Sierra Leone Investors Guide
sierra-leone-investors-guide
User Manual: Pdf
Open the PDF directly: View PDF 
.
Page Count: 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
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
Contents
02
03
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
Since my election as President of the
Republic of Sierra Leone in 2007, my
focus has been to rekindle that pioneering
spirit, to motivate and develop the private
sector to drive Sierra Leone’s economic
development. That is why my Government
has in the last seven years prioritised
improving the enabling environment so that
the private sector can thrive and provide
much-needed growth, opportunities and
resources for our country.
As I write, we are fighting the last cases
of Ebola in the country. It has been a long,
unprecedented struggle, but with the
dedication and heroism of our Ebola
response workers, with the strength,
expertise and, too often, sacrifice of our
doctors, nurses and other health workers,
and with support from our international
partners, we are winning the fight for our
humanity and our nation.
Before we were struck by Ebola, we were
one of the fastest growing economies
in the world. Our ambition is to return
to this trajectory of prosperity. From my
first term’s “Agenda for Change”, which
focused on private sector-led growth, to
the “Agenda for Prosperity”, our country’s
vision to become a middle-income country,
we as a nation are pursuing an inclusive
economy with reduced poverty and greater
opportunities for all people. We recognise
that this is only possible in partnership with
the private sector.
The private sector has therefore been
placed at the heart of our recovery plan
through which we hope to expedite
socio-economic recovery and reclaim the
path to sustainable development set out
in the “Agenda for Prosperity”. Our
long-term strategy and short-term
Recovery and Transition Plan set out to
restore and strengthen trade and private
sector activities. This Investor Guide is one
step in that direction.
This Guide represents an independent
private sector voice on Sierra Leone’s
investment landscape. I am grateful to
the firms that came together to draft the
Guide and would encourage potential
investors looking for a comprehensive,
independent and objective reflection of the
potential of the Republic of Sierra Leone
for future investment to read about the
numerous opportunities outlined in the
pages that follow.
I look forward to you visiting our great
country, to experience first-hand, the
beauty, the graciousness and the resilience
of Sierra Leoneans and our remarkable
investment potential.
A very warm welcome, and God bless
Sierra Leone.
H.E. Dr. Ernest Bai Koroma
President of the Republic of Sierra Leone
I look forward to you visiting
ourgreat country, to experience
rst‑hand, the beauty, the
graciousness and the resilience
ofSierra Leoneans and our
remarkable investment potential.
Sierra Leone has a wonderful heritage and history of achieving
many rsts in Africa – from being pioneers in printing
newspapers and delivering national radio to establishing
Fourah Bay College, the rst university in sub‑Saharan Africa.
Foreword by
President Ernest Bai Koroma
04
Africa’s story in the twenty-first century is
one of entrepreneurialism, advancing
technology and rising opportunity. Sierra
Leone was very much a part of this story
prior to the 2014-2015 Ebola epidemic
and was one of the fastest-growing
economies in the world. Investments in
infrastructure and energy were
accelerating, efforts to strengthen
government institutions and capacity
were under way, and the Sierra Leone
Government was working on policies and
reforms conducive to good governance
and private sector growth. As a result,
Sierra Leone was presenting attractive
international investment opportunities
in energy, including in hydropower and
solar generation; infrastructure; natural
resources such as bauxite, diamonds,
gold, rutile, coltan, iron ore and potentially
offshore oil. Lastly, there were largely
untapped opportunities in agriculture and
fisheries, with fish stocks estimated at
more than US$100 million per annum.
Apart from the terrible human cost, the
Ebola outbreak has set Sierra Leone back
economically. It took the heroic efforts of
the Sierra Leonean people and their
government and an unprecedented crisis
response from the United Kingdom,
non-governmental organisations and wider
international community to turn the tide of
the epidemic. At the time of publication,
the UK remains focused on supporting the
government and people of Sierra Leone to
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
one with a revitalised economy; a growing
and flourishing private sector will be key
to this crucial pillar of a sustainable
recovery effort.
Now is the time for the private sector to
truly come into its own in the long-term
recovery effort, identifying and driving the
business opportunities that Sierra
Leoneans and leading businesses stand
ready to grasp. This is not just a matter of
corporate responsibility. If Sierra Leone’s
potential can be harnessed to create
sustainable long-term growth on behalf
of all its people, it could become a real
economic force and a major market in
which to do business. There is huge
potential in sectors such as energy (where
a ten-fold increase in generation is planned
over the coming years), mining, petroleum,
agriculture and infrastructure.
The Government of Sierra Leone, with UK
and international community support, is
working to diversify its economy, improve
transparency, broaden its tax base, develop
and improve its infrastructure and create
jobs for the people of Sierra Leone. Private
sector involvement and investment will be
central to unlocking this potential – to
everyone’s benefit. We hope that this
Investor Guide will be a tool to support the
widening and strengthening of these
partnerships so critical for our shared
prosperity. The way the world acts now will
define Sierra Leone’s future, and the
region’s future, for years to come.
The Rt Hon Justine Greening
UK Secretary of State for International
Development
James Duddridge MP
UK Minister for Africa, Caribbean, and the
Overseas Territories in the Foreign and
Commonwealth Office
Foreword by the UK Secretary
of State for International
Development and UK Minister
for Africa
05
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.
We are delighted to have worked
together to produce this Investor Guide
for Sierra Leone.
As global businesses with a long-standing
commitment to Africa in general – and
Sierra Leone in particular – we are
passionate about helping Sierra Leone
recover and emerge stronger from the
Ebola crisis. While challenges remain, the
country offers tremendous potential, with
strong underlying growth and investment
opportunities. We are absolutely
committed to working with the Government
of Sierra Leone and international partners
and investors to help the country reach its
full potential, for the benefit of all.
This Investor Guide outlines the opportunities
the country offers, provides context for
potential investors and outlines resources
that potential investors can draw on.
Each of our organisations has responded
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.
The work in regenerating Sierra Leone will
stretch well beyond the immediate aftermath
of the crisis and will require commitment,
skill and imagination over the coming
months and years. We hope that this
Investor Guide will grow and develop, and
will serve as a useful resource for all those
with an interest in helping Sierra Leone on
its path towards economic recovery.
Stéphane Brabant
Partner, Africa Practice Group Chairman
Herbert Smith Freehills
Diana Layfield
CEO, Africa Region
Standard Chartered
Matt Lilley
CEO Africa
Prudential plc
Joint Letter from
Herbert Smith Freehills,
Standard Chartered
and Prudential plc
06
2005 2006 2007 2008 2009 2010 2011
0
5
15
25
10
20
4.5325.240
4.241
8.042
3.1965.962
2012 2013
15.204
20.127
Sierra Leone GDP growth, constant 2010 USD %
e Government of Sierra Leone
(GoSL) has placed private sector‑led
growth at the heart of its Post‑Ebola
Recovery Strategy (published in
2015), acknowledging the need to
assure investors that Sierra Leone
isan environment conducive to
foreign direct investment.
The Ebola outbreak not only resulted in a
devastating humanitarian crisis but also
“aversion behaviour” on the part of
numerous investors, which adversely
affected this pre-crisis growth.
The Government of Sierra Leone (GoSL)
has placed private sector-led growth at the
heart of its Post-Ebola Recovery Strategy
(published in 2015), acknowledging the
need to assure investors that Sierra Leone
is an environment conducive to foreign
direct investment (FDI). Although
challenges to doing business in Sierra
Leone remain, several of these challenges
themselves also give rise to promising
opportunities for investment.
The purpose of this Investor Guide is to
identify and describe areas of opportunity
for investment in Sierra Leone in the run-up
to reaching zero new cases of Ebola and in
the immediate post-crisis period.
This Investor Guide considers key features of
the Sierra Leonean economy and its principal
industry sectors and provides an outline of the
applicable legislative framework. It features
case studies from current international
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.
Executive Summary
Economic Context
Sierra Leone’s economic fundamentals
present an attractive investment
proposition. In 2013, Sierra Leone’s real
GDP growth was approximately 20 per
cent. While this fell during the height of the
Ebola crisis, with estimates for 2014 and
forecasts for 2015 predicting negative
growth, Sierra Leone is projected to return
to solid growth as the country recovers
from the outbreak and coinciding drop in
commodity prices.
Forecasts for 2016 and 2017 place the
country’s estimated growth at 8.4 per cent.
in terms of real GDP, which is above other
sub-Saharan economies such as Kenya,
Nigeria and Ghana, and also above the
global developing country average of
approximately 5 per cent. Sierra Leone’s
currency, the Leone, has proved stable,
and inflation has fallen from double digit
levels at the start of the decade to a
projected 6.6 per cent. for 2015. It is
expected that growth will rebound to
double digits over the next three to
five years.
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.
Introduction
Introduction Part I Part II Part III Looking to the Future
07
2013 2014e2015f 2016f
0
5
15
25
10
20
20.1
6.0
-12.8
8.4
2017f
8.9
-15
-10
-5
Developing economies averageSierra LeoneNigeriaKenyaGhana
Real GDP growth %
FDI levels have been increasing since the
end of the civil war in 2002 and the latest
United Nations (UN) figures show
US$579.1 million of inward FDI flows for
2013. This is, in part, due to the GoSL
undertaking what the United Nations
Conference on Trade and Development
(UNCTAD) has called “one of West
Africa’s most ambitious reform agendas”.
Sierra Leone has made it a political priority
to create a highly competitive environment
for FDI. The country has recently been
called “one of the world’s top ten business
reformers”, and has climbed into the top
half of the sub-Saharan index for ease of
doing business, coming above its
neighbours Senegal, Guinea and Liberia in
the 2015 World Bank survey.
Steady economic progression has been
underpinned by political stability. Since
2002, there have been two peaceful
democratic elections, including a peaceful
transition of power between the two major
political parties. Sierra Leone is one of
Africa’s most religiously tolerant nations: as
The Economist has noted, “Sierra Leone
takes religious tolerance seriously…
relations between the two main religious
groups in the West African country are
cordial.” Continued stability will be
essential as the country aims to meet its
objective of achieving “middle income
status” (as defined by the World Bank)
by 2035.
To place the country back on its trajectory
to meet this objective, the GoSL’s Post-
Ebola Recovery Strategy includes a holistic
review of the GoSL’s priorities, policies and
systems underpinning social betterment
and economic growth. The Strategy
indicates the GoSL’s willingness to reflect
on what could have been done differently
in the period preceding the Ebola outbreak
and reasserts its commitment to creating a
favourable investment climate in order to
boost private sector participation and bring
back the growth the country enjoyed
before the outbreak.
Overview of Investment
Opportunities
Sierra Leone benefits from a number of
enviable natural advantages. It has a
strategic location on the Atlantic seaboard
of West Africa, with one of the largest
natural harbours in the world. The country
has over 5.4 million hectares of fertile
agricultural land and forestry, almost
75 per cent. of which remains under-
cultivated. It is also seeking to improve the
exploitation of its significant fish stocks,
yields for which are, at the time of
publication, estimated at more than
US$100 million per annum.
Rich deposits of a variety of important
minerals lie beneath the ground, including
iron ore (Sierra Leone is home to one of the
world’s largest deposits containing an
estimated 12.8 billion tonnes of iron ore
reserves), bauxite (of which Sierra Leone
has significant reserves, including a reserve
at Port Loko of around 100 million tonnes)
and rutile (Sierra Leone produced an
estimated 120,000 tonnes of contained
titanium dioxide in 2014, which accounted
for roughly 14 per cent of total world
production). Between 2009 and 2012
the value of Sierra Leone’s natural
resource exports exceeded
US$1.2 billion, accounting for
approximately 70 per cent of the country’s
total exports. The GoSL recognises that the
effective exploitation of the country’s natural
resources represents its best prospect
of achieving its aims under the Agenda
for Prosperity (A4P).
Notwithstanding the natural attractions of
Sierra Leone as an investment destination,
foreign investors will nonetheless need to
overcome certain obstacles. The most
visible of these is the lack of adequate
social and physical infrastructure and
historic underfunding in education, health,
transport and telecommunications, coupled
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 tackling issues of
corruption through the development and
strengthening of anti-corruption
mechanisms outlined in further detail in
Part I below.
Sierra Leone is ranked 183 out of 187
countries on the United Nations
Development Programme (UNDP)’s
Human Development Index 2013 and is
currently seeking to rediscover the
momentum it had before the Ebola
outbreak. Patience, flexibility and
determination are essential for successful
investment in the country, and for
capitalising on the undoubted
opportunities that exist.
Opportunities for immediate investment
range from Sierra Leone’s traditional
strengths in mineral resources, to huge,
largely untapped opportunities in
agriculture and fisheries. There are also
opportunities in biofuels and hydro-
electricity along with serious potential in
offshore oil and gas.
For specific details on the opportunities
and challenges relating to the following
sectors summarised here, please refer to
Part II of this Investor Guide.
Energy
The GoSL is focused on increasing
generation capacity and improving the
transmission and distribution of power in
the country. This presents numerous
opportunities for investment in the sector.
To address Sierra Leone’s low levels of
installed power generation capacity, the
GoSL has identified up to 27 potential
hydropower sites, ranging from the
US$580 million Yiben project, to smaller
projects, including mini-hydro plants below
1 MW. In addition, the potential for solar
power is as great as 2200kWh/m,
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.
The GoSL is also raising capital to invest in
the creation of a national grid through the
2015 Electricity Medium-Term Bond.
Natural Resources
Sierra Leone has rich mineral deposits and
significant reserves of gold and diamonds,
outlined further in Parts I and II of this
Investor Guide.
The extractives sector has been heavily
affected by the drop in iron ore prices
compounded by the Ebola outbreak.
Production remains below Sierra Leone’s
potential output and extensive reserves
remain under-exploited.
Sierra Leone has made significant efforts
to improve the integrity of its mining sector
to meet modern standards, complying with
the global standards of the Extractive
Industries Transparency Initiative.
Discoveries of offshore oil fields by African
Petroleum and Anadarko display significant
potential. The GoSL estimates that oil
production could start in 2017. Although
the size of oil resources and the financial
viability of extraction are not yet clear,
estimates range from 500 to 700
million barrels of oil, and preliminary
drilling indicates that the oil is of a
high quality.
Infrastructure
The GoSL has embarked on a vast
programme of works to improve the
country’s infrastructure, giving rise to many
opportunities for strategic partnerships.
Improvements to the country’s physical and
digital infrastructure will inevitably advance
growth in other sectors. This includes
Sierra Leone’s promising tourism sector,
which has significant potential for growth,
particularly following the opening of
Freetown’s five-star Radisson Blu Hotel in
2014 and the development of the Hilton’s
Cape Sierra Hotel, due to open in 2015.
Opportunities for immediate
investment range from Sierra Leone’s
traditional strengths in mineral
resources, to huge, largely untapped
opportunities in agriculture and
sheries. ere are also
opportunities in biofuels and
hydro‑electricity along with serious
potential in oshore oil and gas
Introduction Part I Part II Part III Looking to the Future
09
Sierra Leone’s principal transport hubs are
the Port of Freetown and Lungi
International Airport. Both sites have been
criticised in the past for being outdated.
The GoSL has taken steps to address this:
In November 2010, the National
Commission for Privatization awarded a 20
year concession of the Port of Freetown
terminal to Bolloré Africa Logistics,
resulting in changes that are expected to
increase the involvement of the private
sector in front-line and back-up cargo
handling and storage functions.
Lungi International Airport is also under
renovation, with US$8.9 million funding
from the World Bank and the
participation of a number of European
private enterprises. In addition, plans are
in place for the development of a new
airport at Mamamah.
In telecoms, the Africa Coast to Europe
(ACE) submarine cable, which extends
from France to South Africa, finally linked
to the Sierra Leone network in February
2013. The country will also benefit from
the ECOWAS fibre optic network
(ECOWAN) in due course. This is
addressed as a priority in the GoSL’s
Post-Ebola Recovery Strategy.
The post-Ebola landscape will give rise to
significant investment opportunities in
health and sanitation infrastructure. Ebola
has hit these sectors hard, with the loss of
many hospital staff and resources to the
disease. As has been noted,
“reconstructing the health system in the
post-Ebola period will require significant
investments in every aspect of the health
system.”
Agriculture and Fisheries
The agricultural sector has also been badly
affected by the Ebola epidemic. Despite
these difficulties, the extensive opportunities
for investment in this area are attractive.
Sierra Leone has around 5.4 million hectares
of fertile land and compares favourably
against its counterparts in other emerging
markets in terms of labour costs, leasing
costs and resource costs.
In addition, a number of tax incentives are
available to certain agribusinesses. The
GoSL is promoting investment in cash
crops such as cocoa, coffee and palm oil
and is also planning to establish (tax free)
export-processing zones in the country.
Fisheries and marine resources are one of
Sierra Leone’s lesser known sources of
untapped wealth, yet they have the
potential to become the country’s second
largest sector for exports after minerals.
Investment Climate
The GoSL’s A4P programme is aimed at
boosting the country’s investment climate
and capitalising on the current political
stability. The programme emphasises
private sector-led growth, with a particular
focus on diversifying the economy and
improving the enabling environment for
private sector-led growth through, for
instance, improvements in energy, water
and transport infrastructure. Further details
can be found in the sector-specific sections
under Part II of this Investor Guide.
The Investment Promotion Act 2004 (IPA),
which serves as the foundation of the
private investment regime in Sierra Leone,
has as its purpose the promotion and
attraction of private investment, both
domestic and foreign, “for the development
of value-adding opportunities, export
creation and investment opportunities.”
The IPA offers significant incentives to
foreign investors in Sierra Leone, including
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.
A variety of tax and non-tax incentives
for both local and foreign investors
have been designed to channel
investments to specific industries and
encourage engagement in eligible new
enterprises and expansion projects in
agriculture, agro-industries, manufacturing
and construction. Incentives include
income tax exemptions, deductions for
income tax purposes and import duty
exemptions. These are explored in greater
detail in Parts I of this Investor Guide.
The IPA supplements these incentives with
a framework for the settlement of disputes
in an international forum, providing for
United Nations Commission on
International Trade Law (UNCITRAL)
arbitration (or resolution under such other
international machinery as the parties may
agree) in the event of a dispute between
an investor and the GoSL with respect to
(a) an investment in a business enterprise,
or (b) investments that have been
obstructed or delayed by the GoSL.
Investors from the United Kingdom (UK)
and Germany investing in Sierra Leone
benefit from bilateral investment treaties
(BITs), which prohibit discriminatory
treatment, provide for most-favoured nation
(MFN) treatment, and refer investor-state
disputes to ICSID arbitration. A BIT with
China containing standard investment
protections has been signed but is not yet
in force.
At a regional level, Sierra Leone is a
member of the Economic Community of
West African States (ECOWAS), a
15-member regional group and, more
locally, the Mano River Union (MRU), a
smaller regional group consisting of Côte
d’Ivoire, Guinea, Liberia and Sierra Leone.
Both groups exist to develop intra-African
trade by promoting economic co-operation
and the removal or harmonisation of tariffs
and other barriers.
10
In the context of an increasing focus on
human rights within businesses around
the world, the GoSL has taken steps to
enhance human rights protection. These
are explored in Part I of this Investor
Guide. The country has seen a steady
improvement in this area since the end of
the civil war in 2002. This includes the
establishment of the Sierra Leone Human
Rights Commission in 2004, which has
a mandate to protect and promote human
rights across the country, and the National
Commission for Social Action, which has
been active in disability rights and has
provided rehabilitation grants to over
one thousand conflict victims, including
amputees. Legislative reforms include the
Persons with Disability Act 2011, which
transposed the Convention on the Rights
of Persons with Disabilities into domestic
law, gender justice laws and the Child
Rights Act 2007.
Key GoSL Contacts for Investors
Sierra Leone has developed a political
framework for the promotion and
facilitation of inbound investment. The
Sierra Leone Investment and Export
Promotion Agency (SLIEPA) was
established in 2007, which provides
existing and potential investors with
information and support relating to
investment in Sierra Leone. Potential
investors may find it helpful to make
contact with SLIEPA early in the
investment process.
Alongside SLIEPA, the Public Private
Partnership Act 2010 (PPP Act 2010)
established the Public Private Partnership
Unit (PPP Unit) as an agency of the
GoSL’s executive arm. The PPP Unit
sources, develops, supports and conducts
due diligence in respect of public-private
investments in Sierra Leone, with particular
regard to investments in infrastructure and
other long-term projects.
ere are considerable opportunities
for immediate investment in Sierra
Leone. ese will benet from the
GoSL’s increased focus on improving
the investment climate in the
post‑Ebola period. In this context,
we invite investors to consider
afreshSierra Leone as a desirable
destination for investment.
Introduction Part I Part II Part III Looking to the Future
11
Population
6.32m
Area
7 1,740km2
GDP
US$4.4bn
Sierra Leone at a Glance
Country Facts1
Population: 6.32m (April 2015 estimate);
4.98 million at last census (2004). The
next census, which was postponed due to
the Ebola outbreak, is now planned for
December 2015. Around 38 per cent. of
the population live in urban areas.
Geography: Situated in West Africa.
Bordered to the west by the Atlantic
Ocean, to the north and northeast by
Guinea and to the south and southeast
by Liberia.
Area: 71,740km2
GDP: US$4.4 billion falling by 12.8 per
cent. from the 2014 figure, though
currently predicted to rebound to 8.4 per
cent. growth in 2016 if iron ore production
returns to its previous levels (April 2015
estimate). Over the past ten years (until
2014), GDP has been continually (and
increasingly) on the rise. In 2013, before
Ebola hit the country, Sierra Leone’s
real GDP growth rate was more than
20 per cent.
Currency: Leone (Le)
Official language: English
Core industries: agriculture (key crops,
such as rice, sugar, oil palm and cocoa, as
well as agribusiness functions relating to
trading and/or processing); diamonds
(over 600,000 carats exported in 2013),
iron ore (one of the world’s largest iron ore
deposits at African Minerals’ Tonkolili mine
contains an estimated 12.8 billion
tonnes), rutile (the world’s largest
reserves, producing an estimated 120,000
tonnes of contained titanium dioxide in
2014), gold (producing approximately 141
kg worth of gold in terms of mine output in
2012 and 193 kg in 2014) and bauxite
mining (including the country’s Port Loko
deposit, which contains 100 million tonnes
of bauxite reserves). Tourism is another
key sector in the country, with potential
to tap into sub-Saharan Africa’s
US$66 billion tourism industry.
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 thelegal framework
for FDI.
Part I
Investing in Sierra Leone
1 Unless indicated otherwise, figures have been
sourced from the IMF.
12
Key exports and imports: as detailed
further in Part II of this Investor Guide,
Sierra Leone’s main exports are in the
mining and agriculture sectors. Until 2012,
diamonds were the main export in Sierra
Leone. Iron ore has since taken its place,
accounting for 55.7 per cent. of total
exports in 2013. The mining sector
accounts for roughly 90 per cent. of annual
export revenues. At the time of publication,
Sierra Leone’s exports are worth
approximately US$765 million, of which
mineral resources account for
approximately 75 per cent., followed
closely by cocoa (8.5 per cent.) and coffee.
Sierra Leone’s main imports are machinery
and transport equipment (largely relating to
mining and oil investment projects and
accounting for approximately 50 per cent
of total imports) and fuel (10 per cent). The
Bank of Sierra Leone expects exports to
decrease in the short term and level out in
the medium term, and for imports to
increase.
History & politics: Sierra Leone gained
independence from Britain in 1961. From
1961 to 1998 the political system shifted
between multi-party democracy, military
rule and one-party rule. Sierra Leone has
remained a multi-party democracy since
1998. The country emerged from a
decade-long civil war in 2002.
The Constitution recognises three
branches of government: legislative,
executive and judicial. Parliamentary terms
last for five years and the President may
not serve for more than two terms, whether
or not those terms are consecutive.
The current President, Ernest Bai Koroma
of the All People’s Congress Party, is
serving his second term, having been
re-elected in 2012 (winning 58.7 per cent.
of votes). His party also holds 67 of the
112 nationally-elected seats. 12 additional
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
not allow an incumbent to stand for a third
term. A peaceful, credible and stable
transition of power would increase investor
confidence by providing a reduced risk of
shock and greater predictability.
Foreign aid: The country remains largely
dependent on foreign aid. The current
account deficit was estimated to be
US$511.8 million in 2013 and US$466.9
million in 2014. The deficit is projected to
be US$582 million for 2015.
Sierra Leone benefits from the support of
various international agencies, including
the United Nations Development
Programme (UNDP), the World Bank, and
the UK Department for International
Development (DFID).
Governance
The GoSL is led by a President elected
directly by the people and who is also the
Head of State and Commander-in-Chief of
the armed forces.
Within the GoSL, the Ministry of Trade and
Industry has oversight of policies relating
to domestic and international trade.
SLIEPA is responsible for policies to
improve the investment climate, promote
local and export trade and encourage the
development of small-to-medium-sized
businesses. SLIEPA has thus far focused
on FDI in key economic sectors including
agriculture, marine resources, mining,
energy and tourism sectors.
A system of local government was
established by the Local Government Act
2004. It comprises 19 councils: five city
councils, one municipal council and 13
district councils. The Decentralization
Secretariat was established under the
World Bank’s Institutional Reform and
Capacity Building Project to promote
decentralisation.
Rule of law
Constitution
Sierra Leone’s Constitution contains
certain investment protections, such as the
right not to be deprived of one’s property,
described further below. There are
numerous provisions that uphold the
separation of powers between the
legislative, executive and judicial branches
of government.
The Supreme Court has power to rule on
all matters relating to the interpretation of
the Constitution and in relation to any
question concerning whether Parliament,
or any other authority, has exceeded its
powers. Parliamentary Committees also
have a duty to investigate the activities and
administration of the executive Ministries.
Transparency and Accountability
Sierra Leone is a party to the UN
Convention Against Corruption.
Domestically, the Anti-Corruption
Commission (ACC), established under the
Anti-Corruption Act of 2000, as amended
in 2008, is the body responsible for
investigating allegations of, and educating
the public on, corruption.
Sierra Leone scored 3.0 out of 6.0 for
transparency, accountability, and corruption
in the public sector ratings (where 1.0
indicates low transparency levels and 6.0
high transparency levels) on the World
Bank’s 2014 Country Policy and
International Assessment. In the same
year, Sierra Leone ranked 119 out of 175
in Transparency International’s Corruption
Perceptions Index (CPI), with a score of
31/100.
Introduction Part I Part II Part III Looking to the Future
13
While there is still work to be done,
Sierra Leone is heading in the right
direction, with a key outcome in the
GoSL’s Justice Sector Reform Strategy
and Investment Policy (JSRSIP III) for
2015-2018 being the strengthening of
anti-corruption institutions and
mechanisms. It is encouraging that Sierra
Leone has seen a consistent improvement
in its CPI ranking over the past six years.
The 2014 Index put Sierra Leone ahead of
21 other sub-Saharan African countries,
including common investment destinations
such as Nigeria and Kenya. On a global
level, Sierra Leone’s ranking surpasses
many other emerging investment markets.
Sierra Leone has made significant efforts
to regulate the procurement process to
ensure transparency and accountability in
public procurement. The National Public
Procurement Authority (NPPA), which was
established under the Public Procurement
Act of 2004, is mandated with the task of
overseeing and monitoring procurement
across MDAs and local councils, building
capacity and assisting with policy
formulation. The NPPA has made
significant reforms to the public
procurement system, creating regulations
to support the implementation of the
Public Procurement Act, developing
user-friendly manuals for compliance with
the regulations, and producing standard
bidding documents and requests for
proposals. The NPPA does not have
enforcement powers however it can refer
any cases of non-compliance with
procurement laws to the ACC.
Sierra Leone’s Audit Service, established
in 1998, works to ensure greater
accountability, efficiency and effectiveness
in the distribution and use of public funds.
In 2014, the Audit Service had its mandate
to audit and report on all public accounts
extended. Its remit covers all public bodies
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
success of its independent operations is
reflected in the real-time audit it conducted
during the Ebola crisis.
In 2013, the Right to Access Information
Act was implemented providing access to
information held by public bodies. The
GoSL has built on this, announcing the
launch of an Open Data Portal in May
2015. The Portal will make available
information on economic recovery and
public services as well as open contracting
data, budget data and data on
development assistance.
A medium-term Public Finance
Management Reform Strategy has
been developed for the period 2015-
2017 to improve the credibility and
transparency of fiscal and budget
management under the new Public
Financial Management Improvement
and Consolidation Project, funded by
the GoSL and the Multi-Donor Budget
Support Partnership (made up of the
World Bank, European Union (EU),
DFID and the African Development
Bank (AfDB)).
Business and Human Rights
Sierra Leone is party to numerous
international and regional human rights
treaties which may be relevant in a
commercial context, including the
International Covenant on Civil and Political
Rights, the International Covenant on
Economic, Social and Cultural Rights, the
Convention Against Torture and Other
Cruel, Inhuman and Degrading Treatment
or Punishment, the Convention on the
Elimination of All Forms of Discrimination
against Women, and the African Charter
on Human and Peoples’ Rights. Chapter III
of the Constitution concerns the
“Recognition and Protection of
Fundamental Human Rights and Freedoms
of the Individual.”
Human rights concerns have been identified
in a number of areas, including in relation to
gender equality and rights relating to sexual
orientation, labour rights and land
acquisition, along with sector-specific
concerns such as mining conditions.
However steps have been taken to enhance
human rights protection, with steady
improvement being seen since the civil war
ended in 2002, including through the
establishment of the Sierra Leone Human
Rights Commission (the HR Commission)
in 2004 with a mandate to protect and
promote human rights across the country.
The Commission is accredited by the UN’s
Office of the High Commissioner for
Human Rights and has been active in
investigating human rights concerns. The
HR Commission advises the GoSL on draft
legislation which may have an impact on
human rights. It has also played an active
role in the constitutional review process
launched in July 2013. Individuals may
report concerns of human rights violations
directly to the HR Commission.
In 2013, following a public inquiry into
human rights concerns, the HR
Commission partnered with human rights
institutions in Denmark and Ireland to
develop Guidelines for Monitoring Human
Rights and Business in Sierra Leone.
The Guidelines are intended to be used by
the GoSL, district human rights
commissions and civil society to promote
respect for human rights in business
activities. The HR Commission is preparing
the country’s report to the UN Human
Rights Council’s Universal Periodic Review,
which is due to be submitted in October
2015.
14
In addition, the National Commission for
Social Action has been active in promoting
the rights of those with disabilities in Sierra
Leone, providing rehabilitation grants to
over one thousand conflict victims,
including amputees. Legislative reforms
include the Persons with Disability Act
2011, which transposed the Convention on
the Rights of Persons with Disabilities into
domestic law, gender justice laws and the
Child Rights Act 2007.
Dispute Resolution
Law and Courts
Sierra Leone has a two-tiered legal system
based on the English common law model.
Outside of Freetown and the Western
Area, local customary law also applies. The
court system comprises of two levels, the
Superior Courts (High Court, Court of
Appeal and Supreme Court) and the Lower
Courts Magistrates Court and Local
Courts. The High Court houses a number
of different divisions, including the Fast
Track Commercial Court (FTCC). The
Court of Appeal deals with appeals from
the High Court. The Supreme Court is the
country’s final appeal court.
Civil proceedings are normally commenced
by a writ of summons or originating
summons filed together with a statement
of claim at the High Court or District
Registry. The length of time between
issuance of a writ of summons and the
start of a trial can take up to three months
and the length of time from trial to final
judgment can extend to over a year.
Proceedings often advance at a slow pace
due to frequent adjournments and
procedural issues. The Ebola outbreak has
caused further delays within the machinery
of justice, leading to an increase in the
already substantial backlog of cases.
The FTCC was established in 2010 with
the aim of reducing the time taken to
resolve commercial disputes. The
efficiency of the new Court has also been
impeded by the Ebola crisis. The first
full-time FTCC judge was appointed in
April 2015 and the process is under way to
appoint a second. Judges from other
divisions of the High Court and Court of
Appeal split their time between those
courts and the FTCC.
Foreign investors can access the court
system, although it has also been criticised
as potentially subject to financial and
political influence. The GoSL’s JSRSIP III
sets out various planned system reforms to
increase the efficiency of the court system.
The EU, UNDP, Ireland, Japan and the UK
are also supporting judicial reform projects
in Sierra Leone with a similar objective.
The judiciary is headed by the Chief
Justice, who, along with other judges of
the Superior Courts, is appointed by the
President on the advice of the Judicial and
Legal Services Commission. Each
appointment is subject to Parliamentary
approval. Before appointment, judges must
have been entitled to practise as counsel
in Sierra Leone (or a country with an
analogous legal system) for 10, 15 or
20 years for the High Court, Court of
Appeal and Supreme Court respectively.
Foreign Judgments and
Foreign Law
The Sierra Leonean courts recognise
foreign judgments emanating from a
jurisdiction which shares a bilateral or
reciprocal enforcement treaty with Sierra
Leone. UK judgments benefit from such an
agreement for instance. In order to enforce
a foreign judgment in Sierra Leone, a party
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.
Sierra Leone has a dualist system and as
such international law is not directly
applicable domestically. It must first be
translated into national legislation before it
can be applied by the national courts.
Arbitration
Express contract terms providing for the
final settlement of disputes through
arbitration will be enforceable. The High
Court will generally stay proceedings
where there is a valid arbitration
agreement. In practice, this is only done
where the clause does not (explicitly or
implicitly) exclude the jurisdiction of the
Sierra Leonean High Court.
Sierra Leone is currently not a party to the
New York Convention on the Recognition
and Enforcement of Foreign Arbitral
Awards (the New York Convention).
However, acceding to the New York
convention has been identified as a
national priority under the JSRSIP III. It is
thought this will be implemented in the
near future.
Although Sierra Leone is not party to the
New York Convention, under the national
legislative framework awards in arbitrations
situated outside of Sierra Leone can be
registered with the High Court and may
then be enforced as if they were
judgments of the High Court of Sierra
Leone, subject to the permission of the
court. Investors should note that the Court
may refuse to register arbitral awards in
limited circumstances such as fraud,
insufficient notice, or where enforcement
would be contrary to public policy.
Introduction Part I Part II Part III Looking to the Future
15
Finance and Banking
Banking Facilities
Sierra Leone’s banking system is overseen
by its central bank, the Bank of Sierra
Leone. Thirteen commercial banks operate
in the country, including one regional and
one domestic bank as well as seven
Nigerian, two pan-African and two
State-owned banks. The two largest
commercial banks in terms of customers
and assets are the Sierra Leone
Commercial Bank and Rokel Commercial
Bank.
All commercial banks are headquartered in
Freetown. Accounts can be held in foreign
and domestic currencies. Automated teller
machines (ATMs) are available. Credit
cards are not widely used owing to poor
connectivity. Transfers of over US$10,000
in value must be sent through the banking
system with the objective of ensuring
transparency.
Banks cannot lend in foreign currencies,
which is a limitation on local business
expansion. This can in turn impact the
supply chains of large foreign-run
businesses.
Foreign Exchange
Currency can be freely converted in Sierra
Leone, subject to its availability. The Leone
is not pegged to a foreign currency and
has a floating exchange rate. Exchange
rates were fairly flat in Q1 2014, trading at
an average of USD/SLL 4360, but started
rising in Q2 2014 largely due to the impact
of Ebola and challenges in the mining
sector. The depreciation peaked in
November with an average rate of USD/
SLL 5050, representing almost 16 per
cent. year-on-year depreciation. Since then
marginal appreciation has been seen, with
trading at an average rate of around 4870
at end May 2015.
The Bank of Sierra Leone conducts weekly
foreign exchange auctions but limits the
amount a single bidder can purchase to
US$100,000 (US$ is currently the only
currency offered at these auctions). Only
commercial banks operating in the country
are entitled to take part and foreign
currency purchased through the auction
must be used for imports of goods.
Access to Credit
The World Bank’s 2015 Global Report on
Doing Business ranked Sierra Leone at
151 out of 189 economies for “getting
credit”. The regional average for the rest of
sub-Saharan Africa was 122. The category
was assessed by reference to (a) movable
collateral laws (that is the strength of legal
rights of borrowers and lenders in secured
transactions) and (b) credit information
systems (the sharing of credit information).
In terms of specific scores on the strength
of legal rights, Sierra Leone ranked above
regional comparators such as the Gambia
and Liberia, but sat below Nigeria, Kenya
and Rwanda among others. Higher scores
on strength of legal rights indicate that
collateral and bankruptcy laws are better
designed to facilitate access to credit.
Along with 33 other countries, Sierra
Leone’s score for access to credit
information is zero. Although the Credit
Reference Act 2011 (CRA) does provide
the legislative framework for the Bank of
Sierra Leone to operate an interim Credit
Reference Bureau Unit, where such units
are not operational or cover less than 5 per
cent. of the adult population on the depth
of credit information, the World Bank
Report scores the country at zero for this
category. The World Bank report does not
cover access to credit more generally.
Interest rates for commercial loans are
relatively high. In November 2014, the
GoSL enacted the Borrowers and Lenders
Act, which applies to security interests in
movable property, establishing the
framework for lenders to register charges
on the borrowers’ moveable assets. The
legislation provides for priority by date of
registration and contains provisions in
relation to the enforcement of such
collateral. It should be noted that the Act’s
scope appears to be limited to “lenders”,
which are defined as commercial banks or
other financial institutions licensed by the
Bank of Sierra Leone. The framework
established by the Act brings structure to
an area which to date has been unclear. It
is hoped the Act will improve access to
finance and provide lenders with the
confidence that their collateral over
movables has a solid legal framework
supporting it.
To support small and medium enterprises
(SMEs) in Sierra Leone, the Ministry of
Trade and Industry has introduced an SME
Policy, which facilitates access to credit
and provides subsidies and incentives
(such as a special interest rate) for SMEs.
Taking Security
Security by way of fixed or floating charge
can be taken over any class of assets,
including land, receivables, cash and
shares. The charge and instrument must
be registered with the Corporate Affairs
Commission within 21 days of the date of
its creation. There are few restrictions on
the timing and value of enforcement of
security. However, there is no guarantee
that secured creditors will be paid first, and
a creditor cannot enforce against an
insolvent debtor without the court’s
permission. Insolvency proceedings can be
resolved expeditiously through the FTCC.
16
Following amendments to the Companies
Act in 2014, there are also generally few
restrictions on foreign companies (i.e.
those not registered to do business in
Sierra Leone) to prevent them from
enforcing contractual obligations in the
courts of Sierra Leone, for example in
terms of foreclosure.
The GoSL continues to enact reforms to
strengthen the market for security, expanding
permissible security to include both future
assets and replacements for already secured
assets, and establishing a public credit
registry to facilitate lenders’ credit checks.
Anti-Money Laundering
Sierra Leone is not on the Financial Action
Taskforce list of countries suffering from
strategic deficiencies in Anti-Money
Laundering (AML) provisions, but was
identified as a jurisdiction of concern in the
United States (US) Department of State
2014 International Narcotics Control
Strategy Report due to a combination of its
position as a strategic sea port and a lack
of restrictive border controls.
The GoSL enacted the Anti-Money
Laundering and Combating of Financing of
Terrorism Act in 2012, criminalising terrorist
financing (and the failure to report such
financing), introducing AML compliance
requirements such as “Know Your
Customer” and other verification checks,
and imposing record-keeping requirements.
The Act also establishes the Financial
Intelligence Unit (FIU), which has wide
investigatory powers in respect of money
laundering and suspicious transactions.
The Regulation on Terrorism Prevention
(Freezing of International Terrorists’ Funds
and other Related Measures), which deals
with the freezing of funds in accordance
with UN Security Council Resolutions
1267 and 1373 awaits parliamentary
approval at the time of publication of this
Investor Guide. Revised guidelines on
preventing money laundering and terrorist
financing for both financial and non-
financial institutions have been issued by
the FIU and Bank of Sierra Leone.
The Intergovernmental Action Group
Against Money Laundering in West Africa,
established by ECOWAS in 2000, which
works towards the development of AML
strategies in the region, last reported on
Sierra Leone in 2013 (the 9th follow-up to
the 2006 Mutual Evaluation). Its report
highlighted the progress made by the
enactment of the Anti-Money Laundering
and Combating of Financing of Terrorism
Act 2012 and increased domestic
cooperation in investigating transnational
organised crime, including money
laundering. The Report also identified
challenges that still remain in terms of
supervision of AML compliance and the
resourcing of the FIU.
Investing in Sierra Leone
In its Post-Ebola Recovery Strategy, the
GoSL sets out its objectives for restoring
and strengthening trade and private sector
activities. These are to: (i) increase the
capacity of the professional wing of the
Ministry of Trade and Industry and its role
in coordinating all trade and business
matters across the economy; (ii) make
SLIEPA more functional and proactive in
the promotion of investment and export
opportunities; (iii) reduce interest rates to
promote agriculture and small-scale
business operations and the general
development of the private sector; and (iv)
promote public private partnerships (PPPs)
in the provision of public services.
Lack of Restrictions
In 2015 the country ranked 140 out of
189 countries in the World Bank’s
“ease of doing business” review. The
review places Sierra Leone above the
average ranking for sub-Saharan
Africa, coming below only Ghana and
Kenya in terms of regulatory practice to
best performance, and ranking above
neighbouring Senegal, Guinea and Liberia.
Much higher than its overall ranking
were Sierra Leone’s rankings in the
categories of “starting a business” (91),
where it ranked above Ghana (96), Nigeria
(129) and Indonesia (155); and
“protecting minority investors” (62),
where it was ranked above many
developing country markets in sub-
Saharan Africa as well as other emerging
investment markets outside of the region,
such as China and Russia. Lower rankings
included infrastructure-related criteria,
such as “getting electricity” (172) and
“registering property” (158).
At the domestic level, there are few
specific restrictions, controls, fees or taxes
on foreign ownership of companies in
Sierra Leone. Foreign companies can own
Sierra Leonean companies (including
outright) subject to certain registration
formalities being completed.
An exception to this general rule applies to
investments in mining of less than
US$500,000, which require a Sierra
Leonean holding of 25 per cent. Foreign
and domestic investors are treated the
same under the law regulating this area.
Investors can also use foreign technical
and unskilled workers in their businesses
situated in Sierra Leone.
As mentioned above, SLIEPA provides
investors with information on how to
register their businesses and assists with
obtaining relevant licenses and permits. To
this end, the GoSL has established a “one
stop shop” at the Office of the
Administrator and Registrar General
(OARG).
Investors should note that some practical
restrictions are reported to exist in relation
to registering transfers of shares.
Difficulties with this process have been
expressed by foreign investors in the past,
however the changes brought in by the
2014 amendment to the Companies Act
have now clarified the authority of the
Corporate Affairs Commission to register
share transfers.
Introduction Part I Part II Part III Looking to the Future
17
Insurance
Two World Bank affiliated risk insurance
agencies operate in Sierra Leone: the
African Trade Insurance Agency and the
Multilateral Investment Guarantee Agency.
Both agencies provide various kinds of
insurance (including against political risk)
to investors, suppliers and lenders.
Land Ownership
Foreign investors cannot own land outright
in Sierra Leone but can take leases for
terms of up to 99 years. Further details on
the land regime can be found in Part I of
this Investor Guide.
Repatriation of Profits
After the payment of taxes, profits earned
by foreign investors may be freely
transferred abroad. This includes dividends
paid to a parent company incorporated
outside Sierra Leone. Investors are also
able freely to repatriate funds received
from the liquidation of a business and
awards from the settlement of disputes.
Transfers of repayments of principal and
interest on arm’s length third party loans
contracted outside Sierra Leone and
registered with the Bank of Sierra Leone
are also allowed without restriction, subject
to the payment of any withholding tax due.
Expropriation
There is no history of expropriation of
property belonging to foreign investors in
Sierra Leone and the law provides
protection against it taking place (see
Part I for further details).
Technology Transfer
There are no technology transfer
requirements applicable to foreign
investments in Sierra Leone. Investors are
not required to invest in manufacturing,
research and development, or service
facilities in Sierra Leone in order to secure
approval for major procurements.
Investment Context
Taxation
2015 Tax rates:
Corporation tax Resident companies Non-resident companies
Basic rate 30 per cent 30 per cent
Mining companies 30 per cent 30 per cent
Capital gains 30 per cent
(Subject to a minimum
chargeable threshold of
Le3.6 million (US$829) per
annum or per transaction)
30 per cent
(Subject to a minimum
chargeable threshold of
Le3.6 million (US$829) per
annum or per transaction)
Goods and
Services Tax
15 per cent
(Subject to exemptions for
exports of goods (excluding
minerals) stores on vessels and
aircraft leaving Sierra Leone
and various exempt supplies2;
and for businesses with an
annual turnover of less than
Le350 million (US$82,000))
15 per cent
(Subject to exemptions for
exports of goods (excluding
minerals) stores on vessels
and aircraft leaving Sierra
Leone and various exempt
supplies; and for businesses
with an annual turnover of
less than Le350 million
(US$82,000))
Rental income 10 per cent
(Subject to an allowance of
20 per cent for repairs and
maintenance and a tax free
threshold of Le3.6 million
(US$829)
25 per cent
(Final tax for non-resident
companies)
Dividends 0 per cent
(Dividends received by a
resident company from another
resident company are exempt
from tax)
10 per cent
(Final tax for non-resident
companies)
Interest 15 per cent
(Interest on government
development stocks is exempt
from tax)
15 per cent
(Final tax for non-resident
companies)
Royalties 25 per cent 25 per cent
(Final tax for non-resident
companies)
Natural resource
payments
25 per cent 25 per cent
Payments to
contractors
5 per cent 10 per cent
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
Visa requirements applicable to foreign
citizens vary depending on the purpose of
their travel. A “Landing Visa” is required for
entry into Sierra Leone unless the individual
concerned is a citizen of a country which is
a member of the ECOWAS. Members
include Benin, Burkina Faso, Cape Verde,
Côte d’ Ivoire, The Gambia, Ghana, Guinea,
Guinea Bissau, Liberia, Mali, Niger, Nigeria,
Sierra Leone, Senegal and Togo.
A work permit is required for foreign
individuals who wish to work in Sierra
Leone. Visas and work permits may be
obtained from Sierra Leonean diplomatic
missions abroad. Visas can also be
purchased at Lungi International Airport on
arrival, however it is advisable to obtain the
relevant visa before travelling.
GoSL Approach
A standardised approach to FDI has not
yet been developed throughout GoSL.
Currently, foreign investors may find
themselves dealing primarily or exclusively
with a single ministry, which can present
challenges for investors carrying out due
diligence and cause delays where other
ministries or stakeholders become involved
at a later stage. The GoSL, through
SLIEPA, is addressing these concerns by
establishing an Investment Management
Framework to evaluate and provide
oversight of investment in the country.
Dialogue between the GoSL and foreign
investors is encouraged. SLIEPA provides
“investor aftercare” to support established
investments and build long-term
relationships with foreign investors in
Sierra Leone.
With the support of the EU, AfDB and the
World Bank, SLIEPA held its first public-
private investor aftercare roundtable in
June 2014. In his keynote speech,
President Koroma described the
roundtable as a “platform for networking
and exchanging views on business and
investment relations” to allow “local and
international private sector players to
advise government on how to improve the
investment climate together”. President
Koroma acknowledged the role and power
of the private sector in the “sustainable
transformation of the country.”
Interaction with Local Communities
Investors in large-scale and potentially
disruptive investment projects should be
aware of the impact their investment may
have on local communities in the areas
affected. Foreign investors must be
sensitive to the tension that can arise in
cases where the effect of the investment
on the local community involves, for
example, relocation, forced evacuation,
land degradation, and lack of community
benefit and community participation.
Consultation and engagement with local
communities during the entire investment
process (including before and after
implementation) in cases of large-scale
investment is therefore key to building a
successful long-term investment and
avoiding tensions.
Workforce
Many of Sierra Leone’s professional classes
left the country during or as a consequence
of the civil war. However, a wide range of
organisations are working on developing
Sierra Leone’s human resources.
In 2008, President Koroma established the
Office of Diaspora Affairs (ODA) to
respond to the need to build capacity
within the GoSL Ministries, Departments
and Agencies (MDAs). Although the Ebola
crisis has affected the return of talented
members of the diaspora to the country,
such movement is likely to resume and
gain pace in the medium term.
Ebola-related Restrictions
Although some countries have relaxed
travel restrictions introduced in response to
the Ebola outbreak, many remain in place.
At the time of publication, a number of
airlines are revisiting such restrictions with
a view to reinstating their pre-Ebola flight
schedules. Restrictions and modifications
are reported to be increasingly relaxed as
the virus subsides.
Introduction Part I Part II Part III Looking to the Future
19
Policy and the Legislative
Framework
Introduction to the Legal
Landscape
The GoSL’s poverty reduction strategy, the
A4P, superseded the Agenda for Change
in 2013. At its core is the vision for Sierra
Leone to become a “middle-income”
country by 2035.
To achieve this, the A4P sets out eight key
pillars which acknowledge the need to
better manage the country’s natural
resources; improve the provision of
healthcare, power and water; and tackle
corruption. Private sector-led growth
underpins the A4P’s key pillars and the
GoSL openly states that it will work to
remove constraints in all sectors in order to
encourage it.
The 8 Pillars of the A4P
Pillar 1 – Diversified Economic
Growth
Pillar 2 – Managing Natural
Resources
Pillar 3 – Accelerating Human
Development
Pillar 4 – International
Competitiveness
Pillar 5 – Labour and Employment
Pillar 6 – Social Protection
Pillar 7 – Governance and Public
Sector Reform
Pillar 8 – Gender and Women’s
Empowerment
Positive steps taken to improve the
investment climate so far include the
enactment of the Companies Act 2009
and the establishment of the FTCC (see
Part I above) in 2010. The GoSL continues
to take measures to address those
legislative and regulatory obstacles which
remain. For instance, the GoSL has
included a dedicated commercial law and
justice pillar in its JSRSIP III. The strategy
includes plans to strengthen institutional
capacity, reform out-dated legislation such
as land and labour laws, and accede to
relevant international instruments.
This section of the Investor Guide provides
an overview of the laws and regulations
that affect the entry into and success of
FDI within the country and the GoSL’s
legislative plans for the future.
Entry and Establishment
International Context
Sierra Leone is a member of the World
Trade Organisation (WTO). As described
above in Part I, the GoSL encourages the
entry and establishment of FDI, however
limitations on entry and establishment
remain in the services sector. Sierra
Leone’s schedule in the WTO’s General
Agreement on Trade in Services (GATS)
details the full list of restrictions3. These
cover a range of professional services,
auxiliary transport, internal waterway and
rail transport and qualifications for
establishing an insurance firm or a bank.
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.
Through its membership of the broader
West African community, Sierra Leone has
concluded a number of international
agreements with the EU and the US.
These agreements form part of a strategy
to reduce barriers to trade and increase
flows of investment into West Africa,
signalling a more positive approach
towards foreign investors from the EU and
US. Examples include:
>Economic Partnership Agreements,
which are trade and development
agreements negotiated between the EU
and African, Caribbean and Pacific
regions. The EU has recently concluded
an Economic Partnership Agreement
with West Africa which covers trade in
goods and services (including provision
for further negotiations) and contains
other investment and trade-related rules.
The signing process is ongoing at the
time of publication.
>The US has signed a Trade and
Investment Framework Agreement with
ECOWAS. The US Government
describes the Trade and Investment
Framework Agreement as providing a
mechanism for expanding trade and
investment both between the US and the
15 ECOWAS member states, and also
across the entire ECOWAS region.
>The US is currently exploring a potential
framework trade agreement with the
MRU.
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 nationals benefit from full
equivalency or “national treatment”,
meaning that they are treated in the same
way as Sierra Leone nationals and are not
subject to any of the restrictions found in
Sierra Leone’s schedule to the WTO’s
GATS.
With limited exceptions, “national
treatment” is also generally granted to
ECOWAS nationals. It should be noted that
the definition of “national treatment” has
not been formalised at a domestic level, so
there may be some uncertainty as to its
scope within the domestic legal framework.
Domestic Context
The IPA is the foundation of the legal
framework for foreign investment in
Sierra Leone.
Under the IPA, the majority of business
sectors are open to foreign ownership.
Only a small number of industries are
subject to statutory ownership restrictions.
As mentioned above, the main restrictions
on FDI into Sierra Leone lie in the services
sector.
ECOWAS countries
Guinea
Sierra
Leone
Liberia Côte d’Ivoire
MRU countries
Entry limitations apply to the maritime and
airport services sectors preventing foreign
persons or firms from holding licences for
clearing or forwarding air or sea freight
cargo operations. At the time of
publication, these facilities are delivered
directly by the GoSL through the Ministry
of Transport and Aviation.
Treatment and Protection of
Foreign Investments
International Context
Bilateral Relations
Sierra Leone has three BITs: with
Germany (1965); the UK (1981, revised
in 2000); and China in (2001, not yet in
force). These BITs contain standard
investment protections such as national
treatment, fair and equitable treatment and
protection against unlawful expropriation.
The Sierra Leone Ministry of Finance and
Economic Development and National
Revenue Authority are undertaking a
review of these existing treaties. Kenya
and Qatar have formally requested BITs
with Sierra Leone, however these are on
hold pending the outcome of the review.
Sierra Leone has double taxation
treaties with South Africa, the UK and
Norway. There are plans to agree to
further such treaties. Investors based in
jurisdictions other than those with a double
taxation treaty will need to consider the
potential for double taxation and may need
to rely on the tax rules of their own
jurisdiction. Such investors should seek
specialist tax advice as to whether
unilateral relief is available to them.
Multi-Lateral Agreements
Sierra Leone is not a party to the New York
Convention. This means that enforcing
foreign arbitral awards in Sierra Leone is
neither straightforward nor certain.
Acceding to the New York Convention
has been identified as a priority under
the JSRSIP III. Those countries that are
party to the New York Convention are
required to recognise and enforce arbitral
awards made in other New York
Convention contracting states with very
limited and strictly construed exceptions.
For an international investor this would
mean that arbitral awards rendered outside
of Sierra Leone could be more easily
enforced within the country, and vice versa.
Sierra Leone is, however, party to the
International Centre for Settlement of
Investment Disputes Convention (ICSID
Convention). Sierra Leone is therefore
able to use the processes established
under that Convention for arbitrating
investment disputes. It is also bound by the
provisions relating to enforcement of ICSID
awards from other ICSID Convention
Contracting States. Until Sierra Leone
accedes to the New York Convention, this
offers a distinct advantage of ICSID
arbitration over London Court of
International Arbitration (LCIA) or
International Chamber of Commerce (ICC)
arbitrations, which (in the absence of
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
“National treatment” of ECOWAS member
states is based on reciprocity. This covers
the entry and establishment of investments
and also how they are treated once
established.
Sierra Leone is a member of the
Organisation of Islamic Cooperation (OIC)
which was established in 1969 and aims
(among other things) to enhance and
consolidate economic and trade links
between Islamic states. The agreement for
the protection, promotion and guarantee of
investments among OIC member states
contains standard provisions on the
treatment of foreign investments and
provides for disputes to be resolved
through conciliation or arbitration.
Domestic Context
Following the enactment of the IPA, the
GoSL implemented the Investment Code in
2005 to protect companies investing in
Sierra Leone. Under the Code, the GoSL
is mandated to promote joint ventures
and protect full foreign ownership. The
Code safeguards foreign investors against
discriminatory economic policies and
ensures that foreign ownership and control
are not limited.
Sierra Leone’s Constitution protects every
person from “deprivation of property
without compensation.” This includes
foreign and domestic private investors. The
Constitution sets out the limited
circumstances in which expropriation can
take place, including circumstances where
it is in the interests of defence, public
safety and health or town and country
planning; or to promote the public welfare
of the citizens of Sierra Leone. The
Constitution provides for the prompt
payment of adequate compensation in the
event of compulsory possession or
acquisition of land. Further protections are
included under the IPA and Investment
Code. At the date of publication, there are
no records of expropriation having
occurred in Sierra Leone.
Key Legislation Affecting
Businesses in Sierra Leone
Investment Incentives
Sierra Leone’s Income Tax Act 2000 and
the multiple Finance Acts enacted since
2010 contain various incentives to
encourage private sector investment and
promote the inflow of foreign capital and
technology into Sierra Leone.
These include income tax exemptions,
deductions for income tax purposes, import
duty exemptions and goods and services tax
exemptions. Such incentives are contingent
on the satisfaction of relevant criteria
including the need to improve local content,
which is explored in further detail below.
General incentives include income tax relief
on plant, machinery and equipment; a three
year grace period on import duties for new
and existing businesses importing plants,
machinery or equipment; lower import duty
rates for raw materials; and 100 per cent.
tax deductions for expenditure on research
and development, training, and the
development of social services (such as the
building of schools and hospitals).
Sector-specific incentives have also been
implemented for investments in agriculture,
energy, infrastructure, tourism and
pharmaceuticals. These are outlined in the
relevant sections in Part II below.
Additional incentives are provided to
Special Economic Zone (SEZ)s, including
import and export duty exemptions,
three-year corporate tax holidays and
expedited government services including
customs, immigration and registration.
The non-profit international development
agency World Hope International has
established an SEZ near Sierra Leone’s
principal seaport in Freetown. The
GoSL is considering the establishment
of further SEZs in other parts of the
country under its Post-Ebola Recovery
Strategy.
The Investment Management Framework
referenced in Part I of this Investor Guide,
will include an Investment Incentive Code
with the aim of streamlining tax and
non-tax incentives offered to foreign and
domestic investors. An inter-ministerial
Investment Committee will also be
established to examine investors’ eligibility
for exemptions and duty waivers.
Company Law
The Companies Act 2009 provides for the
registration and incorporation of
companies in Sierra Leone. The Act is
extensive and includes provisions
governing a company’s formation, share
capital, meetings and directors’ powers and
duties. The Act created the Corporate
Affairs Commission, which regulates the
establishment of new companies, enforces
compliance with procedural requirements,
and handles the incorporation and
registration of companies in Sierra Leone.
The Companies Act was amended in 2014
to remove administrative barriers in the
process of incorporating companies in
Sierra Leone, reduce the number of
offences created by the Act and bolster
provisions on the extent of directors’
liability and duties of disclosure.
Compliance with the Companies Act is
considered a priority in order to ensure a
more detailed, comprehensive and
transparent companies register. The
Corporate Affairs Commission has
therefore been given a mandate to
de-register any company that violates the
2009 Act.
The Business Registration Act 2007 sets
out the four steps that need to be taken to
register a business in Sierra Leone. The
World Bank has reported significant
improvements in the procedure for
registering companies, with the time
taken for incorporation falling from
seven days to two or three days.
22
The Bankruptcy Act 2009 provides the
legal framework for declarations of
bankruptcy. Under the Act, an individual
who cannot pay debts of a specified
amount may declare themselves bankrupt.
The individual will then be disqualified from
holding certain elective and public offices
and from practising any regulated
profession. The Bankruptcy Act also
includes provisions to encourage and
assist ailing businesses to reorganise
instead of going straight into liquidation.
The Companies Act sets out the procedure
for winding up a company. This can be
done voluntarily, by the court or subject to
the supervision of the court. The
Bankruptcy Act sets out the circumstances
in which a firm may be liable to have a
“bankruptcy petition” presented to it or a
receiving order or “adjudication of
bankruptcy” made against it.
Imports and Exports
As a member of the WTO, Sierra Leone’s
“most-favoured-nation” (MFN) tariff rates
are applied to other WTO Members. This
has not been affected by the recent
implementation of the ECOWAS common
external tariff (CET), as the CET rates are
within Sierra Leone’s WTO binding
commitments. Imports from other MRU
states are duty free.
Customs clearance for imported goods
was simplified in the early 2000s. The
Customs Act 2011 further reformed import
and export requirements, providing
clarification to what was previously a
complicated and time-consuming process.
The Customs Act is administered by the
Department of Customs on behalf of the
National Revenue Authority (NRA), headed
by a Commissioner-General, and outlines
requirements for imports and exports in
terms of reporting, transfer, origin and
calculation of transfer value.4
The Customs Act outlines the power of the
Department of Customs to establish
customs zones and ensure that all relevant
information is easily available to interested
parties. The Customs Act also gives
interested parties the ability to apply for an
advance binding ruling on the tariff
classification and methods for the
determination of origin and valuation.
Recent reforms have been designed to
encourage agricultural investment.
These include the introduction of a
three-year exemption on import duties in
respect of plant, machinery and equipment.
Raw materials also attract a reduced
import duty rate of 3 per cent.
As a part of the NRA’s “modernisation
programme”, the Automated System for
Customs Data (ASYCUDA), a
computerised customs management
system covering most foreign trade
procedures, transit and suspense
procedures, was formally commissioned in
2010. ASYCUDA allows for direct trader
input, increasing efficiency and lowering
clearance time. DFID has been providing
assistance to the NRA to support Sierra
Leone’s implementation of the
modernisation programme, with a
particular focus on improving the NRA’s
governance and organisational capacity,
including in the Department of Customs.
Tax
The main taxes affecting businesses in
Sierra Leone are: taxes on corporate
profits and dividends; sales taxes; and
import and excise duties. Corporate
income tax provisions are set out in the
Income Tax Act 2000 (as amended). The
Goods and Services Act 2009 (as
amended) provides for a tax on the
consumption of goods and services within
Sierra Leone. This tax replaced a number
of existing indirect taxes. The rates of tax
for the current year are set out in the
annual Finance Act and the rates at the
time of publication are summarised in
Part I of this Investor Guide.
FDI incentives include the ability for
companies to carry forward tax losses
in any given year and tax credits for
100 per cent. of expenses relating to
research, development and training
activities.
Labour
The Ministry of Labour and Social Security
is responsible for the regulation of the
country’s labour market, but in reality most
employment in Sierra Leone is informal
and unregulated. Employment law is
out-dated and in urgent need of reform.
General employment law concepts such as
salary, holidays, redundancy and disputes
are governed by the Regulations of Wages
and Industrial Relations Act 1971 and the
Employers and Employed Act 1960.
However, these statutes do not reflect
modern employment rights standards and
as a result are often not applied. The laws
on hiring and firing are particularly unclear.
The GoSL’s 2015 Budget includes an
allocation of Le 5.3 billion (US$1.2
million) for the enforcement of labour
regulations and a review of obsolete
laws with a view to reforming the
legislative regime.
A national minimum wage of Le 500,000
(US$115) per month was introduced in
2015. A number of additional employee
protections exist under the legislation,
although their enforcement is questionable.
Sierra Leone’s National Social Security and
Insurance Trust (NASSIT) administers the
country’s national pension scheme. This is a
defined benefit scheme and is compulsory
for all public and private sectors employees
(but is voluntary for the self-employed). A
valid NASSIT Social Security Clearance
Certificate shows that all contributions due
from the employer have been made. This
certificate is required before any employer
can import, export or clear goods at a port;
obtain a permit for the construction of any
building; tender or be considered for any
contract with a public institution; register
4 Customs valuation in Sierra Leone is broadly
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
Guinée
Sierra
Leone
Liberia Côte d’ivoire
Freetown and the Western Areaany document conferring title to land; leave
the country (if they are a non-citizen); or
obtain a work permit for foreign employees.
In addition, the law requires foreign
investors to apply for a self-employment
permit and foreign employees for a work
permit. The process of obtaining these
permits is governed by multiple statutes
and involves several GoSL ministries. To
avoid any issues, work permit applications
should be submitted six months in
advance, and the permits are granted by
the Minister for Labour, taking into account
various statutory criteria which allow a
margin of discretion. Once permits are
issued they last for three years and must
then be renewed annually.
Statistics Sierra Leone conducted the first
labour force survey (LFS) in over 30 years
in 2014 to collect information on Sierra
Leone’s labour market. The LFS largely
focused on primary occupation in three
main sectors: wage employment,
agricultural self-employment, and non-
agricultural household enterprises, with the
aim of providing statistics to assist the
GoSL in policy-making and development
planning. Preliminary results of the LFS at
the time of publication indicate that 65 per
cent. of the working-age population are in
employment. Participation in the labour
market is higher in rural areas, at around
69 per cent. compared to 54 per cent. in
urban areas. The final LFS report is due to
be published in late July 2015.
Land
There is an on-going and much-needed
land reform process under way in
Sierra Leone, supported by the World
Bank. Sierra Leone welcomes foreign
investment in land, and the National
Sustainable Agriculture Development Plan
is designed to attract foreign investment.
The current regulatory framework for land
investments is underdeveloped. A lack of
transparency surrounding land deals has,
on occasion, led to protests and violence
and agribusiness ventures have
occasionally become mired in land tenure
disputes or attracted accusations of
“land-grabbing”.
Sierra Leone has been ranked 113th in the
world for protection of property rights in
the World Economic Forum Global
Competitiveness Report 2014-2015.
However, planned reforms are intended to
make the process of land acquisition by
investors more transparent.
A freehold system operates in Freetown
and the Western Area. A leasehold system
is in operation outside of those areas. The
GoSL commonly takes a head lease on
provincial land and sub-leases it to foreign
investors. Foreign nationals may hold a
lease of up to 99 years. Under the
customary land system, investors can lease
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.
It is possible to take out a mortgage in
Sierra Leone, although it is not common.
Securities are registered with the OARG in
Freetown. Registration involves the
payment of stamp duty, the rate of which
ranges from 1 per cent. to 12.5 per cent of
the loan amount, depending on the value
of the loan. A small registration fee must
be paid to the OARG. Where funds for
repayment are to be repatriated, the
relevant agreement should be registered
with the Bank of Sierra Leone. Filing and
registration takes between 48 hours and
one week. Enforcement is through the
normal court process.
At the time of publication, the GoSL is
developing a National Land Policy
which, if implemented, would entail a
dramatic overhaul and reform of the land
tenure system in Sierra Leone. The Policy
is expected to have a hugely positive
potential effect on foreign investment,
bringing clarity in a number of areas.
Plans include establishing a system of land
title registration and the creation of an
institution to set aside land for large-scale
investments.
Competition
The Ministry of Trade and Industry
oversees the regulation of anti-competitive
practices. At the time of publication, a
“Competition Policy” and a “Consumer
Protection Policy” have been approved by
the Cabinet and a draft Bill implementing
these policies is due to be put before
Sierra Leone’s Parliament in late 2015. The
2010 UNCTAD Investment Policy Review
has identified areas deserving priority
consideration, including access for
operators in the mining sector to facilities
such as roads and railways that may be
privately owned, and the competitive
determination of prices in the operation of
port services.
24
Although these policies have yet to be
finalised, it should be noted that a
Committee under the Ministry of Trade and
Industry has been mandated to oversee
the implementation of the ECOWAS Trade
Liberalization Scheme (ETLS), which aims
to ensure that goods can be circulated
freely within the ECOWAS Free Trade
Area.
State-owned enterprises still exist in the
energy, water, transport, financial and
construction sectors, but they are subject
to largely the same terms and conditions
for market access and business operations
as private enterprises.
As part of its privatisation programme, in
2002 the GoSL established the National
Commission for Privatisation (NCP) to act
as a shareholder on the GoSL’s behalf and
serve as a policy and decision-making
body with respect to the privatisation of
state-owned enterprises. Among other
things, the NCP is mandated to increase
the participation of the private sector in
state-owned enterprises. The NCP has
expressed a commitment to attracting
private sector investment, in particular with
regard to infrastructure development
projects at the Sierra Leone Port Authority
(SLPA), whose reform programme has
been supported by the World Bank.
The GoSL does not regulate prices aside
from in the petroleum sector. Prices in this
sector are regulated by the Petroleum
Regulatory Agency established in 2013 by
the Petroleum (Exploration and
Production) Act 2011.
Intellectual Property (IP)
The Sierra Leone Intellectual Property
Organization currently deals with IP issues
but there are plans to establish a
specialised IP division within the High
Court.
Sierra Leone is a member of the World
Intellectual Property Organisation (WIPO)
and the African Regional Intellectual
Property Organisation (ARIPO), the
common IP organisation for the English-
speaking parts of Africa. As a member of
WIPO, Sierra Leone must implement the
WTO’s Agreement on Trade-Related
Aspects of Intellectual Property Rights
(TRIPS).
The IP regime in place in Sierra Leone is
basic and issues have been reported
concerning the enforcement of IP rights.
The GoSL has been making efforts to
modernise the system, including working
with the International Centre for Trade and
Sustainable Development, ARIPO and
Saana Consulting to develop a TRIPS-
compliant IP regime. Despite recent
reforms to domestic IP legislation, the
enforcement of IP rights is still difficult due
to public sector capacity constraints and
the fact that IP rights are generally not well
understood.
The Patents and Industrial Designs Act
2012 allows for the direct national filing of
Patent Cooperation Treaty (PCT)
applications. An international application
under the PCT is treated as a domestic
one. The Copyright Act 2011 provides
copyright protection for authors and
enshrines in statute rules concerning
copyright eligibility, use, duration and
vesting rights. Civil and criminal sanctions
are imposed for breaches. Sierra Leone
has not passed national legislation
implementing international agreements in
respect of trademarks, but the Trade Marks
Act 2014 provides that trademarks can be
protected at the OARG.
Anti-Bribery and Corruption
The ACC has the power to investigate and
indict companies for corruption offences.
The Anti-Corruption Act 2000, as
amended in 2008, applies in respect of
both domestic and foreign companies.
Facilitation payments are a criminal
offence for which the ACC can bring a
prosecution, but such payments remain a
problem particularly in relation to public
procurement, tax and dispute settlement.
Issues also remain at local levels as the
Local Government Act 2004 does not
provide sufficient clarity on the relationship
between tribal authorities and local
councils. At the time of publication, a
review of the Local Government Act is
taking place.
In the 2015 Budget, Le4.2 billion (close
to US$1 million) was allocated to the
National Anti-Corruption Strategy with
the aim of advancing the measures
implemented in the Anti-Corruption
Act. The JSRSIP III also focuses on
strengthening the ACC through the
proposed establishment of an Anti-
Corruption Court to fast-track cases
relating to corruption offences.
As noted in Part I of this Investor Guide,
Sierra Leone has made progress on
Transparency International’s Corruption
Perception Index, climbing 39 places in the
rankings since the second Anti Corruption
Act was passed in 2008. With the JSRSIP
III’s focus on this issue, it is hoped that this
trend will continue.
Environment
An overhaul of environmental laws is under
way. The Environmental Protection Agency
(EPA) was established by the
Environmental Protection Agency Act (the
EPA Act) in 2008. The EPA is undertaking
a complete review of Sierra Leone’s
environmental laws under the auspices of
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,
and health impact assessment. The
bureaucratic process of adhering to these
requirements has caused project delays in
the past. The requirements are based on
EU law and may therefore be familiar to
international investors. The EPA is
responsible for administering and enforcing
these assessments, which are non-binding.
Enforcement action is rare and some
projects have attracted controversy.
The Mines and Minerals Act 2009
introduces measures to reduce the harmful
effects of mining activities on the
environment. Further details of these
measures can be found in the Natural
Resources section of Part II of this Investor
Guide.
Sierra Leone has long had the Wildlife
Conservation Act 1972 (WCA), which
prohibits construction, quarrying, farming
and forest clearance in any designated
national park in Sierra Leone. More
recently, Sierra Leone has renewed its
efforts to adopt international standards in
forest conservation, renewable energy and
climate change. In November 2014, the
Ministry of Agriculture launched the
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.
Local Content
There is a move towards codifying the
Local Content Policy, which was approved
in 2012 and requires a certain percentage
of jobs in each sector to be held by
nationals and the use of local suppliers
where possible. A Local Content Unit has
already been set up by the Ministry of
Trade and Industry and the relevant
legislation is expected to be enacted by
the end of 2015. There are also certain
local content requirements relating to
specific sectors as set out in Part II of this
Investor Guide.
Corporate Social Responsibility
The A4P promotes Corporate Social
Responsibility (CSR) and the creation
of a CSR framework. There is significant
encouragement from the GoSL, civil
society and non-governmental
organisations (NGOs) for inward investors
to undertake CSR projects in Sierra Leone.
Both private and State-owned enterprises
are increasingly running CSR programmes.
Common activities include the sponsorship
of education programmes, community
resource management and environmental
sustainability initiatives.
Local Content Unit
Core functions are to increase
employment for Sierra Leoneans;
improve value addition in all sectors
of the economy; promote the use of
locally produced goods and services.
Mandate is to ensure sufficient
linkages between FDI and the local
economy.
Mission is to support private sector
growth and development; create
sufficient linkage between FDI and
the local economy; and to improve
performance and competitiveness
among the Sierra Leonean workforce.
26
A holistic reform package is well
under way to address structural,
managerial, nancial and network
bottlenecks, paving the way for
future investment.
Energy
Sector in Perspective
The country’s energy needs are hugely
under-served and the lack of a reliable
energy supply is the principal impediment
to Sierra Leone’s development. Sierra
Leone currently has only 99.6 MW of
installed power capacity for a population of
6 million, and electricity transmission and
distribution network problems result in
losses of around 45 per cent. of generated
electricity.
The mining sector relies primarily on
in-house captive generation to meet its
large power demand and those not in the
mining sector often use private generators.
Estimates made in late 2013 suggest that
around 33,000 diesel generators were in
use in Sierra Leone at that time, providing
a capacity of approximately 180 MW.
Off-grid power generation in 2012 totalled
approximately 260 MW.
Increasing generation and improving
transmission and distribution continues
to be a priority for the GoSL, which has
budgeted US$15 million for procurement
in the sector in 2015. A holistic reform
package is well under way to address
structural, managerial, financial and
network bottlenecks, paving the way for
future investment. To support this, donors
such as the World Bank, Japan’s
International Cooperation Agency (JICA)
and the Inter-American Development Bank
(IDB) have provided funding of over
US$45 million for the national network
upgrade and expansion.
Positive steps have been taken in the
development of projects to increase
generation capacity and the construction
of new transmission and distribution lines
to improve access to more reliable power.
Part II of the Investor Guide sets out key points for investors,
including specic 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.
Part II
Overview of Key Sectors
Introduction Part I Part II Part III Looking to the Future
27
2015 2018
99.6
1,000.0
Power generation mw
Legal and Regulatory Landscape
The A4P recognises the various supply-
side constraints in the country and the
negative impact these can have on
economic growth derived from other
sectors such as mining and agriculture. In
line with the objectives set out in the A4P,
the GoSL’s Energy Sector Strategy
aims to dramatically increase the
availability of predictable and
sustainable power in Sierra Leone and
to diversify its power generation in
order to develop an energy mix that will
result in a tariff consumers can afford.
The regulatory framework is conducive to
investment in the energy sector. A
company may be wholly foreign-owned and
specific incentives exist for investments in
what GoSL considers to be “pioneer
industries”, such as solar energy.
The Ministry of Energy has
implemented various reforms to
improve governance and regulation and
to encourage private sector
participation and investment in line with
the A4P. These are legislated for in the
National Electricity Act and the Electricity
and Water Regulatory Commission Act,
both of which were introduced in 2011.
Reforms include winding-up the National
Power Authority, unbundling the sector into
two separate state-owned companies –
the Electricity Generation and
Transmission Company (EGTC) and the
Electricity Distribution and Supply
Authority (EDSA) – and establishing a
regulator, the Electricity and Water
Regulatory Commission (EWRC).
The reformed sector continues to operate
under a “single-buyer” model, which
requires power produced by private parties
to be sold to the national electricity
company (EGTC) or GoSL directly. The
power is then sold on to the end consumer.
The National Electricity Act enables the
participation of independent power
producers (IPPs) in power generation and
distribution, and establishes a basis for
power purchase agreements between
relevant parties.
As outlined further in the Infrastructure
section below, the GoSL established a
PPP Unit in the Office of the President in
2010. The Unit is mandated to provide
coordination and transactional support to
the GoSL MDAs, including the Ministry of
Energy, across a range of potential PPPs.
The PPP Unit is developing a
standardised power purchase
agreement to simplify and expedite
negotiations with investors in the
energy sector.
Investor Highlights
Combined urban, industrial and regional
demand in 2015 has been estimated at
around 315 MW, with 187 MW of that
demand coming from the mining sector.
Demand is projected to grow significantly
in the near future.
To meet this demand, the GoSL aims to
increase generation from 99.6 MW to
1,000 MW by 2018 through a range of
new thermal, hydro, heavy fuel oil (HFO)
and bio-mass projects, and to improve the
country’s overloaded transmission and
distribution networks. At the time of
publication, the GoSL has recently carried
out an electricity tariff review with the aim
of promoting sustainable cost-recovery in
the power sector.
The renewables side of the sector remains a
promising growth area for the country. Sierra
Leone has significant hydropower potential.
In addition to the expansion of the Bumbuna
hydro-electric plant, the GoSL has identified
up to 27 hydro power sites suitable for
development, with a total anticipated
generation capacity of 1,513 MW. These
include a large-scale project at Bikongor with
generation potential of up to 200 MW and
mini-hydro plants with a capacity of less than
1 MW, which are expected to become a
major area for PPP and a means of widening
access to power in Sierra Leone.
Solar power options also present attractive
investment opportunities. Plans are in
place to capitalise on the estimated 2,180
hours of sunshine Sierra Leone receives
a year. Plans include utility scale solar
power generation projects in Bo, Fourah
Bay and at Njala University as well as
smaller-scale developments such as
solar-powered street lights in rural
communities. At the time of publication, the
evaluation process for phase II of the
street light project, which involves the
development of 50,000 solar-powered
street lights, has recently been completed.
The country’s burgeoning bio-fuels sector
has received increasing levels of FDI in
recent years. The GoSL is exploring
opportunities for developing small-scale
biomass for rural electrification and the
potential use of biodiesel from palm oil or
ethanol for domestic consumption.
A variety of other supply-side opportunities
including fossil-fuelled plants are also
being considered. In particular, the GoSL
will be installing an additional 600 MW
of thermal baseload capacity to expand
access to electricity in provincial and
district headquarter towns.
28
The establishment of a deepwater port
(see the Infrastructure section of Part II
below) should increase the viability of
these new generation projects through the
availability of better fuel import facilities.
A comprehensive transmission and
distribution network rehabilitation plan was
launched in 2010 as part of a medium-
term investment programme. This
programme is part of a longer-term goal to
overhaul and expand the country’s aged
domestic transmission and distribution
network, and transform it into a national
network.
In addition, the planned connection to the
West African Power Pool (WAPP)5 offers
significant opportunities for trading energy
with neighbouring countries. The GoSL is
also planning the establishment of feed-in
tariffs to harmonise the sale of power from
various IPPs into the WAPP and the
national grid.
Key Challenges
The GoSL has taken steps to improve the
regulation of the power sector, but the new
regulatory environment is still in its
formative stages. The transition to
cost-reflective tariffs is important to
support GoSL’s ambitious plans for the
sector and to continue to build the EWRC’s
standing.
In addition, the current lack of data and
information (much of which was destroyed
during the civil war) makes it difficult to
fully assess the risks and rewards for
investors in certain projects. The GoSL has
acknowledged the need to improve data
collection and recording and has begun a
pilot programme at Bumbuna to monitor
rainfall and river levels.
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.
International Investor Case Study
Addax Bioenergy
The Ebola outbreak has put Addax
Bioenergy and its operations under
significant stress. Throughout the crisis,
Addax Bioenergy has taken a holistic
approach, implementing various
emergency measures such as:
>constructing two Ebola Isolation
Units and an Ebola Treatment Centre
in Makeni;
>working with the District Health
Medical Teams to limit the risk of
quarantined people using Addax
Bioenergy buses and presenting
themselves at work stations on-site;
>donating second-hand vehicles and
other equipment to the Government
and civil society organisations; and
>running awareness campaigns for
its staff and the 52 villages in the
project area.
Today, there are no patients in the Addax
Bioenergy Isolation Units or Treatment
Centre, reflecting their success and the
decline of the disease in the country at large.
Addax Bioenergy has displayed a
long-term commitment to its investment
through measures intended to protect its
business and to mitigate the impact of
Ebola in the local community. Such a
long-term perspective is particularly
relevant in a country like Sierra Leone
where there is high potential for growth
and significant opportunity for
companies to enjoy returns on long-term
capital investments.
A crisis such as the 2014 West African
Ebola outbreak is an extreme example of
a number of challenges faced by
investors in a developing country. Such
challenges can be mitigated through the
keen attention and close engagement of
committed investors. There are benefits
to businesses that take such a holistic
approach to investing in challenging parts
of the world: a deep engagement
facilitates effective recovery, promotes
mature societal development and creates
a more conducive investment environment.
Difficulties, such as those relating to
finding suitably-qualified staff and
ensuring food security in operational
areas, have been exacerbated by the
crisis. Nevertheless, Addax Bioenergy
continues to view Sierra Leone as an
attractive investment destination due to
its domestic and regional markets,
national commitment to learning and
development, and the abundance of
natural resources for agro-industrial
investments. Moreover, there is evidence
that the Government is now more
committed than ever to attracting
international investment through its
focus on enabling private sector-led
growth in the post-crisis period.
About Addax Bioenergy
Addax Bioenergy was formed by
Geneva-based private investment group
AOG in 2008 to develop a sustainable
investment model for bioenergy in Africa.
Its sugar-cane based renewable energy
project produces bioethanol for export
and local markets in Sierra Leone as well
as renewable electricity for its own
operations and about 20 per cent. of the
country’s power grid. Addax Bioenergy
employs over 5,000 Sierra Leoneans
(directly and indirectly) and has 52
community stakeholders in its business.
Introduction Part I Part II Part III Looking to the Future
29
International Investor Case Study
CEC Africa SL Generation
CEC Africa SL Generation Limited (CEC)
is a recent investor in Sierra Leone.
Recognising the advances that Sierra
Leone has made to facilitate investment
in the country and given that Sierra
Leone had one of the highest levels of
GDP growth in the world before the
Ebola outbreak the country naturally
presented attractive opportunities for
CEC. The mining sector continues to be
a key focus for the CEC Group and the
projected expansion of mining activity in
Sierra Leone gave good cause for CEC
to proceed with its investment.
The power purchase agreement
governing CEC’s US$220 million
investment in the country was signed in
the spring of 2014. The project, which
consists of the construction and
operation of a 128 MW heavy fuel oil
power plant to provide electricity to
Freetown, is still in the development
stage. Given this, CEC’s involvement in
the Ebola crisis on the ground has been
relatively limited. Nevertheless, the
consortium has focused on supporting
healthcare services and treatment
centres during the outbreak, donating
transformers to keep the power on
where it was needed most.
In CEC’s view, Sierra Leone presents a
compelling case for investment. The
Government is “business-friendly” and
recent reforms to the power sector are
promising. Despite increased challenges
in the short term, the business case for
growth remains. Sierra Leone has much
potential as a country with massive
mineral reserves (particularly in bauxite,
iron ore and diamonds). With the
country’s large water reserves and its
proximity to Europe we see large-scale
agricultural investments as an
opportunity.
The development of a robust and
effective healthcare system is largely
dependent on access to electricity and
CEC’s project will therefore play a critical
role in the GoSL’s plans to bolster Sierra
Leone’s healthcare infrastructure. The
project will also support growth by
improving the reliability of power supply
and reducing the need for expensive
diesel generators in Freetown. With the
availability of stable power, we expect an
increase in industrial activity especially in
the areas of smelting.
About CEC
CEC is a consortium comprising CEC
Africa Investments Limited (subsidiary of
Copperbelt Energy Corporation, listed on
the Lusaka stock exchange) and Abu
Dhabi-based TCQ Power. CEC is
developing a US$220 million project for
the construction and operation of a 128
MW heavy fuel oil power plant (as well as
associated distribution infrastructure) to
provide electricity to Freetown. Sierra
Leone’s Parliament ratified the power
purchase agreement between CEC and
the GoSL in late May 2014. This project
represents one of the largest private
sector power investments in Sierra
Leone to date.
30
Natural Resources: Mining and
Petroleum
Sectors in Perspective
Sierra Leone is a resource-rich country
with significant deposits of iron ore,
diamonds, bauxite, rutile and gold, as
outlined in Part I of this Investor Guide. In
2013, before the drop in commodity prices
and the outbreak of Ebola, mining
revenues (including licensing fees,
signature bonuses, royalties, income tax,
customs duties and other non-tax mining
revenues) accounted for approximately
US$110 million or 21.2 per cent. of Sierra
Leone’s NRA’s revenues.
Oil exploration in Sierra Leone dates back
to the early 1960s. The first discovery, by
Anadarko, was made in 2009. Anadarko’s
second discovery followed in 2010. In
2012, Tullow Oil found oil in the block it
shares with Anadarko and Repsol. These
discoveries have not yet resulted in
commercial production, but each new find
creates greater interest in Sierra Leone’s
offshore holdings and more potential
bidders for blocks.
Legal and Regulatory Landscape:
Mining
The key piece of legislation that governs the
mining sector in Sierra Leone is the Mines
and Minerals Act 2009 (Mines Act).
Investors should consider a number of key
provisions under the Mines Act as follows.
Licences
The following mineral licences are available
in Sierra Leone: (i) the “reconnaissance
licence”, (ii) the exploration licence, (iii) the
artisanal mining licence, (iv) the small-
scale mining licence, and (v) the large-
scale mining licence. For a company to be
granted mineral rights under the Mines Act
it must be registered or incorporated in
accordance with the Companies Act 2009.
The most relevant of these licences for
industrial projects are the exploration
licence and the large-scale mining licence:
>The exploration licence grants an
exclusive right to explore for one or more
specified substances within the licensed
area. The licence is valid for an initial
period of up to four years over a
maximum area of 250 km2. Renewals
are permitted, provided that the
maximum area over which the licence is
being renewed does not exceed 125
km2 and the extension granted under
the licence is for no more than three
years in the first instance and two years
in the second instance.
>The large-scale mining licence gives
its holder an exclusive right to conduct
exploration and mining operations within
the licensed area and dispose of the
minerals to which the licence relates.
Licences may be granted for an initial
period of up to 25 years, with the
possibility of subsequent renewals for
periods of up to 15 years.
Both of the key licences mentioned above
are granted by the Minister of Mines and
Mineral Resources (the Minister of
Mines) on the recommendation of the
Sierra Leone Minerals Advisory Board (the
Advisory Board). Such licences are
subject to an express right of the Minister
to suspend or cancel the licence if the
holder fails to meet any prescribed
minimum annual programmes of work or
work expenditure. Licences are also
transferable, subject to the approval of the
Minister of Mines (upon certification by the
Advisory Board) and registration in the
register of mining rights. Investors should
note that there are no specific “change of
control” provisions in the Mines Act which
could impact a sale of shares by the
licence-holding company.
Surface Rights
The holder of a large-scale mining licence
will need to obtain a land lease or other
rights to use the land on such terms (rent
etc.) as agreed between the licence holder
and the owner or lawful occupier of the
land. If an agreement cannot be reached
between the licence holder and the owner/
lawful occupier of the land, the Minister of
Mines shall determine the terms of use on
the advice of the Advisory Board.
In any case, the Minister of Mines has the
power to compulsorily acquire private land
or rights over and under private land for
use by the holder of a large-scale mining
licence. Before compulsory acquisition, the
Minister of Mines must be satisfied that the
licence holder has taken all reasonable
steps to acquire rights over the private land
in question. Upon compulsory acquisition,
the Minister of Mines may, under terms he
deems fit, permit the licence holder to use
the land, or exercise other rights upon the
land, as may be required for the proper
enjoyment of the licence.
The rent agreed under the lease is
distributed in the following proportions, as
fixed by the Mines Act: (i) land owners/
lawful occupiers – 50 per cent.; (ii) District
Council – 15 per cent.; (iii) Paramount Chiefs
– 15 per cent.; (iv) Chiefdom Administration
– 10 per cent.; and (v) Constituency
Development Fund – 10 per cent.
The licence holder is required to pay fair
and reasonable compensation for any
disturbance of the rights of the owner or
occupier (such as the right to graze stock)
and for any damage to the land surface,
trees, buildings or works.
Oil discoveries timeline
Andarko Andarko Tullow Oil
2009 2010 2011 2012 2013 2014 2015
Distribution of rent under the Mines Act
Land owners/lawful
occupiers (50%)
Constituency
Development
Fund (10%)
District Council (15%)
Paramount
Chiefs (15%)
Chiefdom
Administration (10%)
Introduction Part I Part II Part III Looking to the Future
31
If the licence holder’s use of private land
requires the resettlement of the owner or
occupier, the licence holder will be required
to pay resettlement costs as agreed with the
owners or lawful occupiers or by separate
agreement with the Minister of Mines.
The compulsory purchase and
compensation provisions are modelled on
English law and may therefore be familiar
to international investors.
Recently, the Mines Act has been
supplemented by the Mines and Minerals
Operational Regulations 2013, which
contain requirements to be fulfilled by
licence holders in relation to surface, open
pit and underground mining operations,
reporting of mineral resources, health and
safety standards, waste disposal, as well
as explosives and blasting, including the
requirement to hold a blasting licence in
order to use explosives.
State Participation
The GoSL has a right to acquire an interest
in any large-scale mining operations under
terms agreed between the GoSL and the
licence holder. For instance, the GoSL
currently has a 10 per cent. free carried
interest in African Railway and Port
Services (ARPS), the subsidiary company
that runs the port and rail infrastructure at
the Tonkolili iron ore mine, which was
formerly run by African Minerals and is now
100 per cent. controlled by Shandong Iron
Ore Mining.
Environment
The EPA Act provides that mining projects
may only be undertaken following the
preparation and approval of an
environmental impact assessment and the
issuance of an environmental impact
assessment licence.6 As with the
compulsory purchase and compensation
provisions relating to land, these
requirements may be familiar to
international investors as they are based
on EU law.
A register of environmental impact
assessment licences is maintained, and all
licensed projects are monitored by the
EPA. The EPA may enter and inspect
licensed premises, seize property, take
samples of substances and arrest persons
who are suspected of committing an
offence under the EPA Act.
In addition, holders of large-scale mining
licences are required to provide financial
assurance (in the form of surety bonds,
trust funds with pay-in periods, insurance
policies, cash deposits or annuities) for
potential environmental liabilities. They are
also obliged to file regular environmental
management plans.
The Environment Protection (Mines and
Minerals) Regulations 2013 create a
number of further obligations for licence
holders in relation to the environmental
permit process, environmental standards,
grievance mechanisms and mine closures.
The Regulations also provide helpful
guidance on the contents of environmental
impact assessment reports and
environmental management plans. The
EPA has suspended operations where
licence holders have failed to comply with
environmental policies in the past.
Health and Safety
Licence holders are required to
conduct safe operations in their mines
and must provide a healthy working
environment for their workers. Licence
holders must ensure that the mine is
commissioned, operated, maintained and
decommissioned in such a way that
workers can perform their work without
endangering their health and safety.
Community and Local Content
Under the Mines Act, holders of large-
scale mining licences are obliged to enter
into a community development agreement
with the primary host local community
once certain production thresholds are
met. Community development agreements
should address issues of significance such
as educational scholarship, financial
support, environmental and socio-
economic management and local
governance enhancement in the host
community. Licence holders are required to
spend no less than 1 per cent. of 1 per
cent. of the gross revenue amount earned
in the previous year in order to implement
the community development agreement.
In addition, licence holders are required to
give preference to materials and products
made in Sierra Leone and services
provided by companies located in Sierra
Leone. Licence holders should prioritise
the employment of Sierra Leonean workers
possessing the necessary qualifications
and experience as a priority.
The Sierra Leone National Carrier
Ratification Agreement Act of 2012 (the
SLNC Act) was passed in an effort to
promote local content and the interests of
the Sierra Leone National Shipping
Company (SLNSC). The SLNC Act requires
shippers that load or clear cargo for either
export or import to obtain a “Certificate of
Compliance” from the Sierra Leone National
Carrier (SLNC), a joint venture set up
between SLNSC and Premuda, an Italian
shipping company. The SLNC Act also
provides that SLNC has the right to ship at
least 40 per cent. of all inbound and
outbound cargo at “prevailing market rates”.7
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
expressed concerns over these provisions,
which allow for the preferential treatment
of a national company at the expense of
other shipping companies. Furthermore,
these provisions do not take into
consideration the fact that shippers may
have already entered into agreements with
other companies for the purposes of
shipping their goods and that penalties are
likely to be payable under those contracts
in order to terminate them.
Taxation
The GoSL has demonstrated significant
flexibility in providing incentives to attract
investment in the sector. The Mines Act
contains provisions in relation to taxation
and royalties which must be read in
conjunction with other relevant laws, such
as the Income Tax Act 2000, the Goods
and Services Tax Act 2009 and the
Customs Act 2011.
Large-scale mining licence holders are
obliged to deliver certified copies of all
“sales, management, commercial and other
financial agreements in excess of fifty
thousand United States Dollars or
equivalent concluded with any other
person, including affiliates” to the Sierra
Leonean tax authorities.
The fiscal regime associated with large-
scale mining licences differs significantly
across companies. The degree to which
such differentiation is sustainable in the
long term remains to be seen.
Transparency
In 2006, Sierra Leone joined the Extractive
Industries Transparency Initiative (EITI), a
global standard to promote open and
accountable management of natural
resources by ensuring full disclosure of
taxes and other payments made by oil, gas
and mining companies to governments.
Sierra Leone was accepted as a
candidate in 2008 and was declared to
be “compliant” with the EITI standards
in 2014. Based on publicly available
information, a draft EITI Bill is being
prepared at the time of publication.
The National Minerals Agency (the NMA),
is a new semi-autonomous government
agency which was established under the
National Minerals Agency Act 2012, in an
effort to promote effective governance of
the mining sector. Its mandate is to
“administer and enforce the [Mines Act],
any other acts related to the trade in
minerals and related regulations and make
recommendations to the Minister [of Mines]
for amendment and other improvements in
[these] laws and regulations.”
The NMA is in charge of managing the
Sierra Leone Online Repository System, an
online database created in January 2012
to enhance transparency and provide
information on revenue data in relation to
the country’s extractive industry.8
Processing
In a bid to regulate the processing of
diamonds in the country, Sierra Leone
enacted the Diamond Cutting and
Polishing Act 2007 (the Polishing Act) to
provide for the control of diamond cutting
and polishing through the issue of licences.
Accordingly, any person involved in cutting,
polishing, crushing or setting diamonds for
the purpose of business or trade in Sierra
Leone is required to possess a diamond
cutter and polisher’s licence issued by the
Minister of Mines.
Once an application has been properly made
under the Polishing Act, the Minister of
Mines may, upon the recommendation of the
Director of Mines and the Gold and Diamond
Department of the National Revenue
Authority, will grant the applicant a diamond
cutter and polisher’s licence for a period of
up to five years. Subsequent renewals for
further periods not exceeding five years are
possible under the Polishing Act.
The holder of a licence under the Polishing
Act is entitled to buy, deal in, export, import
as well as, cut, polish, crush or set
diamonds for the purposes of business or
trade. The Polishing Act requires the
licence holder to ensure that all diamonds
cut and polished under the licence conform
to international standards, and contains the
usual provisions in relation to local content.
Legal and Regulatory Landscape:
Petroleum
Activity in Sierra Leone’s petroleum sector is
still in the exploration phase. All exploration
currently takes place offshore within 14
blocks parcelled out of the country’s
maritime territory. As of 2013, three of these
blocks remained unlicensed. The GoSL
estimates that production could start in
2017, but there is uncertainty about the size
of the oil resources and whether extraction
is financially viable. Early estimates of
Sierra Leone’s oil reserves range
between 500-700 million barrels of oil.
The main legislation governing petroleum
exploration and production activities in
Sierra Leone is the Petroleum (Exploration
and Production) Act 2011 (the Petroleum
Act). The Petroleum Act sets out the
licences required for carrying out activities
in the petroleum sector, and other
obligations such as those in relation to
environmental protection, health and safety
of workers, and local participation.
The rights that can be granted under the
Petroleum Act include (i) a
“reconnaissance permit”, (ii) a petroleum
licence, and (iii) a permit for the laying and
operation of pipelines.
Petroleum licences permit the licence
holder to explore for and produce
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
Sierra Leone. Such licences are granted
through a competitive bidding process for
an initial exploration period of up to seven
years. If the licence holder proceeds with
the development and production phase, the
petroleum licence may then be granted for
a further period approved by the Minister of
Energy. The licence cannot be transferred
without the Minister of Energy’s approval.
Investor Highlights
Despite its relatively small size, Sierra
Leone is widely recognized as a promising
investor target for its extractives industry.
Sierra Leone has rich mineral deposits.
The country is home to what is considered
to be one of the world’s largest iron ore
deposits at African Minerals’ Tonkolili
mine, which contains an estimated 12.8
billion tonnes of iron ore deposits. Two
other large mines in the country contain
a combined estimate of 1.75 billion
tonnes of iron ore deposits.
Sierra Leone is endowed with significant
bauxite reserves. The country’s Port Loko
deposit contains 100 million tonnes of
bauxite deposits and is strategically
located between the capital and one of the
country’s main ports, Port Pepel. In 2014,
Sierra Leone produced approximately 1
per cent. of the world’s bauxite production.
The country is also home to the world’s
largest reserves of rutile (a high grade
titanium ore, used in the production of
paint and papers), producing an estimated
120,000 tonnes of contained titanium
dioxide in 2014, which accounted for
roughly 14 per cent of total world
production in that year.
Sierra Leone has significant reserves of
gold and diamonds. In 2013 and 2014,
Sierra Leone exported over 600,000
carats worth of diamonds. The country
produced approximately 141 kg of gold in
terms of mine output in 2012 and 193 kg
in 2014.
Export volumes have fluctuated in the last
two decades, in a manner correlating
largely with the country’s political and
economic stability. Having contributed to
more than 20 per cent. of Sierra Leone’s
GDP in the 1990s, the mining sector
suffered during the civil war, before
rebounding fourfold in the 2000s as
production normalised. The sector has
been heavily affected by the Ebola
outbreak, particularly due to travel
restrictions which made access to mining
sites difficult or impossible. The effects
were compounded by a drop in commodity
prices. Production remains below Sierra
Leone’s potential output and reserves
remain under-exploited.
As mentioned, Sierra Leone has made
significant efforts to improve the integrity
of its mining sector to meet developed
world standards.
Key developments that have improved
prospects in the Sierra Leone
extractives industry include:
>the GoSL’s recognition of the
need to actively encourage new
investment in the sector (given that
there was significant focus in the
past on the re-establishment of
closed mines or the exploitation
of previously proven reserves);
>the adoption of detailed
regulations, which provide more
predictability and certainty to
investors;
>the introduction of the certificate
of origin scheme and the
implementation of the Kimberley
Process, which has facilitated
a rapid resumption of diamond
exports through official channels;
and
>an increased political will to
improve transparency and
effectiveness in the governance of
the mining industry through the
NMA and ACC.
In seeking to promote transparency in its
extractives sector, Sierra Leone is looking
to promote itself as a best-in-class arena
for investment in extractives – something
which will be especially important as
discoveries of offshore oil fields by African
Petroleum and Anadarko are developed.
Key Challenges
As described above, and as in the case of
any emerging economy, investors coming
to Sierra Leone will need to address the
key challenges of poor transport
infrastructure, limited locally-manufactured
inputs and a largely-unskilled labour force.
These challenges present issues for the
extractives sector including high
operational costs in some areas. As
outlined in the following section, the GoSL
is implementing an extensive infrastructure
rehabilitation and construction programme,
which will reduce some of these
constraints with time.
The greatest challenge of late has been
the 2014 drop in commodity prices, which
has had a global effect on investments in
the extractives sector. This has been
particularly damaging to Sierra Leone’s
economy due to the coinciding Ebola crisis.
It remains to be seen what opportunities
will arise in the sector as it returns to
capacity.
34
Infrastructure: Water, Roads, Rail,
Ports, Airports, Telecoms and
Tourism
Sectors in Perspective
The A4P sets out the GoSL’s commitment
to rehabilitating and developing Sierra
Leone’s infrastructure, which was badly
damaged during the country’s decade-long
civil war. Significant progress has been
made through continued investment in the
creation of a national road network and the
development of the Freetown Port.
With the goal of presenting bankable
projects to potential investors, the GoSL
has established a Project Preparation Fund
to finance competitively-sourced,
independent feasibility studies for major
priority infrastructure.
The GoSL does not have sufficient
resources to bridge the financing gap
between project cost and private finance
share for large-scale infrastructure
projects. Inevitably, the question of GoSL
final guarantees is predominant. The GoSL
is looking to encourage private sector
participation, particularly in water,
transport, health and telecoms projects.
Legal and Regulatory Landscape
Sierra Leone has adopted a number of
policies aimed at supporting growth,
reducing poverty and closing the
infrastructure gap. These include
incentives for infrastructure projects
with development costs exceeding
US$20 million, which are exempt
from income taxes for 15 years from
start-up.
In order to meet the A4P’s objectives for
private sector-led growth, the GoSL
enacted the PPP Act which established a
PPP Unit in the Office of the President.
The PPP Unit is mandated to provide
coordination and transactional support to
the GoSL MDAs across a range of
potential PPPs.
Investors should note the following
provisions under the PPP Act:
>with limited exceptions, PPPs are
required to be procured on a
competitive basis;
>all PPP Agreements are subject to
an agreed review procedure, which
is carried out by the PPP Unit and
the statutory sector utility regulator
every five years on the basis of
overall performance, delivery of
service level and fulfilment of
parties’ obligations; and
>in certain circumstances, MDAs
have the right to take over a PPP
project to ensure effective and
uninterrupted delivery or timely
completion.
Water
The GoSL’s objectives for the water sector
are contained the National Water and
Sanitation Policy 2010 (NWSP) and the
A4P. The national target under the A4P
is to achieve access to reliable potable
water supply services for 74 per cent.
of the population by 2017. Both the A4P
and the NWSP express the need for
private sector involvement together with
effective indigenous participation in order
to achieve this goal.
There is currently no unified legal
framework governing the management of
Sierra Leone’s water resources. The nature
and extent of water rights depend on their
source (such as private land ownership,
community trust or statutory title) and
different laws apply in Freetown and
outside in the provinces. Similarly, there is
no clear legal framework for allocating
water rights. The out-dated – and soon to
be replaced – Water (Control and Supply)
Act 1963 contains the requirement for
licences to be obtained but this has rarely
been implemented.
The objectives set out in the NWSP
establish the need to: (1) regulate the use
of water and ensure that it is managed to
meet the needs of socio-economic
development and the needs of the
environment in a sustainable manner; (2)
review existing laws on the grant of water
rights, pollution control, catchment
management, and conflict resolution; and
(3) establish a Water Resources Council to
regulate and manage the utilisation of the
water resources for socioeconomic
development and sustainability of the
environment at national, river basin, district,
community, and international levels.
The Ministry of Water Resources,
established in 2013, is pursuing a number
of reforms to implement these objectives
and address the lack of a single legal
regime for the sector. This includes
enacting legislation to support the two
utilities (Guma Valley Water Company
(GVWC), which supplies water in Freetown,
and the Sierra Leone Water Company
(SLWC), which supplies water to the rest
of the country) in their core mandate of
delivering water supply services. In 2004,
the Local Government Act brought in
measures to decentralise responsibility for
the supply of water in rural areas although
implementation has been slow to date.
Roads, Rail, Port and Airport Infrastructure
The A4P sets out the GoSL’s priority to
rebuild and expand the country’s roads and
port infrastructure.
The GoSL’s Transport Policy, Strategy &
Investment Plan 2013 establishes the
following objectives: maintaining
international connectivity, supporting
regional integration, ensuring national
continuity and supporting key economic
sectors.
The strategy focuses on improving
transport service delivery by strengthening
public infrastructure providers such as the
Sierra Leone Road Authority (SLRA) and
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
and the maritime regulator, the Sierra
Leone Maritime Administration. The GoSL
recently enacted the SLNC Act,
establishing the SLNCC (see the Natural
Resources section of Part II). The impact
of the SLNC Act on the use of private port
facilities remains to be seen.
Telecommunications
The telecommunications sector was a
state-owned monopoly until the late
1990s. It has been significantly liberalised
since the first mobile phone licences were
awarded in 1994.
Since 2002, it has been possible to obtain
a “generalised licence” for the provision of
telecommunications services, allowing
competition to grow rapidly in the industry.
The Telecommunications Act 2006
provided that all telecommunications
operators must be licensed by telecoms
regulatory authority, the National
Telecommunications Commission
(NATCOM) before commencing operations.
It was updated by the Telecommunications
Act 2009 to give NATCOM increased
powers to foster competition in the
information technology sector.
The GoSL is developing an Electronic
Transaction Policy and legal framework to
cover e-learning, e-health, e-agriculture
and facilitate effective service delivery
within MDAs. A Technical Working Group
comprising key stakeholders within the
GoSL are drafting the relevant policy with
the aim of increasing efficiency and
transparency and reducing bureaucracy.
Investor Highlights
Water
Although Sierra Leone has substantial
water resources, the country faces a
number of challenges in this sector due to
dilapidated infrastructure, uneven
distribution of rainfall across the country,
the seasonality of water availability and
limited capacity for water storage. Large
parts of the system are in need of
rehabilitation in order to provide sufficient
service levels and there is a significant
divide between urban and rural areas and
between wealthy and low-income
communities in terms of coverage.
Urbanisation in Sierra Leone exceeds the
current levels of urban water supply. At the
time of publication, the GVWC average
daily output in Freetown was 19 million
gallons per day against an estimated
demand of 35 million gallons per day.
According to SLIEPA, 60 per cent. of
Sierra Leone’s population has access to
safe drinking water. Recent efforts to meet
the A4P’s national target of 74 per cent.
access have been slowed by the Ebola
epidemic. To reach the national target in
the post-Ebola period, the GoSL is
expanding rehabilitation works on
current infrastructure (including the
water supply systems in Freetown, Bo,
Kenema and Makeni) and will construct
new infrastructure in order to increase
supply, improve transmission and
distribution, and develop waste water
treatment facilities. There are significant
opportunities for private sector involvement
in these projects. Existing investment
opportunities in the water sector include
the development of new water dams in
several of the major rivers in Sierra Leone
to increase water supply and the expansion
of the GVWC dam.
In rural communities, the GoSL is
developing community-supported water,
sanitation and hygiene (WASH)
infrastructure projects to underpin
agribusiness investment opportunities.
Roads
Since 2008, close to 700 km of road
construction projects have been
implemented by the SLRA. This includes
links to neighbouring Guinea and Liberia,
with the construction of the last 140 km of
this highway due to commence in the
second half of 2015.
A further 3,700 km of road construction
and/or maintenance will be
commissioned. Investment
opportunities include the construction
and operation of toll roads, particularly
for routes linking the international port with
the sites of large mining companies. The
GoSL is also looking to develop a mass
transit system for the transport of persons
and light cargo.
To create greater national connectivity
between hard-to-reach areas, markets
and production areas in particular, the
GoSL is identifying 1,000km of priority
roads to upgrade and maintain,
prioritising feeder roads that link farms to
markets. It is hoped that this project will
create much-needed, near-term
employment opportunities in rural areas
during the post-Ebola period.
The Road Maintenance Fund
Administration (RMFA), established in
2010 by an Act of Parliament, is mandated
to support the routine maintenance of
trunk and city roads, bridges and ferries
and the development of new trunk and
feeder roads. There are numerous
opportunities for private sector
participation in road maintenance.
36
Ports
Freetown boasts the largest deepwater
natural harbour in Africa.
The existing Queen Elizabeth II (QE2)
Freetown container port is currently
managed by Bolloré Africa Logistics under
a 25-year concession agreement awarded
by the SLPA in 2010. The agreement
includes plans to renovate the port’s bulk
handling terminal and expand its capacity.
GoSL is also considering developing a “dry
port” to ease congestion at QE2 and
facilitate the transportation of containers
destined for rural areas.
To support the needs of the mining sector,
the GoSL plans to develop a new
deepwater port and associated rail
infrastructure with the capacity to
export between 30-50 million tonnes of
ore and other minerals each year. A
pre-feasibility study to review options for
the new deepwater port was commissioned
by the GoSL last year. The World Bank is
carrying out the study as part of a project
to develop a “ports master plan” assessing
the need for the expansion of the Freetown
Port and the feasibility of the proposed
deepwater port. It is hoped that the study
will also consider the potential for shared
use at the Tonkolili and Pepel ports.
Airport
Transport options from Lungi International
Airport to Freetown (across Tagrin Bay)
are currently limited to GoSL-operated
ferries and a private boat service. A
pre-feasibility study has been
commissioned to establish the need for
sustainable, integrated transport solutions
across the estuary and for potential water
taxi services along the Freetown coast.
A concession was awarded in 2012 to
China International Railway Group for the
development of a new airport at Mamamah.
In addition, the GoSL plans to reconstruct
small airstrips and helipads in key
commercial centres and mining areas, to
enable light aircraft transport for certain
sectors. The old, disused Hastings Airfield
(19km southeast of Freetown) could cater
for domestic and regional flights using light
aircraft, for instance.
Telecommunications
As mentioned in the Introduction of this
Investor Guide, the ACE submarine
cable, which extends from France to
South Africa, finally linked to the Sierra
Leone network in February 2013. The
connection was initially managed by a 100
per cent. GoSL owned special purpose
vehicle, Sierra Leone Cable Ltd. The GoSL
now plans to sell a majority stake in this
vehicle to the private sector.
This fibre-optic “super highway” has the
potential to meet the rising demand for
voice and data services and could hugely
improve the ease of doing business and
the provision of education and health
services in the country.
The country will also benefit from the
ECOWAS fibre optic network (ECOWAN)
in due course. This project is on course for
completion in 2016, following the award of
the tender for the construction of the
network to Irish telecoms company KN
Network Services in 2014.
The GoSL also recently terminated the
international gateway monopoly, which had
been enjoyed by the Sierra Leone
Telecommunications Company
(SIERRATEL) for almost ten years. The
liberalisation of the gateway will increase
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.
Tourism
The development of physical and digital
infrastructure will help to crystallise the
potential for Sierra Leone to secure a
healthy share of sub-Saharan Africa’s
US$66 billion tourism market. Sierra
Leone is home to diverse and rare
wildlife, leafy highlands and beautiful
sandy beaches along 360km of
coastline. There are significant
opportunities for eco-tourism. The
opening of the five-star Radisson Blu in
2014 was expected to boost the sector,
however the Ebola crisis has significantly
delayed growth in this area. Tourism is
expected to recover in the medium term
and the Hilton Worldwide’s development,
which is well under way, is expected to
assist with this recovery.
The GoSL has identified the tourism sector
as a top priority in the A4P. The Ministry of
Tourism and Cultural Affairs is formulating
a National Tourism Policy for the country
and terms of reference have been
developed for a review of the outdated
Tourism Act 1990. The GoSL is also
formulating a National Eco-Tourism Policy
and is carrying out a “training needs
assessment” in the sector.
Incentives in the sector include an
exemption from income tax for 5 years
from the commencement of operations
(for expenditure up to 150 per cent. of
the original capital investment), duty
free imports for new construction,
extension or renovation of existing
tourism-related facilities, exemption
from payroll taxes for 3 years for up to
six non-Sierra Leonean employees with
skills not available in the country and a
125 per cent. deduction on tourism
promotion expenses.
Introduction Part I Part II Part III Looking to the Future
37
Key Challenges
Infrastructure development presents both
critical challenges and substantial
investment opportunities for investors in
Sierra Leone. Without the resources to
significantly reduce the infrastructure gap,
the GoSL has looked to attract private
sector investors through the
implementation of policies and legislation
to promote PPPs and mitigate the risks
inherent in greenfield investments.
In order to attract the right levels of
investment in its infrastructure, the GoSL
will need to focus on the development of
viable, bankable and sustainable projects
that can unlock the potential of promising
growth sectors such as those outlined in
this Investor Guide.
The most visible challenges and
opportunities lie in Sierra Leone’s physical
infrastructure. Sierra Leone’s two major
international transport hubs, as described
in this section, are its port and airport.
Transportation to Freetown from Lungi
International Airport is limited to sea boats
and ferries which meet incoming flights.
The new Port Loko to Lungi Highway that
links to Freetown provides better road
access and the GoSL is looking to develop
alternative means of transport across the
estuary.
The country’s road networks are in need of
significant improvement. It has been a
priority of the current government to
upgrade the road system in the Western
Area. However, journeys beyond the major
urban centres such as Makeni and Bo
remain difficult. Consequently, transport
costs can be higher than might be expected
in a country as small as Sierra Leone.
The GoSL is looking to develop a more
transparent and competitive bid process
within the PPP Unit and across key MDAs,
such as the Ministry of Energy. These plans
will be critical to removing political influence
from the tender process, which has in the
past resulted in substandard rehabilitation
and project development works.
International Investor Case Study
Solon Capital Partners
Solon Capital Partners (SCP) owns a
portfolio of companies that operate
across a range of sectors in West Africa,
including transportation, real estate and
construction, logistics, and affordable
education. In 2014, the core clientele of
these businesses in Sierra Leone were
dramatically impacted by the outbreak of
Ebola and declining commodity prices
– as mines were shuttered, non-Ebola
related NGOs evacuated their staff, and
schools were shut across Sierra Leone.
Despite this precipitous drop in demand,
SCP companies remained active in
country in order to assist in providing a
range of essential services to the Ebola
response effort, including:
>fleet management for Ebola response
agencies operating across the country;
>the refurbishment and construction of
Emergency Operations Centres at
both the district and national level;
>the provision of local procurement and
logistical services to Ebola response-
related NGOs and foreign
governmental agencies; and
>the provision of a free home outreach
program, where teachers delivered a
catch-up curriculum to small study
groups of children hosted in parent
homes (teachers also promoted Ebola
awareness and prevention with
information and implementation of
regular hand washing and temperature
checking routines).
The period of the Ebola crisis has
highlighted the risks of investing in a
country like Sierra Leone. With such a
small economic base, exogenous events
– such as movements in global
commodity prices or a health crisis –
can drive market volatility of seismic
proportions. But over the long term,
volatility can prove to be as much a
friend as foe. Ultimately, what is a more
telling indicator of future performance –
the struggles of the Ebola crisis, or the
decade of exemplary economic
performance which preceded it?
SCP is committed to Sierra Leone for
the long term. We know that our
investment performance will experience
volatility, for both good and for bad, but
we have conviction in the long-term
economic trajectory of the country.
While the Sierra Leonean operating
environment is one of the more
challenging in the world, we believe the
country has the capacity to transition to
middle income over the course of the
next twenty years. The world over, we
have seen such transitions drive
exemplary returns on investment, and we
believe that Sierra Leone will be no
different. In the meantime, we will
continue to invest in our people, invest in
our business infrastructure, and work
where we can to facilitate improvements
in transparency and the climate for
investment.
It is a commitment of both time and
money but ultimately a compellingly
commercial one; and, as such, one we
are more than happy to make.
About Solon Capital Partners
Solon Capital Partners is an Africa-
focused investment and advisory firm
based in Freetown, Sierra Leone. It
seeks to maximise risk-adjusted returns
for its investors by developing and
actively managing high-growth,
defensible businesses that are
fundamental to developing markets.
38
Agriculture and Fisheries
Sectors in Perspective
Agriculture is the backbone of the Sierra
Leonean economy, with the sector
accounting for an estimated 42.5 per
cent. of GDP and employing around
two-thirds of the national labour force.
Notwithstanding this, the sector’s vast
potential is still largely untapped. Sierra
Leone is endowed with approximately 5.4
million hectares of arable agricultural
land, of which almost 75 per cent. is
available for cultivation. The country
boasts fertile soils and its ample
rainfall averages roughly 3,800mm per
year, making it one of the most humid
countries in Africa. This climate supports a
broad range of crops including rice,
cassava and groundnuts, as well as
livestock and cash crops, such as coffee,
cocoa and palm oil.
While small-scale subsistence farming
currently dominates the sector, GoSL is
looking to FDI to boost productivity
through mechanised commercial
agricultural development and investments
across the agriculture value chain.
Fisheries are one of Sierra Leone’s lesser
known sources of untapped wealth, yet
they have the potential to become the
country’s second largest sector for exports
after minerals.
Legal and Regulatory Landscape
The GoSL’s policy and strategic framework
for the agriculture sector focuses on
providing better quality and wider access
to inputs and infrastructure, and improving
storage and processing facilities to
increase productivity, achieve food security
and expand exports.
Investors should consider a number of
areas of policy and regulation that impact
the structuring and commercial viability of
investments in the agriculture sector.
These include land and water rights,
environmental regulations, labour laws,
local content requirements, and licensing
and permitting requirements.
Land
As outlined in Part I above, there are two
distinct land tenure systems in Sierra Leone.
In Freetown and the Western Area, title to
land can be bought and sold under a
freehold system. Outside of these areas,
where much of the country’s agricultural land
is situated, only leasehold interests in land
can be bought and sold and reversionary title
to the land is retained by indigenous
communities, represented by local chiefs.
Foreign investors are not permitted to own
title to land under either system, but can
lease land for a term of up 99 years.
For investors unfamiliar with customary
tenure-based land systems in Africa, the
involvement of local chiefs in the leasing
process can be concerning and act as a
deterrent to investment. Sierra Leone’s
Law Reform Commission is currently
working on a new land tenure policy with a
view, amongst other things, to making it
easier for foreign investors to obtain land
leases. The GoSL is prepared to assist
foreign entities in negotiations with chiefs
and landowners, however the practicalities
are complex. In certain cases, the GoSL
may also take a head lease on provincial
lands and sub-lease to agribusiness
investors so as to mitigate any perceived
risks of privity between customary land
owners and foreign investors.
The leasehold rights of agribusiness
investors are protected by the wide-
ranging guarantees against expropriation
set out in the IPA. To date, no claims
appear to have been brought against GoSL
pursuant to these provisions under the IPA.
Water
As is common in West Africa, in Sierra
Leone water is considered a communal
resource. Use rights are subject to
recognition of the rights of others to the
resource, and preservation of the water’s
quality. A landholder may claim rights to a
stream or other water source on his or her
land. There are hurdles with respect to
water use in Sierra Leone, as the country
lacks a comprehensive legal framework
governing its water resources.
Notwithstanding the above, ascertaining
which relevant permits and consents are
required for water extraction poses a
challenge to potential investors because
the country does not have a single, central
body charged with managing the country’s
water resources. The current reform
process referred to in the Infrastructure
section of Part II of this Investor Guide, and
the new water law more specifically, is
expected to simplify this.
Environment
Before initiating any agribusiness and/or
fisheries project, investors are required
pursuant to the relevant environmental
laws to undertake an environmental social
and health impact assessment), inform
affected communities of the results of the
assessment and address any community
objection to a project through community
consultative meetings and community
sensitisation programmes.
The EPA has broad responsibility for
ensuring private-sector compliance with
environmental regulations in Sierra Leone,
including environmental, social and health
impact assessment procedures.
Where projects are financed by the
international lending community, stricter
environmental compliance, such as
compliance with the Equator Principles and
the IFC Performance Standards, will be
required.
Although the primary environmental
legislation applicable in Sierra Leone
provides the environmental regulator with
the power to promulgate regulations in
respect of the control of effluent discharge
and the release of hazardous and toxic
materials, no such regulations have been
enacted at the time of publication. That
being said, GoSL has held several public
workshops with interested parties on the
adoption of such regulations and it is
envisaged that a more robust
environmental protection regime should
become applicable in Sierra Leone in the
near future.
Introduction Part I Part II Part III Looking to the Future
39
Labour
The Agribusiness Trade Council regulates
labour relations within the sector. Labour
regulation in Sierra Leone is relatively
flexible and only certain aspects of working
conditions for agricultural workers are
regulated by law. For example, the national
minimum wage mentioned in Part I of this
Investor Guide (currently Le 500,000
(US$114) per month) and official daily
working hours (currently eight hours) are
mandated by GoSL. Agricultural workers
have the right to join a union and enter into
collective bargaining agreements (CBAs)
under Sierra Leonean labour laws. In
practice, working conditions for agricultural
workers are largely governed by such CBAs
with their employers. Productivity-based
worker payment structures are widely
applied and there is no legal prohibition on
compulsory overtime.
Around 40 per cent. of the Sierra Leonean
formal sector labour force is unionised. The
National Union of Forestry & Agricultural
Workers, which forms part of the Sierra
Leone Labour Congress (a prominent
umbrella organisation of trade unions) has
approximately 1,100 declared members.
Unions have the right to strike under
national trade union laws, subject to giving
21 days’ notice to GoSL.
Local Content Requirements
Sierra Leone has an investor-friendly
approach to local participation. 100 per
cent. foreign ownership is permitted in
most sectors of the economy
(exceptions, such as the mining sector, have
been noted I Part I above). Although Sierra
Leone has adopted a national local content
policy, GoSL acknowledges that at present
there is insufficient capacity in the local
labour market to be able to supply goods
and services to business undertakings. With
the assistance of development partners
such as the UN and DFID, GoSL is building
capacity in the local market.
SLIEPA guidance indicates that
agribusiness investors are “expected” to
make social contributions to local
communities as part of the negotiation of
land leases. These may include community
capacity building projects, infrastructure
development and/or rehabilitation or the
payment of royalties). There are no express
legal requirements or consequences for a
failure to make such contributions.
Investor Highlights
The case for investing in agriculture in
Sierra Leone is highly compelling,
particularly considering the country’s vast
availability of agricultural land. The sector
also compares favourably against its
counterparts in other comparable markets
on a number of commercial variables,
including labour costs and leasing costs
for agricultural land. Resource-related
costs are minimal – for instance, Sierra
Leone does not charge agribusinesses for
water utilisation.
Agriculture is a strategic growth sector for
GoSL. Increasing agricultural productivity
is central to GoSL’s poverty reduction and
food security aims, as stated in the A4P
and the Post-Ebola Recovery Strategy.
This is reflected in GoSL’s efforts to create
an enabling environment for agribusiness
investors through numerous sector-specific
investment incentives and the availability of
wide-ranging investment facilitation
assistance from SLIEPA. For example,
tax incentives available to certain
agribusinesses include a complete
exemption from income tax for up to
ten years from the time of investment
and a 50 per cent. exemption from
withholding taxes on dividends, as well
as a complete exemption from import
duties on agricultural inputs such as
farm machinery, equipment and
agro-chemicals. Export licences are
required for agricultural goods.
Key opportunities for investment
include cash crops such as cocoa,
coffee and palm oil, with GoSL promoting
investment in the rehabilitation and
expansion of existing plantations and
estates, as well as agro-processing, and
further planning to establish (tax free)
export processing zones in the country.
There are also significant opportunities
and incentives for investments in the
production, processing and marketing of
domestically produced rice, Sierra Leone’s
staple food, as well as livestock-rearing
and slaughter facilities to cater for the
increasing demand for meat.
Sierra Leone is also emerging as a viable
destination for carbon credit scheme (CCS)
projects, with a number of major deals for
carbon capture projects signed in recent
years. Forestry and plantation activities in
particular provide opportunities for foreign
investors to earn credits under the Framework
Convention on Climate Change Clean
Development Mechanism that can be traded
on the global carbon market. GoSL has
already identified a number of further potential
sites for CCS-driven investment projects.
There are also opportunities for investment
in Sierra Leone’s fisheries. The region is
one of the world’s richest fishing
grounds. Sierra Leone’s 506km
coastline and 30,000km continental
shelf boast a commercially viable stock
of fish. The fisheries sector contributes
approximately 8 per cent. of Sierra Leone’s
GDP, and fish constitutes around 80 per
cent. of animal protein consumed by Sierra
Leoneans. Total fish production is increasing
year on year, with production rising from
roughly 60,000 tonnes to 140,000 tonnes
in the past decade, but revenue generation
is still far below its potential. In 2010, the
economic value of yields was estimated to
be more than US$100 million per annum.
The marine fisheries of Sierra Leone are
divided into:
>the artisanal fishery, operating in
estuaries and inshore waters and
extending from the shoreline to around
20-40m deep;
>the industrial fishery, operating in the
open deeper waters.
40
The GoSL signed its first PPP for fish
receiving centres last year, during the
midst of the Ebola crisis, and has plans to
develop an integrated fishing harbour
along with fish processing plants in
Freetown. The Ministry of Fisheries and
Marine Resources has also been looking at
ways to distribute fish products to cold
stores in major regional centres.
With support from the AfDB, a marine training
school has been developed. There are
opportunities for investment in the operation
and management of the training school.
Key Challenges
Sierra Leone’s agriculture is constantly
under threat from climatic hazards such as
droughts, floods and changing rainfall
patterns – threats which are widely
expected to increase as a result of climate
change. Infrastructure in many areas, and
in particular the rural road network and
electricity grid, will require sizeable
investment in order to create a holistic
enabling environment for agribusiness.
However, this is as much an opportunity as
it is a challenge for investors.
Supplies of fertilizers and pesticides are
well below domestic requirements. Fires,
which are used as a means of land
clearance, can be problematic for those
operating in the agriculture sector.
To address these challenges, a National
Platform for Disaster Risk Reduction and
Climate Change Adaptation (the Platform)
was created and launched in August 2011
by President Koroma. The Platform has
seven sub-committees which cover fires
and pest infestation, as well as a range of
other socio-natural and man-made hazards
International Investor Case Study
ManoCap
Sierra Fishing Company – the benefits of
being on the ground
ManoCap, a private equity firm founded in
Freetown in 2005, has a clear belief in
the opportunities for investment in Sierra
Leone. It is also well-placed to assess the
challenges that investors are likely to face.
In ManoCap’s view, a key difficulty lies
not in producing a compelling business
plan – which is relatively straightforward,
given the country’s natural advantages
and openness to investment – but in
executing the business plan effectively.
This requires competent local
management and robust financial
controls.
A good example is ManoCap’s investment
in Sierra Fishing Company (SFC), Sierra
Leone’s largest fish supplier. The
investment case for Sierra Leone’s fishing
sector is clear: 80 per cent. of Sierra
Leone’s protein intake comes from
seafood, and the country’s deep-water
location provides an ideal platform.
The seafood trade relies on the daily
catch, and therefore involves a very fast
turnover both of product and of cash.
This makes it critical to monitor inventory
and cash at all times. By working closely
with SFC and ensuring oversight of its
financial functions, and investing in
SFC’s distribution networks across the
country, ManoCap has seen SFC’s
revenues double over five years. In the
meantime, the cost of fish to the
consumer has fallen, and SFC has grown
its employee numbers. SFC is now
looking to expand its business further.
Splash Mobile – the value of local
networks
SFC’s network of fish depots throughout
inland Sierra Leone also demonstrates the
value of a strong local network. ManoCap
has in fact invested directly in Sierra
Leone’s networks, via Splash Mobile
Technologies. Splash was Sierra Leone’s
first mobile payment system. In a country
with limited banking infrastructure, a
technology which reduces the risk, cost,
and time of everyday transactions makes a
great difference.
This was particularly true during the
Ebola outbreak. Businesses and
consumers faced huge difficulties, as
movement around the country was
heavily restricted. The Splash network
provided a virtual banking system that
helped keep the consumer economy
functioning. It also played an important
role in the medical response to the
outbreak: hazard pay to health care
workers was essential in ensuring health
facilities stayed open, something that
was only possible due to the mobile
payment network Splash enabled (see
http://blogs.ft.com/beyond-
brics/2015/06/18/what-can-business-
do-in-the-face-of-a-public-health-crisis/
for more details).
The Splash network has now grown to
around 200 payment points across the
country, and Splash is working to
increase this to 1000. Although the cost
of Ebola has been terrible, the co-
ordinated response from the public and
private sectors demonstrates the
robustness of Sierra Leone’s human
infrastructure, and suggests that Sierra
Leone’s economy is well-placed to
recover.
Looking ahead
ManoCap continues to source investments
in Sierra Leone, and has a positive outlook
on the country’s prospects. The team
cautions that investing in Sierra Leone
– and making an investment successful
– is not easy. But with commitment and
patience, Sierra Leone can be a very
attractive investment climate.
About Manocap
ManoCap operates in Sierra Leone,
Liberia and Ghana, investing growth
capital in small and medium-sized
businesses. It aims to deliver attractive
returns to its investors while enhancing
economic growth in its countries of
operation. Being based in Freetown,
ManoCap is able to provide support both
via capital investment and through close
ongoing working relationships with
investee companies.
Introduction Part I Part II Part III Looking to the Future
41
such as mudslides, storms, and transport
accidents. The Platform’s mandate
includes lobbying the GoSL to commit and
respond to disaster risk reduction through,
among other things, the implementation of
policies, standards and regulations by the
relevant MDAs. In addition, vulnerability
and capacity assessments are carried out
in some key local risk areas with support
from various NGOs to understand the
nature and level of risks faced by the
particular area. As outlined above,
environmental impact assessments are
systematically conducted for mining
operations.
Food insecurity increases during the lean
season (June to August). During this period,
45 per cent. of the population, or 2.5 million
people, do not access sufficient food. In the
past GoSL has sought to avoid food
shortages and price hikes through
temporary export bans on widely consumed
staple foods such as rice and palm oil.
Sierra Leone is currently lacking a
well-structured public sector “agricultural
extension service”, which would help
investors obtain technical information and
manage risks through research and
development, training and the use of
extension agents to build connections
between farmers, GoSL planners, NGOs
and the private sector. The benefits of such
services are evident in Ghana’s cocoa
industry for instance.
Export quality controls in Sierra Leone can
be improved. Exporters are required to
obtain a quality certificate from the
Ministry of Agriculture, Forestry and Food
Security. Requests for facilitation payments
have been reported. Such practices have in
the past resulted in poor quality produce
being exported, which in turn negatively
impacts the price of the country’s
agricultural export.
The principal challenge to the fisheries
sector is illegal fishing, estimated to cost
Sierra Leone US$29 million annually. The
EU and the Word Bank have established
the West Africa Regional Fisheries
Programme to address this.
International Investor Case Study
Lion Mountains
Lion Mountains began farming
operations in Bo District, Sierra Leone in
October 2014, at what proved to be the
height of the Ebola epidemic. Despite
the additional challenges of the medical
emergency, the pilot phase was launched
successfully, establishing Lion Mountains
as an active member of the local farming
community. The pilot phase comprises a
small land area for the cultivation of rice
and groundnuts, and a mill in Bo which is
supplied through the purchase of raw
rice from a network of out-grower
farmers in partner chiefdoms.
Lion Mountains remains unchanged in its
view that Sierra Leone offers an
exceptional investment opportunity,
especially in the agriculture sector, and is
committed to the country for the long
term. The confidence of this commitment
is founded on the excellent political
environment, highly attractive investment
incentive package, outstanding natural
endowment, and welcoming people and
government. Phoenix Africa elected to
establish its first portfolio project in
Sierra Leone precisely because the
country’s stable and welcoming
operating environment is not fully
reflected in the reputation of the country
around the world, meaning plentiful
opportunities for those investors who are
prepared to look beyond the headlines.
The Lion Mountains experience through
the months of the epidemic was largely
positive, with zero medical emergencies.
Full anti-infection protocols were
followed strictly and Lion Mountains
played a role in promoting appropriate
behaviours in its areas of operation; with
such measures in place, operations were
entirely feasible, and only relatively minor
adaptations were required to
accommodate movement restrictions and
other anti-Ebola measures from time to
time. The most significant inconvenience
and added cost was caused by the mass
cancellation of international flights.
Although the Ebola epidemic may be
thought to illustrate the risk of investing
in a country like Sierra Leone, Lion
Mountains judged that the real risks
were exaggerated; the worst of the
economic damage was caused not by
the virus itself but by the overreaction to
it. Through a careful assessment of the
situation on the ground, and evaluation of
the real risks, Lion Mountains recognised
that operations would be safe and
feasible, and thus decided on
deployment in October 2014 despite the
negative press surrounding Sierra Leone
at that time. The same can be said for
other perceived risks.
Lion Mountains regards Sierra Leone as
a stable and high-growth investment
destination – one in which the company
will be able to reach its goal of
developing 14,000 hectares of land for
the cultivation of rice and other crops
and have a positive social impact in its
partner chiefdoms in Bo District.
About Lion Mountains
Lion Mountains was established by
UK-based Phoenix Africa to farm and
process rice and other crops in Sierra
Leone, contributing to improving the food
security of the country and delivering a
significant development impact to
partner communities. Lion Mountains is
headquartered in Bo.
42
GoSL Recovery and Transition Plan
Governance and accountability
Restore access to basic
health services
Get kids back in
school
Protect the vulnerable Private sector
recovery and growth
Maintain
resilient zero
A renewed focus on those sectors
that were drivers of investment prior
to the outbreak will be central to the
economic recovery. In addition, new
opportunities for investment have
arisen by virtue of the GoSL’s
Post‑Ebola Recovery Strategy, which
focuses on improving the social
infrastructure already in place to
support societies heavily impacted
by the crisis and developing better
systems and facilities to guard
against a future outbreak.
Introduction to the Post-Ebola
Investment Climate
At the time of publication, the peak of the
crisis appears to have passed in the three
worst affected countries, although a small
number of cases continue to be reported in
Sierra Leone.
A renewed focus on those sectors that
were drivers of investment prior to the
outbreak will be central to the economic
recovery. In addition, new opportunities for
investment have arisen by virtue of the
GoSL’s Post-Ebola Recovery Strategy,
which focuses on improving the social
infrastructure already in place to support
societies heavily impacted by the crisis and
developing better systems and facilities to
guard against a future outbreak.
The Post-Ebola Recovery
Strategy
The Post-Ebola Recovery Strategy referred
to throughout this Investor Guide has been
developed by the Ministry of Finance and
Economic Development. The Strategy aims
to reduce the impact the crisis has had on
the implementation of the A4P. The
Strategy identifies plans for dealing with the
shocks caused by the crisis, including the
need to build a more robust healthcare
system and develop integrated strategies
involving reforms to related social and
economic sectors that have a direct bearing
on health outcomes, and highlights lessons
learned from the outbreak, such as the
need to strengthen regional cooperation.
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
Part III of this Investor Guide considers what the Ebola
outbreak means for potential investors and businesses already
operating within Sierra Leone.
Part III
Post-Ebola Investment
Climate
Introduction Part I Part II Part III Looking to the Future
43
A4P. Detailed plans for priority sectors, such
as health, education, social protection,
agriculture and infrastructure, have been
developed with support from DFID and
McKinsey & Co.
Priority interventions include ensuring the
safety of 40 hospitals and 1,300 primary
healthcare facilities, bringing all children
back to school and maintaining safe and
active learning throughout the country,
drawing over 100,000 subsistence farmers
into the formal economy, helping SMEs
re-establish themselves through affordable
finance, developing infrastructure projects
that strengthen the agriculture sector,
supporting vulnerable groups and
establishing sustainable social welfare, and
building effective accountability systems.
Rebound in Economic Activity
In 2014, growth in Sierra Leone slowed
sharply as economic activity was disrupted
by the Ebola epidemic compounded by
lower iron ore prices. Growth is likely to
remain lower than pre-Ebola levels in 2015
as a result of the sharp slowdown in
economic activity. Activity and investment
in all key sectors of the economy stalled
given the urgency of dealing with the crisis.
As activity resumes in key sectors, and
provided the outbreak is effectively
brought under control, it is very likely that
growth will rebound again in 2016.
Along with the need for further investment
in healthcare, education, sanitation and
energy, other sectors such as agriculture,
construction, infrastructure and mining,
mentioned in Part II above offer significant
opportunities for immediate investment.
Investors in iron ore have reported the
commencement of mining activity and
diamond miners have announced
further discoveries. For instance, Golden
Saint Resources saw a 26 per cent. jump
in its share price on the discovery of new
diamond reserves in the Tongo licence
area in 2015. One of the country’s leading
UK-listed mining companies, Sierra Rutile
Ltd, which supplies roughly a fifth of the
global demand for rutile, has reported
US$77 million plans to extend their current
rutile mining activities to increase its
output at the Gbangbama deposit by about
one sixth.
Although businesses operating in the
economy were forced to put their
expansion plans on hold in the short term,
recent developments in sectors that
are starting to resume activity, coupled
with strong investment into
infrastructure, agriculture and mining,
could see Sierra Leone return to being
one of the region’s fastest growing
economies.
Investment Opportunities:
Health, Education and Social
Services
There will be a stronger focus on
investment in social infrastructure in Sierra
Leone going forward. Investment demand
in the near term will largely focus on the
provision of basic services to a population
recovering from the effects of Ebola.
Investment in healthcare, education,
sanitation and water are desperately
needed.
Healthcare
At the time of publication, the number of
new cases of Ebola is low; however the
country is not yet Ebola-free. Investment is
needed to strengthen existing systems to
deal with any further Ebola cases. While
healthcare systems have struggled to deal
with Ebola, other disease and general
healthcare needs have also received less
attention. The World Health Organisation
estimates that large numbers of malaria
patients went untreated during the peak of
the Ebola crisis due to insufficient
healthcare systems.
Opportunities for investment include
the establishment of special hospitals
or clinics to provide HIV/AIDS health
care, the provision of private psychiatry
hospitals and facilities, manufacturing
of drugs and medical equipment, and
the establishment of a 24 hour
ambulance service.
Education
Schools in Sierra Leone were closed for
almost a year during the crisis. They
re-opened in April 2015, however gaps in
the infrastructure enabling children to
return to school, along with a lack of
amenities within schools, are hampering
the delivery of education. With many
children facing the need to work, extending
access to education is hugely important.
The GoSL is focused on ensuring “fee
free” access to primary education by 2018.
In addition, targeted programmes to
encourage attendance by the most
marginalised students will be implemented.
Opportunities for investment include
improving educational infrastructure in
under-served communities and
addressing gender, geographical and
socio-economic disparities in access
to education. The GoSL is also focused
on improving tertiary education. PPPs
in education are being encouraged.
Social Services and Basic
Necessities
Water Aid estimates that even before the
crisis, 40 per cent. of the population did
not have access to safe water. Less than
20 per cent. of the country has adequate
access to sanitation. Providing access to
basic necessities such as clean water, food
and sanitation will reduce the risk of a
further outbreak.
Opportunities for investment include
the construction of a new dam in Orugu
to alleviate water scarcity, projects to
increase the capacity of the Freetown
Guma Valley dam, construction of bore
holes in the provinces, and the
development of water dams in seven
major rivers.
44
Renewed Focus on Traditional
Growth Sectors
Mining Sector
As outlined above, the investment
opportunities that predated the outbreak of
Ebola still exist. Mining activity is likely to
pick up again now that travel
restrictions are increasingly being
relaxed. Activity should recover in 2015
as export routes open up and mining
companies recommence production.
Sierra Leone’s second-largest iron ore
producer, which employs 1,400 locals and
contributes 10 per cent. of GDP, was
affected during the peak of the crisis and
this contributed to the growth slowdown in
2014.
At the time of publication, iron ore
producers are reporting a
recommencement of activity and iron ore
exploration work. While opportunities still
exist, continued low iron ore prices could
weigh on any significant investment in the
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.
Agriculture
Numerous opportunities for investment in
agriculture are outlined in Part II above.
This sector is a key focus area in the
GoSL’s Post-Ebola Recovery Strategy.
Food security will be an ongoing concern
in 2015 and is likely to remain a concern
into 2016 for countries worst-affected by
Ebola. Much agricultural activity was put
on hold during the crisis and food needs
will be even more important now. Reduced
harvesting due to labour and transport
disruptions has had a wide impact.
The Food and Agricultural Organisation
estimated in December that almost
150,000 people were severely food-
insecure in Sierra Leone. This number is
expected to have doubled by March 2015
to more than one million. Due to
restrictions on movement and quarantine,
many farmers were unable to plant crops
and unable to harvest. Therefore,
supporting food security and
investment in agriculture will be
essential in the coming months, with
small-scale farming support being
particularly important.
Infrastructure and Construction
Investment opportunities continue to
exist in improving transportation
networks and energy productivity to
enable the free flow of goods and
workers. Improving infrastructure through
the projects outlined in Part II of this
Investor Guide will be critical to supporting
further economic productivity and growth
in the post-Ebola period.
Jan
2014 Feb
2014 Mar
2014 Apr
2014 May
2014 Jun
2014 Jul
2014
0
30,000
90,000
15
0,000
60,000
12
0,000
0
500,000
1,500,000
2,500,000
1,000,000
2,000,000
Iron Ore (RHS)
Aug
2014 Sep
2014
BauxiteDiamondRutile Iron Ore (RHS)
Figure 1: Mining production was impacted
Mn
/Tonnes
Dec 2014 March 2015
280
120
Figure 2: Agriculture investment
n
eeded given food security concerns
Number
of people at risk (000’s)
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
A4P Agenda for Prosperity
ACC Anti-Corruption Commission
ACE Africa Coast to Europe
Advisory Board Sierra Leone Minerals Advisory Board
AfDB African Development Bank
AML Anti-Money Laundering
ARIPO African Regional Intellectual Property
Organisation
ARPS African Railway and Port Services
ASYCUDA Automated System for Customs Data
BITs bilateral investment treaties
CBAs collective bargaining agreements
CCS carbon credit scheme
CET common external tariff
COMESA Common Market for Eastern and Southern
Africa
CPI Transparency International’s Corruption
Perceptions Index
CRA Credit Reference Act 2011
CSR Corporate Social Responsibility
DFID UK Department for International
Development
ECOWAN ECOWAS fibre optic network
ECOWAS Economic Community of West African States
EDSA Electricity Distribution and Supply Authority
EGTC Electricity Generation and Transmission
Company
EITI Extractive Industries Transparency Initiative
EPA Environmental Protection Agency
EPA Act Environmental Protection Agency Act 2008
ETLS ECOWAS Trade Liberalization Scheme
EU European Union
EWRC Electricity and Water Regulatory Commission
FDI Foreign direct investment
FIU Financial Intelligence Unit
FTCC Fast Track Commercial Court
GATS General Agreement on Trade in Services
GoSL Government of Sierra Leone
GVWC Guma Valley Water Company
HFO heavy fuel oil
HR Commission Sierra Leone Human Rights Commission
ICC International Chamber of Commerce
ICSID Convention International Centre for Settlement of
Investment Disputes Convention
IDB Inter-American Development Bank
IFC International Finance Corporation
IMF International Monetary Fund
IPA Investment Promotion Act 2004
IPPs independent power producers
JICA Japan’s International Cooperation Agency
JSRSIP III Justice Sector Reform Strategy and
Investment Policy
LCIA London Court of International Arbitration
LFS labour force survey
MDAs Ministries, Departments and Agencies
MFN most-favoured-nation
Mines Act Mines and Minerals Act 2009
Minister of Mines Minister of Mines and Mineral Resources
MRU Mano River Union
NASSIT National Social Security and Insurance Trust
NATCOM National Telecommunications Commission
NGOs non-governmental organisations
NCP National Commission for Privatisation
List of abbreviations
Introduction Part I Part II Part III Looking to the future
47
New York
Convention
New York Convention on the Recognition
and Enforcement of Foreign Arbitral Awards
NMA National Minerals Agency
NPAA National Protection Area Authority
NPPA National Public Procurement Authority
NRA National Revenue Authority
NWSP National Water and Sanitation Policy
OARG Office of the Administrator and Registrar
General
ODA Office of Diaspora Affairs
OIC Organisation of Islamic Cooperation
PCT Patent Cooperation Treaty
Petroleum Act Petroleum (Exploration and Production) Act
2 011
Platform National Platform for Disaster Risk
Reduction and Climate Change Adaptation
Polishing Act Diamond Cutting and Polishing Act 2007
PPP public private partnership
PPP Act 2010 Public Private Partnership Act 2010
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
SLPA Sierra Leone Ports Authority
SLRA Sierra Leone Road Authority
SLWC Sierra Leone Water Company
SMEs small and medium enterprises
TRIPS World Trade Organisation Agreement on
Trade-Related Aspects of Intellectual
Property Rights
UNCITRAL United Nations Commission on International
Trade Law
UK United Kingdom
UNCTAD United Nations Conference on Trade and
Development
UNDP United Nations Development Programme
US United States
WAPP West African Power Pool
WASH water, sanitation and hygiene
WCA Wildlife Conservation Act 1972
WIPO World Intellectual Property Organisation
WTO World Trade Organisation
48
AMCOW. (2011). Water Supply and Sanitation in Sierra Leone;
Turning Finance into Services for 2015 and Beyond. Accessed
at https://www.wsp.org/sites/wsp.org/files/publications/
CSO-sierra-leone.pdf
Awoko newspaper website, accessed on 26 June 2015 at
http://awoko.org/
Bank of Sierra Leone website, accessed on 26 June 2015 at
http://www.bsl.gov.sl/
BMI website, accessed on 26 June 2015 at http://www.
bmiresearch.com/sierra-leone
CIA. (2015). The World Factbook. Accessed at https://www.cia.
gov/library/publications/the-world-factbook/geos/sl.html
Economist Intelligence Unit website, accessed on 26 June 2015
at http://country.eiu.com/sierra-leone
EEAS website, accessed on 26 June 2015 at http://www.eeas.
europa.eu/delegations/sierra_leone/eu_sierra_leone/tech_
financial_cooperation/rural_development/fisheries/index_en.htm
Extractive Industries Transparency Initiative website, accessed on
26 June 2015 at https://eiti.org/SierraLeone
Government of Sierra Leone. (2015). Justice Sector Reform
Strategy and Investment Policy
Government of Sierra Leone. (2015). Sierra Leone’s Post-Ebola
Recovery Strategy
Government of Sierra Leone. (2015). Sierra Leone’s Recovery
and Transition Plan. PowerPoint presentation.
Harris, D.; Kooy, M; Jalloh, G. (April 2012) The political economy
of the urban water-pricing regime in Freetown, Sierra Leone.
Accessed at http://www.odi.org/sites/odi.org.uk/files/odi-
assets/publications-opinion-files/7668.pdf
IBIS. (February 2014). Natural Resource Watch, Report on
Sierra Leone. Accessed at http://ibissierraleone.org/sites/
default/files/media/pdf_global/sierra_leone_pdf/sierra_leone_
nrw_final.pdf IMF. (2015). World Economic Outlook Database.
Accessed at http://www.imf.org/external/pubs/ft/
weo/2015/01/weodata/index.aspx
Kimberly Process. (n.d.) Sierra Leone’s Annual Report 2013 to
Kimberley Process Certification Scheme. Accessed at http://
www.kimberleyprocess.com/en/system/files/
documents/2013%20KPCS%20Annual%20Report%20
Sierra%20Leone_0.pdf
Koroma, L. Ministry of Transport and Aviation. (2013) Sierra
Leone Mining Energy/Oil & Gas and Infrastructure Indaba 2013.
PowerPoint presentation, accessed at http://slideplayer.com/
slide/1421893/
Office of Diaspora Affairs website, accessed on 26 June 2015 at
http://www.diasporaaffairs.gov.sl/index.php?option=com_conten
t&view=article&id=1&Itemid=2
Marah, K, Minister of Finance and Economic Development,
Government of Sierra Leone. (2015). Statement of Economic and
Financial Policies. Accessed at http://mofed.gov.sl/
PUBLICATIONS/Budget%20Speech%202015.pdf
Mehta, P. (2006) Competition Regimes in the World: A Civil
Society Report. India: CUTS International.
Ministry of Energy, Energy Directorate. (n.d.) Expression of
Interest to participate in the Scaling Up Renewable Energy in
Low Income Countries Program (SREP). Accessed at
https://www.climateinvestmentfunds.org/cif/sites/
climateinvestmentfunds.org/files/Sierra%20Leone_EOI.pdf
National Commission for Privatisation website, accessed on
26 June 2015 at http://ncpsl.gov.sl/aboutus.htm
New Statesmen, Warning over collapse of health system in the
wake of Ebola in Sierra Leone. (12 December 2014). Accessed
at http://www.newstatesman.com/health/2014/12/warnings-
over-collapse-health-system-wake-ebola-sierra-leone
Perrualt, F.; Baldeh, Y.; Wahome, J.; Zayid, J. (August 2013).
Sierra Leone Country Strategy paper 2013-2017 (African
Development Bank). Accessed at http://www.afdb.org/
fileadmin/uploads/afdb/Documents/Project-and-
Operations/2013-2017%20-%20Sierra%20Leone%20
Country%20Strategy%20Paper_01.pdf
Sierra Leone Embassy website, accessed on 26 June 2015 at
http://embassyofsierraleone.net/node/79
Sierra Leone’s Ministry of Mines and Mineral Resources’ website,
accessed on 26 June 2015 at http://www.slminerals.org/
key-minerals
Sierra Leone National Revenue Authority. (2013). Mines Revenue
Analysis. Accessed at http://mofed.gov.sl/publications/2013%20
Mines%20Revenue%20i.pdf
Shah, A.; and Thomashausen, S. (March 2014) Columbia Centre
on Sustainable Investment: A framework to approach shared
use of mining-related infrastructure. Case Study: Sierra Leone.
Accessed at http://ccsi.columbia.edu/files/2014/05/Case-
Study_Sierra-Leone_March-2014.pdf
SLIEPA website, accessed on 26 June 2015 at http://www.
investsierraleone.biz/
Tarawalli, P. (14 August 2012). Diagnostic Analysis of Climate
Change and Disaster Management in relation to the PRSP III in
Sierra Leone. Accessed at http://www.sl.undp.org/content/dam/
sierraleone/docs/focusareadocs/undp_sle_
analysisclimatechangeDM.pdf
References
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
Herbert Smith Freehills (HSF) is a leading
global law firm with over 2,800 lawyers,
including 470 partners, in 24 offices
worldwide.
HSF’s Fair Deal Sierra Leone initiative was
established in 2010 to deliver free, expert
legal advice to the Government of Sierra
Leone to support the management of
growing volumes of foreign direct
investment. Over 90 lawyers across our
firm have provided more than £1.5 million
worth of assistance to the GoSL to date.
The Fair Deal programme has grown to
offer policy and legislative advice, training
programmes, document drafting, contract
review, deal negotiation support, and
assistance on disputes. Support is
provided at all levels, across all disciplines,
and from offices across our global
network. A number of our associates have
spent time on secondment to the Attorney
General’s Office and the Public Private
Partnership Unit of the President’s Office
in Freetown. HSF has continued to provide
pro bono legal advice to the GoSL
throughout the Ebola crisis, including on
the commercial implications of the
outbreak.
In addition to its pro bono work with the
Government, HSF has advised in relation
to a number of significant investments into
the country in recent years, witnessing at
first hand the gradually increasing levels of
foreign investment as the Agendas for
Change and Prosperity have been rolled
out.
We look forward to continuing to build on
the Fair Deal initiative and our support for
Sierra Leone as the country returns to
economic growth.
About Standard Chartered
We are a leading international banking
group, with a 150-year history in some of
the world’s most dynamic markets. We
bank the people and companies driving
investment, trade and the creation of
wealth across Asia, Africa and the Middle
East, where we earn around 90 per cent of
our income and profits. We have operated
in Sierra Leone since 1894 and today, are
the only commercial international financial
institution in the country.
We have played a significant role in the
response to the Ebola crisis since it broke
out in 2014. This has included:
>Bolstering our health and hygiene
initiatives to protect our 150 staff, their
families and our customers.
>Setting up accounts for NGOs and
development organisations in Sierra
Leone and continuing to work with
others.
>Showing our commitment to support
local businesses through the crisis by
partnering with CDC Group plc, the UK’s
development finance institution, to
provide working capital lending facilities
of up to US$50 million in Sierra Leone.
>Global staff fund-raising drive with
match funding donated to Save the
Children and Medecins Sans Frontieres.
>Supporting the #AfricaAgainstEbola
campaign in partnership with the African
Union.
>Commissioning a public radio soap (“Ous
kyne tin dis?”, What kind of thing is
this?) to reinforce the Sierra Leone
government’s key messages on Ebola.
Our response to Ebola has enabled us to
put into action our brand promise, Here for
good.
About Prudential plc
In September 2014 Prudential made
significant donations to the two leading
NGOs fighting Ebola on the ground,
Medecins Sans Frontieres and Save the
Children. We have a long-standing
commitment to disaster relief, recovery,
and resilience in developing countries
across Asia, and with a newly expanding
life insurance business in sub-Saharan
Africa, and as a global financial services
group with £500 billion of assets under
management, we are determined to play
our part in helping West Africa to rebuild
and recover after the crisis.
Prudential Africa’s footprint is growing
across the continent and in each case we
work closely in partnership with
governments and NGOs on the ground, as
we have been doing as part of the UK City
Taskforce on Ebola. Prudential is pleased
to support this guide, which aims to restore
investor confidence in the region and
showcase its potential for long-term
investment.
Prudential plc is not affiliated in any manner with
Prudential Financial, Inc, a company whose principal
place of business is in the United States of America.
About Herbert Smith Freehills,
Standard Chartered
and Prudential plc
Introduction Part I Part II Part III Looking to the Future
51
52
