018.
re-establish themselves through affordable one of the region’s fastest growing In addition, targeted programmes to
finance, developing infrastructure projects economies. encourage attendance by the most
that strengthen the agriculture sector, marginalised students will be implemented.
supporting vulnerable groups and Investment Opportunities:
establishing sustainable social welfare, and Health, Education and Social Opportunities for investment include
building effective accountability systems. Services improving educational infrastructure in
under-served communities and
There will be a stronger focus on
Rebound in Economic Activity investment in social infrastructure in Sierra
addressing gender, geographical and
In 2014, growth in Sierra Leone slowed socio-economic disparities in access
Leone going forward. Investment demand
sharply as economic activity was disrupted to education. The GoSL is also focused
in the near term will largely focus on the
by the Ebola epidemic compounded by on improving tertiary education. PPPs
provision of basic services to a population
lower iron ore prices. Growth is likely to in education are being encouraged.
recovering from the effects of Ebola.
remain lower than pre-Ebola levels in 2015 Investment in healthcare, education, Social Services and Basic
as a result of the sharp slowdown in sanitation and water are desperately Necessities
economic activity. Activity and investment needed. Water Aid estimates that even before the
in all key sectors of the economy stalled
Healthcare crisis, 40 per cent. of the population did
given the urgency of dealing with the crisis.
not have access to safe water. Less than
As activity resumes in key sectors, and At the time of publication, the number of
20 per cent. of the country has adequate
provided the outbreak is effectively new cases of Ebola is low; however the
access to sanitation. Providing access to
brought under control, it is very likely that country is not yet Ebola-free. Investment is
basic necessities such as clean water, food
growth will rebound again in 2016. needed to strengthen existing systems to
and sanitation will reduce the risk of a
deal with any further Ebola cases. While
Along with the need for further investment further outbreak.
healthcare systems have struggled to deal
in healthcare, education, sanitation and
with Ebola, other disease and general Opportunities for investment include
energy, other sectors such as agriculture,
healthcare needs have also received less the construction of a new dam in Orugu
construction, infrastructure and mining,
attention. The World Health Organisation to alleviate water scarcity, projects to
mentioned in Part II above offer significant
estimates that large numbers of malaria increase the capacity of the Freetown
opportunities for immediate investment.
patients went untreated during the peak of Guma Valley dam, construction of bore
Investors in iron ore have reported the the Ebola crisis due to insufficient holes in the provinces, and the
commencement of mining activity and healthcare systems. development of water dams in seven
diamond miners have announced major rivers.
Opportunities for investment include
further discoveries. For instance, Golden
the establishment of special hospitals
Saint Resources saw a 26 per cent. jump
or clinics to provide HIV/AIDS health
in its share price on the discovery of new
care, the provision of private psychiatry
diamond reserves in the Tongo licence
hospitals and facilities, manufacturing
area in 2015. One of the country’s leading
of drugs and medical equipment, and
UK-listed mining companies, Sierra Rutile
the establishment of a 24 hour
Ltd, which supplies roughly a fifth of the
ambulance service.
global demand for rutile, has reported
44

Renewed Focus on Traditional Figure 2: Agriculture investment The Food and Agricultural Organisation
Growth Sectors needed given food security concerns estimated in December that almost
Number of people at risk (000’s) 150,000 people were severely food-
Mining Sector
insecure in Sierra Leone. This number is
As outlined above, the investment 280
expected to have doubled by March 2015
opportunities that predated the outbreak of
to more than one million. Due to
Ebola still exist. Mining activity is likely to
restrictions on movement and quarantine,
pick up again now that travel 120
many farmers were unable to plant crops
restrictions are increasingly being
and unable to harvest. Therefore,
relaxed. Activity should recover in 2015 Dec 2014 March 2015 supporting food security and
as export routes open up and mining
investment in agriculture will be
companies recommence production.
essential in the coming months, with
Sierra Leone’s second-largest iron ore Agriculture
small-scale farming support being
producer, which employs 1,400 locals and Numerous opportunities for investment in
particularly important.
contributes 10 per cent. of GDP, was agriculture are outlined in Part II above.
affected during the peak of the crisis and This sector is a key focus area in the Infrastructure and Construction
this contributed to the growth slowdown in GoSL’s Post-Ebola Recovery Strategy. Investment opportunities continue to
2014. Food security will be an ongoing concern exist in improving transportation
in 2015 and is likely to remain a concern networks and energy productivity to
At the time of publication, iron ore
into 2016 for countries worst-affected by enable the free flow of goods and
producers are reporting a
Ebola. Much agricultural activity was put workers. Improving infrastructure through
recommencement of activity and iron ore
on hold during the crisis and food needs the projects outlined in Part II of this
exploration work. While opportunities still
will be even more important now. Reduced Investor Guide will be critical to supporting
exist, continued low iron ore prices could
harvesting due to labour and transport further economic productivity and growth
weigh on any significant investment in the
disruptions has had a wide impact. in the post-Ebola period.
sector. With iron ore alone accounting for
25 per cent. of GDP and 50 per cent. of
exports, development in this sector will be
an important driver of growth.

Figure 1: Mining production was impacted


Mn/Tonnes
Iron Ore (RHS)
150,000 2,500,000

120,000 2,000,000

90,000 1,500,000

60,000 1,000,000

30,000 500,000

0 0
Jan Feb Mar Apr May Jun Jul Aug Sep
2014 2014 2014 2014 2014 2014 2014 2014 2014

Bauxite Diamond Rutile Iron Ore (RHS)


Introduction Part I Part II Part III Looking to the Future

45

Looking to the Future

In 2013, Sierra Leone had the fastest growing GDP of any


developing country in the world.

By identifying opportunities for


investment in Sierra Leone and ways
of mitigating the challenges, we hope
this Investor Guide will encourage
those looking to put capital to good
use in West Africa to consider afresh
Sierra Leone as a favourable
destination for investment.

The Ebola crisis ground this growth to a


halt and had devastating effects on the
country and its people.
However, the GoSL is determined to
reclaim economic growth and focus on
long-term change. In this way, the crisis
has served as a catalyst for a wholesale
review of economic priorities and policies.
The country now stands on the threshold
of the next chapter in its history and, as
such, this is a pivotal moment for Sierra
Leone.
By identifying opportunities for investment
in Sierra Leone and ways of mitigating the
challenges, we hope this Investor Guide
will encourage those looking to put capital
to good use in West Africa to consider
afresh Sierra Leone as a favourable
destination for investment.
46

List of abbreviations

A4P Agenda for Prosperity EWRC Electricity and Water Regulatory Commission

ACC Anti-Corruption Commission FDI Foreign direct investment

ACE Africa Coast to Europe FIU Financial Intelligence Unit

Advisory Board Sierra Leone Minerals Advisory Board FTCC Fast Track Commercial Court

AfDB African Development Bank GATS General Agreement on Trade in Services

AML Anti-Money Laundering GoSL Government of Sierra Leone

ARIPO African Regional Intellectual Property GVWC Guma Valley Water Company
Organisation
HFO heavy fuel oil
ARPS African Railway and Port Services
HR Commission Sierra Leone Human Rights Commission
ASYCUDA Automated System for Customs Data
ICC International Chamber of Commerce
BITs bilateral investment treaties
ICSID Convention International Centre for Settlement of
CBAs collective bargaining agreements Investment Disputes Convention

CCS carbon credit scheme IDB Inter-American Development Bank

CET common external tariff IFC International Finance Corporation

COMESA Common Market for Eastern and Southern IMF International Monetary Fund
Africa
IPA Investment Promotion Act 2004
CPI Transparency International’s Corruption
Perceptions Index IPPs independent power producers

CRA Credit Reference Act 2011 JICA Japan’s International Cooperation Agency

CSR Corporate Social Responsibility JSRSIP III Justice Sector Reform Strategy and
Investment Policy
DFID UK Department for International
Development LCIA London Court of International Arbitration

ECOWAN ECOWAS fibre optic network LFS labour force survey

ECOWAS Economic Community of West African States MDAs Ministries, Departments and Agencies

EDSA Electricity Distribution and Supply Authority MFN most-favoured-nation

EGTC Electricity Generation and Transmission Mines Act Mines and Minerals Act 2009
Company
Minister of Mines Minister of Mines and Mineral Resources
EITI Extractive Industries Transparency Initiative
MRU Mano River Union
EPA Environmental Protection Agency
NASSIT National Social Security and Insurance Trust
EPA Act Environmental Protection Agency Act 2008
NATCOM National Telecommunications Commission
ETLS ECOWAS Trade Liberalization Scheme
NGOs non-governmental organisations
EU European Union
NCP National Commission for Privatisation
Introduction Part I Part II Part III Looking to the future

47

New York New York Convention on the Recognition SLPA Sierra Leone Ports Authority
Convention and Enforcement of Foreign Arbitral Awards
SLRA Sierra Leone Road Authority
NMA National Minerals Agency
SLWC Sierra Leone Water Company
NPAA National Protection Area Authority
SMEs small and medium enterprises
NPPA National Public Procurement Authority
TRIPS World Trade Organisation Agreement on
NRA National Revenue Authority Trade-Related Aspects of Intellectual
Property Rights
NWSP National Water and Sanitation Policy
UNCITRAL United Nations Commission on International
OARG Office of the Administrator and Registrar Trade Law
General
UK United Kingdom
ODA Office of Diaspora Affairs
UNCTAD United Nations Conference on Trade and
OIC Organisation of Islamic Cooperation Development
PCT Patent Cooperation Treaty UNDP United Nations Development Programme
Petroleum Act Petroleum (Exploration and Production) Act US United States
2011
WAPP West African Power Pool
Platform National Platform for Disaster Risk
Reduction and Climate Change Adaptation WASH water, sanitation and hygiene

Polishing Act Diamond Cutting and Polishing Act 2007 WCA Wildlife Conservation Act 1972

PPP public private partnership WIPO World Intellectual Property Organisation

PPP Act 2010 Public Private Partnership Act 2010 WTO World Trade Organisation

PPP Act 2014 Public Private Partnership Act 2014

PPP Unit Public Private Partnership Unit

QE2 Queen Elizabeth II

REDD+ Reducing Emission from Deforestation and


Forest Degradation

RMFA Road Maintenance Fund Administration

SEZ Special Economic Zone

SIERRATEL Sierra Leone Telecommunications Company

SLIEPA Sierra Leone Investment and Export


Promotion Agency

SLNC Sierra Leone National Carrier

SLNC Act Sierra Leone National Carrier Ratification


Agreement Act of 2012

SLNSC Sierra Leone National Shipping Company


48

References

AMCOW. (2011). Water Supply and Sanitation in Sierra Leone; Office of Diaspora Affairs website, accessed on 26 June 2015 at
Turning Finance into Services for 2015 and Beyond. Accessed http://www.diasporaaffairs.gov.sl/index.php?option=com_conten
at https://www.wsp.org/sites/wsp.org/files/publications/ t&view=article&id=1&Itemid=2
CSO-sierra-leone.pdf
Marah, K, Minister of Finance and Economic Development,
Awoko newspaper website, accessed on 26 June 2015 at Government of Sierra Leone. (2015). Statement of Economic and
http://awoko.org/ Financial Policies. Accessed at http://mofed.gov.sl/
PUBLICATIONS/Budget%20Speech%202015.pdf
Bank of Sierra Leone website, accessed on 26 June 2015 at
http://www.bsl.gov.sl/ Mehta, P. (2006) Competition Regimes in the World: A Civil
Society Report. India: CUTS International.
BMI website, accessed on 26 June 2015 at http://www.
bmiresearch.com/sierra-leone Ministry of Energy, Energy Directorate. (n.d.) Expression of
Interest to participate in the Scaling Up Renewable Energy in
CIA. (2015). The World Factbook. Accessed at https://www.cia.
Low Income Countries Program (SREP). Accessed at
gov/library/publications/the-world-factbook/geos/sl.html
https://www.climateinvestmentfunds.org/cif/sites/
Economist Intelligence Unit website, accessed on 26 June 2015 climateinvestmentfunds.org/files/Sierra%20Leone_EOI.pdf
at http://country.eiu.com/sierra-leone
National Commission for Privatisation website, accessed on
EEAS website, accessed on 26 June 2015 at http://www.eeas. 26 June 2015 at http://ncpsl.gov.sl/aboutus.htm
europa.eu/delegations/sierra_leone/eu_sierra_leone/tech_
New Statesmen, Warning over collapse of health system in the
financial_cooperation/rural_development/fisheries/index_en.htm
wake of Ebola in Sierra Leone. (12 December 2014). Accessed
Extractive Industries Transparency Initiative website, accessed on at http://www.newstatesman.com/health/2014/12/warnings-
26 June 2015 at https://eiti.org/SierraLeone over-collapse-health-system-wake-ebola-sierra-leone
Government of Sierra Leone. (2015). Justice Sector Reform Perrualt, F.; Baldeh, Y.; Wahome, J.; Zayid, J. (August 2013).
Strategy and Investment Policy Sierra Leone Country Strategy paper 2013-2017 (African
Development Bank). Accessed at http://www.afdb.org/
Government of Sierra Leone. (2015). Sierra Leone’s Post-Ebola
fileadmin/uploads/afdb/Documents/Project-and-
Recovery Strategy
Operations/2013-2017%20-%20Sierra%20Leone%20
Government of Sierra Leone. (2015). Sierra Leone’s Recovery Country%20Strategy%20Paper_01.pdf
and Transition Plan. PowerPoint presentation.
Sierra Leone Embassy website, accessed on 26 June 2015 at
Harris, D.; Kooy, M; Jalloh, G. (April 2012) The political economy http://embassyofsierraleone.net/node/79
of the urban water-pricing regime in Freetown, Sierra Leone.
Sierra Leone’s Ministry of Mines and Mineral Resources’ website,
Accessed at http://www.odi.org/sites/odi.org.uk/files/odi-
accessed on 26 June 2015 at http://www.slminerals.org/
assets/publications-opinion-files/7668.pdf
key-minerals
IBIS. (February 2014). Natural Resource Watch, Report on
Sierra Leone National Revenue Authority. (2013). Mines Revenue
Sierra Leone. Accessed at http://ibissierraleone.org/sites/
Analysis. Accessed at http://mofed.gov.sl/publications/2013%20
default/files/media/pdf_global/sierra_leone_pdf/sierra_leone_
Mines%20Revenue%20i.pdf
nrw_final.pdf IMF. (2015). World Economic Outlook Database.
Accessed at http://www.imf.org/external/pubs/ft/ Shah, A.; and Thomashausen, S. (March 2014) Columbia Centre
weo/2015/01/weodata/index.aspx on Sustainable Investment: A framework to approach shared
use of mining-related infrastructure. Case Study: Sierra Leone.
Kimberly Process. (n.d.) Sierra Leone’s Annual Report 2013 to
Accessed at http://ccsi.columbia.edu/files/2014/05/Case-
Kimberley Process Certification Scheme. Accessed at http://
Study_Sierra-Leone_March-2014.pdf
www.kimberleyprocess.com/en/system/files/
documents/2013%20KPCS%20Annual%20Report%20 SLIEPA website, accessed on 26 June 2015 at http://www.
Sierra%20Leone_0.pdf investsierraleone.biz/
Koroma, L. Ministry of Transport and Aviation. (2013) Sierra Tarawalli, P. (14 August 2012). Diagnostic Analysis of Climate
Leone Mining Energy/Oil & Gas and Infrastructure Indaba 2013. Change and Disaster Management in relation to the PRSP III in
PowerPoint presentation, accessed at http://slideplayer.com/ Sierra Leone. Accessed at http://www.sl.undp.org/content/dam/
slide/1421893/ sierraleone/docs/focusareadocs/undp_sle_
analysisclimatechangeDM.pdf
Introduction Part I Part II Part III Looking to the future

49

The Oakland Institute. (2011). Understanding Land Investment


Deals in Africa, Country Report: Sierra Leone. Accessed at
http://www.oaklandinstitute.org/sites/oaklandinstitute.org/files/
OI_SierraLeone_Land_Investment_report_0.pdf
Thompson, G. (2015) ICLG Project Finance 2015. Accessed at
http://www.iclg.co.uk/practice-areas/project-finance/project-
finance-2015/sierra-leone
Trading economics website, accessed on 26 June 2015 at http://
www.tradingeconomics.com/sierra-leone
Transparency International. (2014). Corruptions Perceptions
Index. Accessed at http://www.transparency.org/country#SLE
Tynes, R. (11 December 2013). Sierra Leone Oil Report: 2013.
Accessed at http://goxi.org/profiles/blogs/sierra-leone-oil-
report-2013
UNCTAD. (2010) Investment Policy Review, Sierra Leone.
Accessed at http://unctad.org/en/docs/diaepcb200914_en.pdf
UNDP. (2012) National Energy Profile of Sierra Leone. Accessed
at http://www.undp.org/content/dam/sierraleone/docs/
focusareadocs/undp_sle_energyprofile.pdf
UNEP-DHI Centre. (n.d). Roadmaps for Water Management in
West Africa. Accessed at http://www.unepdhi.org/upload/
unepdhi/UNEP_DHI_casebook_print_nomarks.pdf
USGS website, accessed on 26 June 2015 at http://minerals.
usgs.gov/minerals
West Africa Oil Watch. (2013). Sierra Leone Oil Report: 2013.
Accessed at http://westafricaoilwatch.org/oil-contracts-legal-
documents/sierra-leone-oil-report-2013/
World Bank. (2014) Doing Business 2015: Going Beyond
Efficiency. Accessed at https://openknowledge.worldbank.org/
bitstream/handle/10986/20483/DB15-Full-Report.
pdf?sequence=1
World Bank. (n.d.) West Africa Regional Fisheries Program.
Accessed at http://www.worldbank.org/projects/P106063/
west-africa-regional-fisheries-program?lang=en
World Trade Organisation. (26 August 2014). Trade Policy
Review, Report by the Secretariat, Sierra Leone. WT / TPR / S /
303, accessed at https://www.wto.org/english/tratop_e/tpr_e/
tp_rep_e.htm
Zayid, J. (2014). African Economic Outlook – Sierra Leone
(African Development Bank). Accessed at http://www.
africaneconomicoutlook.org/fileadmin/uploads/aeo/2014/PDF/
CN_Long_EN/Sierra_Leone_EN.pdf
50

About Herbert Smith Freehills,


Standard Chartered
and Prudential plc

About Herbert Smith Freehills About Standard Chartered About Prudential plc
Herbert Smith Freehills (HSF) is a leading We are a leading international banking In September 2014 Prudential made
global law firm with over 2,800 lawyers, group, with a 150-year history in some of significant donations to the two leading
including 470 partners, in 24 offices the world’s most dynamic markets. We NGOs fighting Ebola on the ground,
worldwide. bank the people and companies driving Medecins Sans Frontieres and Save the
investment, trade and the creation of Children. We have a long-standing
HSF’s Fair Deal Sierra Leone initiative was
wealth across Asia, Africa and the Middle commitment to disaster relief, recovery,
established in 2010 to deliver free, expert
East, where we earn around 90 per cent of and resilience in developing countries
legal advice to the Government of Sierra
our income and profits. We have operated across Asia, and with a newly expanding
Leone to support the management of
in Sierra Leone since 1894 and today, are life insurance business in sub-Saharan
growing volumes of foreign direct
the only commercial international financial Africa, and as a global financial services
investment. Over 90 lawyers across our
institution in the country. group with £500 billion of assets under
firm have provided more than £1.5 million
management, we are determined to play
worth of assistance to the GoSL to date. We have played a significant role in the
our part in helping West Africa to rebuild
The Fair Deal programme has grown to response to the Ebola crisis since it broke
and recover after the crisis.
offer policy and legislative advice, training out in 2014. This has included:
programmes, document drafting, contract Prudential Africa’s footprint is growing
>> Bolstering our health and hygiene
review, deal negotiation support, and across the continent and in each case we
initiatives to protect our 150 staff, their
assistance on disputes. Support is work closely in partnership with
families and our customers.
provided at all levels, across all disciplines, governments and NGOs on the ground, as
and from offices across our global >> Setting up accounts for NGOs and we have been doing as part of the UK City
network. A number of our associates have development organisations in Sierra Taskforce on Ebola. Prudential is pleased
spent time on secondment to the Attorney Leone and continuing to work with to support this guide, which aims to restore
General’s Office and the Public Private others. investor confidence in the region and
Partnership Unit of the President’s Office showcase its potential for long-term
>> Showing our commitment to support
in Freetown. HSF has continued to provide investment.
local businesses through the crisis by
pro bono legal advice to the GoSL
partnering with CDC Group plc, the UK’s
throughout the Ebola crisis, including on
development finance institution, to Prudential plc is not affiliated in any manner with
the commercial implications of the
provide working capital lending facilities Prudential Financial, Inc, a company whose principal
outbreak. place of business is in the United States of America.
of up to US$50 million in Sierra Leone.
In addition to its pro bono work with the
>> Global staff fund-raising drive with
Government, HSF has advised in relation
match funding donated to Save the
to a number of significant investments into
Children and Medecins Sans Frontieres.
the country in recent years, witnessing at
first hand the gradually increasing levels of >> Supporting the #AfricaAgainstEbola
foreign investment as the Agendas for campaign in partnership with the African
Change and Prosperity have been rolled Union.
out.
>> Commissioning a public radio soap (“Ous
We look forward to continuing to build on kyne tin dis?”, What kind of thing is
the Fair Deal initiative and our support for this?) to reinforce the Sierra Leone
Sierra Leone as the country returns to government’s key messages on Ebola.
economic growth.
Our response to Ebola has enabled us to
put into action our brand promise, Here for
good.
Introduction Part I Part II Part III Looking to the Future

51
52

Potrebbero piacerti anche