COUNCIL DECISION
of 14 May 2012
on the conclusion of the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on forest law enforcement, governance and trade in timber products to the European Union
(2012/373/EU)
Article 1
Article 2
Article 3
Article 4
Article 5
VOLUNTARY PARTNERSHIP AGREEMENT
between the European Union and the Republic of Liberia on forest law enforcement, governance and trade in timber products to the European Union
Article 1
Objective
Article 2
Definitions
Article 3
FLEGT licensing scheme
Article 4
Licensing authority
Article 5
Competent authorities of the Union
Article 6
FLEGT licenses
Article 7
Definition of legally produced timber
Article 8
Verification of legally produced timber
Article 9
Application of the FLEGT licensing scheme to timber products not exported to the Union
Article 10
Consultations on validity of licenses
Article 11
Independent auditor
Article 12
Irregularities
Article 13
Date of operation of the FLEGT licensing scheme
Article 14
Schedule for implementation of this Agreement
Article 15
Supporting measures
Article 16
Stakeholder involvement in implementation of this Agreement
Article 17
Social safeguards
Article 18
Market-related incentives
Article 19
Joint Implementation Committee
Article 20
Communication on implementation of this Agreement
For Liberia: |
For the European Union: |
The Minister of Agriculture |
The Head of the Delegation of the Union in Liberia |
Article 21
Reporting and public disclosure of information
Article 22
Confidential information
Article 23
Territorial application
Article 24
Settlement of disputes
Article 25
Suspension
Article 26
Amendments
Article 27
Annexes
Article 28
Duration
Article 29
Termination of this Agreement
Article 30
Authentic texts
Article 31
Entry into force
LIST OF ANNEXES
Annex I |
List of products subject to FLEGT licensing |
Annex II |
Legality assurance system of Liberia |
Annex III |
Conditions governing the release for free circulation in the Union of timber products exported from Liberia and covered by a FLEGT license |
Annex IV |
Requirements and technical specifications for FLEGT licenses |
Annex V |
Functions of the independent audit: terms of reference |
Annex VI |
Criteria for evaluation of the legality assurance system |
Annex VII |
Implementation schedule |
Annex VIII |
Supporting measures |
Annex IX |
Public information and transparency measures |
Annex X |
Functions of the Joint Implementation Committee |
ANNEX I
LIST OF PRODUCTS SUBJECT TO FLEGT LICENSING
HS codes |
Commercial description |
4401 |
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms, including rubber wood chips |
4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared |
4406 |
Railway or tramway sleepers (cross-ties) of wood |
4407 |
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
4408 |
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm |
4409 |
Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed |
4410 |
Particle board, oriented strand board (OSB) and similar board (for example waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances |
4411 |
Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances |
4412 |
Plywood, veneered panels and similar laminated wood |
4414 |
Wooden frames for paintings, photographs, mirrors or similar objects |
4415 |
Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood |
4416 |
Casks, barrels, vats, tubs and other coopers’ products and parts thereof, including staves |
4417 |
Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood. |
4418 |
Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes |
9403.30 |
Wooden furniture of a kind used in offices |
9403.40 |
Wooden furniture of a kind used in the kitchen |
9403.50 |
Wooden furniture of a kind used in the bedroom |
9403.60 |
Other wooden furniture |
ANNEX II
LEGALITY ASSURANCE SYSTEM OF LIBERIA
1. INTRODUCTION
2. SCOPE
2.1.
Timber sources
2.2.
Products
2.3.
Market destinations
3. INSTITUTIONAL SET-UP
Figure 1.
Institutional set-up for verification and licensing
4. LEGALITY VERIFICATION
4.1.
Legality definition and related verification procedures
4.2.
Data management
4.3.
Legality verification of operators working under an independent forest management certification scheme
5. CHAIN OF CUSTODY SYSTEM
5.1.
Standard operating procedures
5.2.
Pre-harvest
5.3.
Harvesting
5.4.
Forest log yard/landing
5.5.
Transport of logs or processed wood
5.6.
Processing of timber
5.7.
Export
5.8.
Domestic market
5.9.
Imported timber
5.10.
Timber in transit
5.11.
Rubberwood
5.12.
Data reconciliation
6. FAILURE TO COMPLY WITH THE LAS
7. LICENSING
8. INDEPENDENT AUDIT
Appendix A
LEGALITY DEFINITION, MATRIX AND VERIFICATION PROCEDURES
1.
Plan for forestry policy and law reform
2.
Legality matrix
The Legality Principle |
The Liberian legality definition is divided into 11 legality principles. Each legality principle consists of a number of legality indicators with verifiers under each indicator. A verification procedure has been developed for each indicator. |
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Legality Indicators |
This outlines the norm or requirement the Liberian Verification Department (LVD) needs to check for compliance with the specific legality principle. |
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Legality Verifiers |
Verifiers are evidence the LVD inspectors/or assessors will look for when evaluating if the specific norm or indicator has been met. This list is not exhaustive and the assessor may use additional means of verifying the relevant indicator if required. |
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Verification Guidance |
These principles guide LVD inspectors/or assessors in their evaluation of a particular indicator:
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PRINCIPLE 1: LEGAL EXISTENCE/RECOGNITION AND ELIGIBILITY TO OPERATE IN FORESTRY SECTOR |
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The forest contract or permit holder is a legally recognized business, community or an individual eligible to operate in the forestry sector |
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Indicator 1.1 The Contract or permit holder is a natural or legal person duly registered with the Government of Liberia and/or recognized by the FDA |
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Verifier |
Contract or Permit Type |
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All contract or permit types whose holder is a registered business |
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All contract or permit types whose holder is a corporation. |
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FMC/TSC under Community Forestry law, FUP/PUP, and chain saw permits issued to natural person or sole proprietorship |
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Verification Guidance |
Verification method |
Verification frequency |
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Objective: The objective of this procedure is to verify that a person seeking a forest contract or permit for harvesting, processing or exporting logs or any timber product in Liberia is either a duly registered business enterprise or one recognized by FDA as capable of obtaining and holding a forest contract or permit under Liberian law. Regulatory Control: Liberian law requires that any person conducting and/or carrying out business must register the business with the MOCI. It is an offence not to register a business. To engage in community forestry the community must be recognized by the FDA. Business registration expires annually on the date of registration and must be renewed. The NFRL also provides that any eligible person may obtain and hold a forest contract. The term ‘person’ is defined to include both natural and legal person, and incorporated and unincorporated entities. |
Description: The existence of a valid business registration document is verified by the LVD. In the event that clarity is required the LVD can obtain additional information from the MOCI and the FDA Commercial and Legal Departments. In case of community forestry, verification of FDA’s recognition of the community may be obtained from the FDA Legal and Community Forestry Department. Verification means:
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Annually |
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References: GBL (4.3 to 4.5); COCS SOP(4) |
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Indicator 1.2 The current owner(s) or shareholders of a contract or permit holder do not include the current President and the Vice President of Liberia, Members of the Legislature, Members of the cabinet, Directors and Managers of FDA, current county Superintendents or any other person specifically prohibited from owning a forest contractor or an interest in a forest contract |
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Verifier |
Contract or Permit Type |
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All contract and permit types |
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All contract and permit types |
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All contract and permit types |
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Verification Guidance/ Procedure (LAS-LVD-0.1.2) |
Verification Method |
Verification frequency |
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Objective: The objective of this procedure is to ensure that all applicants for forest licensing and/or concessions are eligible to hold a forest license. Regulatory Control: Holders of certain positions in Government are prohibited by Section 5.2b of the NFRL to conduct commercial forest operations because of actual or potential conflict of interest. A key regulatory interest is to cross check the current owner of a contract holder against the current list of prohibited senior government officials maintained by the FDA. Because the primary responsibility is on the contract holder to ensure that its owners are eligible persons, the contract holder is to execute an affidavit that it is in compliance. The veracity of the sworn affidavit will be checked against available records regarding the owners of the contract holder. The list of prohibited persons as well as the list of current shareholders of registered businesses holding contract or licenses shall be placed in the public domain, as is stated under Annex IX of this Agreement. |
Description: In order to ensure that the above requirements have been met, the LVD must review the ownership records of the contract holder to verify that the applicant is not a prohibited person or an entity whose owner(s) include prohibited person(s). Verification means:
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Per shipment |
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References: NFRL (5.2b); Regulation 103-7(21-22) Regulation 104-07(62); Sections 44, PPC Act |
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Indicator 1.3 The Contract holder is not barred from bidding or applying for a forest license or any other government contract/concession because of violations of the Public Procurement and Concessions Act (PPCA) |
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Verifier |
Contract or Permit Type |
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FMC, TSC and FUP having value of more than US $ 10 000,00 |
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Verification Guidance/ Procedure: |
Verification Method |
Verification Frequency |
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Objective: The objective of this procedure is to ensure that all applicants for forest contracts or permits are not in violation of the PPC Act governing award of concessions and other contracts. Regulatory Control: An applicant for forest licensing must not be barred from bidding for concession and other public contracts due to violations of tender rules established by the PPCC. Successful bidders must be checked against the current/updated debarment list that is produced and maintained by the PPCC under section 44 of the PPC Act, which precludes certain entities from being awarded a concession as a result of certain conditions being present after a successful application and/or bid. |
Description: In order to ensure the above requirements have been met, the LVD must verify that the applicant is not on the PPCC debarment list. The PPCC debarment list shall be one of the documents placed in the public domain as indicated in Annex IX of this Agreement. Verification means:
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Once during the contract period |
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References: Sections 44, PPC Act |
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PRINCIPLE 2: FOREST ALLOCATION |
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The Forest Use Rights covered by the contract was awarded pursuant to the National Forestry Reform Law and the Community Rights Law |
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Indicator 2.1 All communities within 3,0 kilometres of the proposed concession area (called ‘affected communities’) have been consulted by FDA and have given their informed consent to the proposed concession |
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Verifier |
Contract or Permit Type |
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FMC, TSC, and FUP having a value of more than US $ 10 000,00 |
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FMC, TSC, and FUP having a value of more than US $ 10 000,00 |
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FMC, TSC, and FUP having a value of more than US $ 10 000,00 |
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FMC, TSC, and FUP having a value of more than US $ 10 000,00 |
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Verification Guidance/ Procedure (LAS-LVD-0.2.1) |
Verification Method |
Verification Frequency |
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Objective: The law emphasizes the vital role of public participation in participatory governance, transparency and the decision-making process. The purpose of this procedure is to ensure that adequate adherence is given to this aspect in the determination and allocation of forestry resources within Liberia. Regulatory Control: The FDA is mandated to decide on the use and allocation of forestry resources held in trust by the Government. In the decision of land use planning and validation of forestry resources, public participation fulfils a key role and there exists a duty on the FDA to engage with the relevant affected communities. With a view to ensuring adequate participation, requirements are placed on the FDA in terms of notifying, informing, conducting meetings, recording comments and considering the input of such communities. Such a participatory approach ensures that the views of relevant stakeholders are taken into consideration and that an informed decision is taken in terms of land use planning and the validation of forestry resources. Pursuant to an approved manual issued by the FDA following a participatory preparation process, the affected communities include those within 3,0 kilometres of the concession area. |
Description: The LVD shall verify that FDA plans its forest land use through statutorily required consultations with communities and other stakeholders. In the case of consultation with communities, the LVD shall confirm the fact and quality of the consultations by review of documentation, including the report of the socio-economic survey and the timing and arrangements relating to the conduct and discussions at the meetings. If necessary, other government agencies such as the Ministry of Internal Affairs and the relevant affected communities may be consulted. Verification means:
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Once during the contract period |
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References: NFRL (4.1-4.5); Regulation 102-07(21-22) Regulation 104-07(62) Section 87 of the PPC Act |
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Indicator 2.2 Prior to allocation of the forest contract, FDA has obtained a Concession Certificate from the Ministry of Planning & Economic Affairs, approving the concession plan submitted by FDA and confirming that the proposed concession is consistent with national development objectives |
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Verifier |
Contract or Permit Type |
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FMC, TSC, and FUP having a value of US $ 10 000,00 or more |
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FMC, TSC, and FUP having a value of US $ 10 000,00 or more |
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Verification Guidance/ Procedure (LAS-LVD-0.2.2) |
Verification Method |
Verification Frequency |
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Objective: The procedure aims to verify that the forestry objectives of Liberia are captured in the overall development plan of the country as endorsed by the MPEA through the issuance of a concession certificate. Regulatory Control: The FDA must ensure that the forest to be allocated is suitable for commercial forestry and that a concession plan has been developed to ensure compliance with all requirements provided for by the NFRL and the PPC Act, respecting protected areas and rights of affected communities especially for use of non timber forest products. |
Description: The LVD must verify that the MPEA indeed issued a concession certificate to the FDA based on a review of the concession plan developed and submitted by FDA to ensure that the requirements for competitive bidding are met as provided for by the NFRL and the PPC Act. This is done through consultation with the FDA Legal and/or Commercial Department. Verification means:
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Once during the contract period |
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References: Regulation 104-07 (5.2(a)(i)) PPC Act (46) |
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Indicator 2.3 The Contract holder did comply with statutory prequalification requirements and was duly qualified by FDA to (i) operate in the forestry sector, and in the case of TSC and FMC, (ii) bid for the contract |
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Verifier |
Contract or Permit Type |
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FMC, TSC and FUP having a value of US $ 10 000,00 or more |
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FMC, TSC and FUP having a value of US $ 10 000,00 or more |
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FMC, TSC and FUP having a value of US $ 10 000,00 or more |
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FMC, TSC and FUP having a value of US $ 10 000,00 or more |
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FMC, TSC and FUP having a value of US $ 10 000,00 or more |
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Verification Guidance/ Procedure (LAS-LVD-0.2.3) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to verify that a company applying for licensing has complied with all the relevant prequalification requirements and as such meets the criteria of the bidding process. Regulatory Control: The FDA must ensure that all the pre-qualification requirements were met by a particular contract holder prior to the bidding process and/or obtaining the forest resource. The pre-qualification requirements inter alia include: (1) Articles of incorporation from the Ministry of Foreign Affairs (MOFA), (2) Business registration certificate by the MOCI, (3) Tax clearance from the Ministry of Finance (MOF), and (4) Liquidity guarantee from a reputable bank. |
Description: The LVD must verify that the requirements were met in the time established by law. This means that the Prequalification Certificate must be predated by the contract holder or processor’s business registration certificate, tax clearance, and required bank guarantee. Verification means:
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Once during the Contract period |
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References: NFRL (5.2(a)(i); Regulation 103-07 (41-46) |
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Indicator 2.4 The forest contract was tendered in accordance with the competitive bidding process and rules established by the Public Procurement and Concessions Act and the Regulations issued by the FDA |
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Verifier |
Contract or Permit Type |
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FMC, TSC and FUP having a value of more than US $ 10 000 |
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FMC, TSC and FUP having a value of more than US $ 10 000 |
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FMC, TSC and FUP having a value of more than US $ 10 000 |
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FMC, TSC and FUP having a value of more than US $ 10 000 |
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FMC, TSC and FUP having a value of more than US $ 10 000 |
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Verification Guidance/ Procedure ( LAS-LVD-0.2.4) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to verify that the forest license for commercial forest operations was granted based on a competitive bidding process as required by the law. Regulatory Control: The law requires that once a bid is submitted, bids are evaluated by the concession bid evaluation panel, who then submit a bid evaluation report within 60 days to the concession entity (in this case the FDA). Thereafter FDA must conclude a due diligence report on all recommended bids. After that the concession bid evaluation panel will submit a final report to the IMCC. The IMCC will then review the report and submit its recommendations to the President for final decision. |
Description: The LVD must verify that the above requirements were met by firstly consulting and verifying the existence and validity of the required documents with the FDA Commercial Department and/or Legal Department. If further clarification is required, the LVD may consult with the Concession Bid Evaluation Committee and/or the IMCC. Verification means:
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Once during the contract period |
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References: NFRL (3.3 &5.2(a)); PPC Act (115(1)&(2) and 116); and FDA Regulations 104, Section 31-36 |
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Indicator 2.5: In case of a private use permit (PUP), the contract was awarded upon the written permission of the verified land owner |
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Verifier |
Contract or Permit Type |
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PUP |
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PUP |
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Verification Guidance/ Procedure ( LAS-LVD-0.2.5) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to ensure that the PUP is only granted where private land ownership is clearly established and upon the written approval of the land owner. Regulatory Control: The LVD is required to verify the owner of a private land intended to be the subject of a PUP. This will entail checking the submitted deed against public records at the Center for National Records and Documentation (CNDRA). |
Description: The LVD must verify that the above requirements were met by first reviewing the titled deed to the land, and then confirming that the written permission is in fact from the land owner. Verification means:
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Once during the contract period |
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References: NFRL Section 5.6 |
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Indicator 2.6 In consultation with stakeholders and based on its socio-economic survey report, the FDA has prepared an integrated map showing the contract area and adjacent land areas such as other concessions, protected forest areas and private land |
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Verifier |
Contract or Permit Type |
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FMC, TSC, FUP |
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FMC, TSC, FUP |
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Verification Guidance/ Procedure ( LAS-LVD-0.2.6) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to verify that the concession area awarded to the contract holder does not encroach upon land owned by other contract holder(s) or protected forest area. Regulatory Control: It is essential that every contract area is properly demarcated to avoid overlapping of concession areas or encroachment into protected forest areas. |
Description: The LVD should verify that these requirements were met checking the validity of the concession map with the FDA Research and Development Department and the Law Enforcement Department. Verification means:
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Once during the contract period |
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References: COCS SOP (7, 8, 19, 20 & 21) Regulation 109-07 |
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Indicator 2.7 The forest contract holder has submitted a bidder’s bond along with its bid for the forest contract to the FDA |
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Verifier |
Contract or Permit Type |
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FMC and TSC |
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Verification Guidance/ Procedure (LAS-LVD-0.2.7) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to verify that the bidder has submitted the statutory required bond and met with the relevant requirements. Regulatory Control: FDA Regulations 104-07 requires bidders for FMC and TSC to submit a bid bond together with its bid. The bond should be valid for at least 12 months and in the amount equal to 1/6 of the annual area fee determined for a particular contract. The bond must, moreover, be issued by a competent and authorized institution in Liberia. According to Section 43 of Regulation 104-07, within 30 days after the selection of the winning bidder, the winning bidder may reclaim the original bond by depositing the bond amount in cash with the Central Bank of Liberia or other bank officially designated to hold the FDA’s accounts and presenting the proof of deposit to the FDA. The Regulation further provides that upon timely presentation of proof of deposit of the value of the bond with the Central Bank of Liberia, the FDA shall return the original bond to the winning bidder. However, if the winning bidder fails to offer proof of deposit within 30 days after selection, the FDA shall draw on the bond and deposit the funds with the Central Bank of Liberia or other bank officially designated to hold the Authority’s accounts. Finally, if the winning bidder and the Government execute the contract in respect of which the bond was submitted, the FDA shall arrange to credit the deposited funds towards any amounts the winning bidder owes the Government under the contract. |
Description: The LVD must verify that the requirements were met by consulting with, and verifying the validity of the Bidders Bond Receipt with the FDA Commercial and/or Finance Department. Verification means:
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Once during the contract period |
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References: Regulation 104-07 (43 & 61(b)) COCS SOP (9) |
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Indicator 2.8 The contract holder posts an initial performance bond within the period specified by law after conclusion of contract negotiations |
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Verifier |
Contract or Permit Type |
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FMC |
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TSC |
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Verification Guidance/ Procedure (LAS-LVD-0.2.8) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to verify that the required performance bond was posted within the required time period. Regulatory Control: Regulation 104-07 requires contract holders of FMC and TSC (but not FUP or PUP) to submit a performance bond within the required period of time:
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Description: The LVD must verify that the above requirements were met by consulting with, and verifying existence and validity of the performance bond with the FDA Commercial and/or Finance Department. Verification means:
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Once at start of contract period |
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References: Regulation 104-07(61(b)); COCS SOP (9) |
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Indicator 2.9 The forest contract has been signed by the contract holder and the FDA and, where applicable, duly ratified in keeping with the law |
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Verifier |
Contract or Permit Type |
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FMC and agricultural concessions/plantations |
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TSC, FUP, PUP, Chainsaw permits |
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Verification Guidance/ Procedure (LAS-LVD-0.2.9) |
Verification Method |
Verification Frequency |
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Objective: The aim of this procedure is to verify that all forest contracts are concluded in keeping with law. Regarding FMCs, the aim is to ensure that in addition to it being signed by the contract holder and the Government of Liberia, an act ratifying the FMC is also passed by both houses of the Legislature and approved by the President. In respect of all other contracts, the objective is to ensure that they are duly signed between the contract holder and the management of FDA. Regulatory Control: Once an FMC is signed with a successful bidder, the FMC should be ratified by the Legislature and the act of the Legislature ratifying the FMC approved by the President. All other forest contracts and licenses are signed between the contract holder and the FDA. |
Description: The LVD verifies that (1) every FMC has been signed and ratified, and (2) all other forest licenses are signed by the relevant contract holder and the FDA Managing Director upon approval by the FDA Board. The LVD must verify that the above requirements were met by consulting with the FDA Commercial or Legal Departments. Verification means:
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Once at start of contract period |
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References: NFRL (5.3); Regulations 104-07 (62); COCS SOP (5) |
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PRINCIPLE 3: SOCIAL OBLIGATIONS AND BENEFIT SHARING |
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Contract holder is in compliance with the social obligations and benefit sharing requirements |
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Indicator 3.1 The contract holder has negotiated a social agreement with authorized representatives of affected communities within 3,0 kilometres of the proposed concession or permit area following advance notice to these affected communities |
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Verifier |
Contract or Permit Type |
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FMC, TSC, FUP having a value in excess of US $ 10 000,00 |
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FMC, TSC, FUP having a value in excess of US $ 10 000,00 |
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FMC, TSC, FUP having a value in excess of US $ 10 000,00 |
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Verification Guidance/ Procedure (LAS-LVD-0.3.1) |
Verification Method |
Verification Frequency |
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Objective: The objective of this procedure is to ensure that a contract holder adheres to all the relevant statutory and FDA requirements pertaining to social obligations prior to obtaining its Annual Harvesting Certificate for the FMC, TSC, or FUP. Regulatory Control: The NFRL and Regulations 105-07 promulgated under the NFRL both place a duty on holders of FMC, TSC and major FUPs to negotiate a ‘Social Agreement’ with affected communities through their authorized representatives in respect of forests to be harvested. The Regulations defines affected communities as ‘a community comprising less than a statutory district (including chiefdoms, clans, townships, towns, villages, and all human settlements) whose interests are likely to be affected by operations carried out under a forest resources license. “Interests” for purposes of this definition may be of an economic, environmental, health, livelihood, aesthetic, cultural, spiritual, or religious nature.’ In practice, the affected communities are defined and identified by FDA during its pre-allocation forest use planning and socio-economic survey. According to Regulations 105-07 the duration of such social agreements are five (5) years for FMCs and FUPs, and three (3) years for TSCs. The signing of a social agreement is a pre-felling requirement for FMCs and TSCs. |
Description: The LVD must verify that the requirements are met through consultation and verification with the FDA Community Forestry Department. Verification means:
|
Per Cycle(1) |
||||||||||||||
References: Regulation 105-07 (31&32); NFRL, Section 5.6(d)(vi) |
|
|||||||||||||||
Indicator 3.2 A mutually negotiated social agreement has been signed between the contract holder and ALL affected communities through their authorized representatives, and the agreement becomes effective prior to the start of felling operations |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC, and FUP having value in excess of US $ 10 000,00 |
|||||||||||||||
|
FMC, TSC, and FUP having value in excess of US $ 10 000,00 |
|||||||||||||||
|
FMC, TSC, and FUP having value in excess of US $ 10 000,00 |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.3.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that a holder of an FMC, TSC and/or FUP having a value in excess of US $ 10 000,00 has signed a social agreement with all affected communities prior to logging operations. Regulatory Control: The holder and/or company may only negotiate the Social Agreement with the CFDC who acts on behalf of the affected communities. The CFDC must be representative of all the communities affected by the contract holders logging activities. There may be more than one CFDC representing communities affected. Annual audits are conducted by the FDA to monitor, assess and ensure compliance with the conditions of a FMC, TSC and FUP having value in excess of US $ 10 000,00. Section 31 (b) (1) of Regulations 105-07 states that the contract holder ‘shall ensure that at all times, for the duration of the forest resources license, a social agreement for the benefit of all affected communities is in force with respect to the area to be logged’. Section 31 (b) (2) further provides that the contract holder ‘may not fell trees unless a social agreement for the benefit of all affected communities is in force with respect to the area to be logged under a forest resource License’. |
Description: The LVD must verify that the above requirements were met through consultation with and verification of the executed social agreement with the FDA Community Forestry Department. Verification means:
|
Per cycle |
||||||||||||||
References: Regulation 105-07 (31) |
|
|||||||||||||||
Indicator 3.3. The terms of the social agreement between the contract/permit holder and the affected communities include a code of conduct governing parties to the agreement, a dispute resolution mechanism, plus (i) a description of amounts of financial benefits payable to the community by the contract holder and (ii) a requirement that the contract/permit holder pays the amounts quarterly in an interest-bearing escrow account that the contract/ permit holder shall maintain in trust on behalf of all affected communities |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC, and FUP having a value in excess of US $ 10 000,00 |
|||||||||||||||
|
FMC, TSC and FUP having a value in excess of US $ 10 000,00 |
|||||||||||||||
|
FMC, TSC and FUP having a value in excess of US $ 10 000,00 |
|||||||||||||||
|
FMC, TSC and FUP having a value in excess of US $ 10 000,00 |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.3.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that all the statutory requirements are met and that all the prescribed conditions and/or elements are included in the social agreement negotiated. Regulatory Control: Any social agreement negotiated between one or more CFDCs must inter alia contain:
Section 33 (a) of Regulations 105-07 provides that the FDA shall make model codes of conduct freely available on the Internet and shall, upon request, provide paper or electronic copies of model codes of conduct to contract/permit holders, CFDCs, and affected communities. |
Description: The LVD must verify that the above requirements were met through consultation with and verification of the contents of the signed social agreement with the FDA Community Forestry Department. Verification means:
|
Per cycle(1) |
||||||||||||||
References: NFRL (5.3(b) &5.6(d)), Regulation 105-07 (33) |
|
|||||||||||||||
Indicator 3.4 The social agreement between the contract holder and the community or communities has been attested to by the FDA |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC, and FUP having value in excess of US $ 10 000,00 |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.3.4) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure and/or verify that the social agreement has been approved by the FDA. Regulatory Control: Any social agreement negotiated must be submitted to the FDA for attestation. Upon receipt of the document, the FDA will review the agreement to determine its completeness, accuracy and conformity with the law. If the agreement does not meet the relevant criteria, the FDA must reject it and supply reasons for its decision. The holder may remedy any deficiencies and resubmit the social agreement to the FDA for reconsideration. The FDA will attest to the social agreement if it is satisfied that the agreement is complete, accurate and complies with the relevant laws. |
Description: The LVD must verify that the above requirements were met through consultation with and verification of the existence and validity of the attested social agreement with the FDA Community Forestry Department. Verification means:
|
Per cycle |
||||||||||||||
References: Regulation 105-07 (36) COCS SOP (9) |
|
|||||||||||||||
Indicator 3.5 The stipulated fees owed to the communities by the contract holder under the social agreement are paid by the contract holder (i) within the prescribed time periods and (ii) into an escrow account opened by the contract holder for this purpose |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC and FUP having a value in excess of US $ 10 000,00 |
|||||||||||||||
|
FMC, TSC and FUP having a value in excess of US $ 10 000,00 |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.3.5) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify that the relevant fees due to the community have been paid in a timely manner. Regulatory Control: The social agreement contains financial terms of the performance which are of essence to the agreements. It is therefore essential that the timely payment of the fees agreed and provided for in the social agreements is verified. At the operational level, control points may include statements of escrow account, and annual audit reports by the FDA measuring compliance of contract holders. |
Description: The LVD must verify that the above requirements were met through confirmation. In the event that further clarification is required, the FDA Commercial and Community Forestry Departments may be consulted. Verification means:
|
Per shipment |
||||||||||||||
References: Regulation 105-07(36)10 Regulation 107-07 (33); |
|
|||||||||||||||
PRINCIPLE 4: FOREST MANAGEMENT OPERATIONS AND HARVESTING |
||||||||||||||||
Forest management operations and harvesting complies with all applicable laws |
||||||||||||||||
Indicator 4.1 The contract or permit holder has completed an annual operational plan and where applicable, a forest management plan |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All Contract and permit types except agricultural concessions/plantations |
|||||||||||||||
|
All Contract and permit types except agricultural concessions/plantations |
|||||||||||||||
|
FMC |
|||||||||||||||
|
PUP |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.4.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to ensure that every contract holder complies with the relevant statutory pre-requisites before commencing felling operations. Regulatory Control:
|
Description: The LVD must verify that the above requirements were met through consultation with FDA and EPA including Commercial and Community Forestry Departments. Verification means:
|
Annually (for operational plan); Per cycle (Management plan) |
||||||||||||||
Reference: NFRL (4.5, 5.3,5.4, 5.6) Regulation 104-07 (62a); EPML (23); COCS SOP (9) |
|
|||||||||||||||
Indicator 4.2 The contract or permit holder complies with the terms of its annual operational plan and requirements of law regarding the species and quantities it is permitted to harvest |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC |
|||||||||||||||
|
All forest contracts except FMC |
|||||||||||||||
|
All contract and permit types except agricultural concessions/plantations |
|||||||||||||||
|
All contract and permit types except agricultural concessions/plantations |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.4.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that a contract or permit holder complies with its annual harvesting allocations and obligations as approved by the FDA. Regulatory Control:
|
Description: This requirement is verified in detail by the LVD. The LVD must verify that the above requirements were met through consultation with the FDA Commercial Department. Verification means:
|
Annually |
||||||||||||||
References: NFRL (3.2;3.4) & COCS SOP (7-11) |
|
|||||||||||||||
PRINCIPLE 5: ENVIRONMENTAL OBLIGATIONS |
||||||||||||||||
Contract Holder and Timber Processor have met all environmental obligations required by law |
||||||||||||||||
Indicator 5.1 The Contract or permit holder and timber processor have completed an Environmental Impact Assessment that is approved by EPA |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.5.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify that the relevant requirements have been met in relation to the EIA application process. Regulatory Control: An Environmental Impact Assessment (EIA) License is required by the Environmental Protection and Management Law (EPML) of 2002 for activities listed and/or identified in Annex 1 to the Act. In relation to forestry activities, the following require an EIA: (1) logging and/or timber processing, (2) plantation forestry. In addition to the Environmental License, the EPA issues an Environmental Impact Permit which states the conditions attending the License and which the environmental license holder must comply with. Prior to issuing the license, the FDA provides the necessary consideration and inputs into the EPA evaluation. |
Description: The LVD must confirm with the FDA and the EPA that the contract or permit holder has not only an EI license but also an EI permit that sets forth with specificity the conditions that the EI license holder must comply with. Verification means:
|
Once during the validity of the EI License and Permit |
||||||||||||||
References: EPML (6,21-23); Reg (105-107) COCS SOP (9) |
|
|||||||||||||||
Indicator 5.2 The contract or permit holder or timber processor implements the mitigating measures identified in its EIA as indicated in the EI permit |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.5.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that any conditions and/or mitigation measures identified and imposed by the EPA are implemented by the contract or permit holder or timber processor and that there are no environmental transgressions inconsistent with the EI permit. Regulatory Control: A record of decision and/or an environmental authorization must be issued to the contract or permit holder prior to commencement of logging operations. The EPA and FDA monitor compliance with the conditions of, and/or mitigations measures identified through regular and/or spot audits. The holder of EIA license is under a duty to submit notifications to EPA if there is a material change in project or activity that may impact on environment. The EPA may further institute enforcement action in the event of non-compliances. |
Description: The LVD must consult with, and verify with the FDA Environmental Impact Assessment Division, and the EPA Monitoring Department as well as the Outstation & Inspectorate Department that the contract holder complies with the conditions of the EI permit. Verification means:
|
Annually |
||||||||||||||
References: EPML (24-27), EPAA |
|
|||||||||||||||
Indicator 5.3 Contract or permit holder or timber processor has disposed of equipment, fuel, wood refuse and related waste arising from its operations in a lawful and environmentally appropriate manner |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.5.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that all waste is lawfully disposed of in an environmentally appropriate manner. Regulatory Control:
|
Description: The LVD must consult with, and verify with the FDA Commercial Department and Law Enforcement Division. In addition the EPA Monitoring Department as well as the EPA Outstation & Inspectorate Department must be consulted. Additional information could be obtained from the contract or permit holder and timber processors directly. Verification means:
|
Annually |
||||||||||||||
References: EPML (24-27), EPAA |
|
|||||||||||||||
Indicator 5.4 Contract holder has maintained a buffer between its harvesting operations and water courses, and has specifically not felled trees that could threaten the flow or stability of the water course(s) |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.5.4) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that the permit holder is in compliance with the relevant requirements relating to water management and the prevention of pollution of water resources. Regulatory Control: The objective is to ensure overall compliance in respect of water resource management. In this regard, the Code of Harvesting Practices (2007) prohibits logging in protected areas and water courses. It requires that adequate buffer strips be maintained between harvesting areas and water courses. In respect of measuring compliance, both the EPA and FDA are tasked with routine inspections and compliance audits which the LVD will review to determine compliance of the contract or permit holder. |
Description: The LVD must consult, and verify with the FDA Commercial Department and Law Enforcement Unit. In addition the EPA Monitoring Department as well as the Outstation & Inspectorate Department must be consulted. Additional information can be obtained from the Contract Holder and/or timber processor directly. Verification means:
|
Annually |
||||||||||||||
References: EPML (parts IV & V), Code of Harvesting Practices (3.1; 3.2; 4 et al) |
|
|||||||||||||||
Indicator 5.5 The Contract or permit holder has in place procedures (i) to ensure compliance with rules regarding wildlife conservation, and (ii) to avoid harvest or trade in endangered or threatened plants and animals species |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.5.5) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that the contract or permit holder is in compliance with the provisions of Sections 9.11(v) which requires ‘hunting and wildlife trading certificates and licenses’ and the provisions of 9.12(i) of the NFRL which prohibit hunting, capturing or trading in endangered species. Regulatory Control: The objective is to ensure compliance with the requirements of Section 9.11 of the NFRL regarding conserving, managing and controlling the use of wildlife as well as the prohibition of Section 9.12 that no person shall capture, harvest or trade any species that the FDA has designated as threatened or endangered. In respect of measuring compliance, both the EPA and FDA are tasked with routine inspections and compliance audits to verify adequate procedures are in place and there is no evidence of illegal harvest or trade. |
Description: The LVD must consult, and verify with the FDA Commercial Department and Law Enforcement Division. In addition the EPA Monitoring Department as well as the EPA Outstation & Inspectorate Department must be consulted. Verification means:
|
Annually |
||||||||||||||
References: Sections 9.11 and 9.12 of the NFRL; EPML (parts IV & V), Code of Harvesting Practices (3.1;3.2 et al) |
|
|||||||||||||||
PRINCIPLE 6: TIMBER TRANSPORTATION AND TRACEABILITY |
||||||||||||||||
The Contract or permit holder or timber processor meets all of its obligations required by law for the transportation and traceability of timber and/or timber products |
||||||||||||||||
Indicator 6.1 Transportation of logs, timber and other timber products is accompanied by a waybill identifying chain of custody numbers/references and a named destination |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
Imported timber permit |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.6.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to ensure that a contract holder or processor is in compliance with the relevant statutory requirements pertaining to the transport of logs, timber and timber products. Regulatory Control: The transport of logs, timber and timber products to either a processing facility or port is subject to the completion of a waybill that must accompany the load. Transporters must possess valid transporter registration issued by the FDA. Detailed procedures will be developed during first two years of VPA implementation to guide incorporation of imported timber into the COCS. |
Description: The LVD must confirm that the requirements relating to transport of timber products have been met through confirmation of control in the Chain of Custody Information System (COCIS) (linking waybill and bar codes). Verification means:
|
Per Shipment or load |
||||||||||||||
References: COCS SOP (13-17, 19 & 20) |
||||||||||||||||
Indicator 6.2 All logs are properly marked and entered in the chain of custody system in accordance with standard operating procedures of the FDA |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.6.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that a contract or permit holder is in compliance with the relevant COCS requirements and that all logs are integrated into the COCS. Regulatory Control: As part of the COCS and in line with the Ten Core Regulations, various standard operational procedures and operational control documents have been developed that are checked by the COCS/FDA. |
Description: The LVD verifies that the Contract or permit holder has complied with COCS requirements by consulting with FDA and reviewing the log data in the COCIS. Verification means:
|
Per shipment or load |
||||||||||||||
References: COCS SOP (13-17, 19 and 20) |
||||||||||||||||
Indicator 6.3 All logs, timber and timber products harvested or transported by the contract or permit holder originate from the concession area of the contract or permit holder |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.6.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that every contract or permit holder only harvest and transport timber or timber products from its approved contract/license area. Regulatory Control: The FDA Ten Core Regulations requires that all timber or timber products are harvested from a licensed forest area and in compliance with the said license. |
Description: The LVD verifies this requirement by obtaining confirmation from review of the relevant standard forms and the FDA Compliance Audit Report. Verification means:
|
Per shipment or load |
||||||||||||||
References: COCS SOP (13-15) |
||||||||||||||||
Indicator 6.4 All logs, timber, or timber products imported (not in transit) into Liberia have complied with applicable legislation and regulations of the country of harvest |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
Imported timber permit |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.6.4) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that logs and timber products imported into Liberia come from legal sources and are also custom cleared in accordance with Liberian legislation. Regulatory Control: The key requirement of Liberian law is that all timber harvested or imported into the country comes from a legal source. The legality of timber in the country of harvest can be demonstrated by a certificate issued under a sustainable forest management certification scheme or legality verification scheme that have been assessed and approved by the Government of Liberia in consultation with concerned governments. Imported timber controlled by a LAS of another VPA country that has an operational FLEGT licensing scheme will be considered legal in the Liberian LAS. |
Description: The LVD must verify that timber imported into Liberia is legal under the laws of the country of harvest. In this regard, verification requires review of the document showing legality of the timber in the country of harvest. Verification means:
|
Per import consignment |
||||||||||||||
References: Regulation 108-07 (44(d)) |
|
|||||||||||||||
Indicator 6.5 All logs or timber products in transit are (i) physically segregated from domestic or imported timber, and (ii) custom-controlled at all times while in Liberia |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
Timber in transit |
|||||||||||||||
|
Timber in transit |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.6.5) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that logs and timber products in transit through Liberia are not integrated in the chain of custody system or mixed with domestically harvested or imported timber. Regulatory Control: A key regulatory requirement, which is also a cornerstone of the LAS is that timber in transit are not integrated in the COCS and that at the point of export it will not be subject to issuance of a Liberian FLEGT License. It is required that the country of harvest is clearly articulated in the bill of lading, customs documents and other transport documents. |
Description: The LVD must verify that timber products in transit are or were at all times physically segregated from imported and domestic log and timber products and under control of the Bureau of Customs. Verification means:
|
Per unit of transport |
||||||||||||||
References: Regulation 108-07 (44(a)-(c)) |
|
|||||||||||||||
Indicator 6.6 The FDA has complied with legal requirements for (i) seizure and or (ii) auctioning of abandoned logs wherever found |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC and FUP |
|||||||||||||||
|
FMC, TSC, and FUP |
|||||||||||||||
|
FMC, TSC, and FUP |
|||||||||||||||
|
FMC, TSC, and FUP |
|||||||||||||||
|
FMC, TSC, and FUP |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.6.6) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that any abandoned log and timber products found are seized and auctioned in keeping with procedures established by law. The lawful seizure and auctioning of abandoned logs re-establishes their legality. Regulatory Control: Upon discovery of abandoned logs the FDA shall petition a court in the specific county where the logs were found for authorization to seize and auction the logs. If the Court is satisfied that there is adequate legal reason to grant the petition, it will authorize the seizure and consequent auction which will all be carried out under its supervision. |
Description: The LVD must verify that the above requirements were met through consultation with and verification of relevant documents with the FDA Commercial Department. Verification means:
|
Every time abandoned logs are entered into the COCS |
||||||||||||||
References: Regulation 108-07(51(d)&(e)) |
|
|||||||||||||||
PRINCIPLE 7: TRANSFORMATION AND TIMBER PROCESSING |
||||||||||||||||
Timber processors have complied with the relevant Liberian laws and regulation |
||||||||||||||||
Indicator 7.1 A timber processor has applied for and obtained required sawmill permit (either Class A, B, or C operator permit) following payment of required fees and prior to commencement of its operations |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.7.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that the timber processor has obtained the required permit prior to commencement of operations. Regulatory Control: Timber processors are required to obtain a sawmill permit prior to commencement of operations. Applications for permits are submitted to the FDA and if requirements fulfilled, the FDA will issue the relevant permits (Class A, B, or C). In addition, the EPA must approve an environmental plan for sawmill operations. |
Description: The LVD must verify that every timber processor has a saw mill permit. The verification will be through consultation with FDA Commercial Department. Verification means:
|
Annually |
||||||||||||||
References: Regulation 107-07 (46); COCS SOP (26) |
|
|||||||||||||||
Indicator 7.2 All logs harvested in Liberia and logs imported from 3rd countries for processing are accompanied by their chain of custody ID numbers |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types, including imported log and timber products |
|||||||||||||||
|
All contract and permit types, including imported log and timber products |
|||||||||||||||
|
All contract and permit types, including imported log and timber products |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.7.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that all logs entering processing facilities are well documented and the legal origin verified. Regulatory Control: It is a key requirement of Liberian law that all processing facilities have effective control systems in place and only source legally harvested logs that are in the COCS. |
Description: The LVD must verify that all logs entering processing facilities are entered into the COCS. If further clarification is required, the FDA Commercial Department may be consulted. Verification means:
|
Per shipment or load |
||||||||||||||
References: COCS SOP (15, 19 & 20) |
|
|||||||||||||||
Indicator 7.3 The timber processor has in place a system of recording timber products through the mill or processing activity to ensure their traceability |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
|
Sawmill permit |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.7.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to ensure that traceability is maintained through processing that will verify that timber products originating from a processing facility can be linked to a source of verifiable legal origin. Regulatory Control: The FDA requires adequate measures are in place to ensure that products are duly entered into the COCS and can be traced through the processing chain. |
Description: The LVD must verify that the requirements were met through confirmation of effective COCS in the processing facility. If further clarification is required, the FDA Commercial Department may be consulted. Verification means:
|
Per shipment or load |
||||||||||||||
References: NFRL 13.5; COCS SOP (15) |
|
|||||||||||||||
PRINCIPLE 8: WORKERS RIGHTS, HEALTH SAFETY AND WELFARE |
||||||||||||||||
The contract/ permit holder or timber processor meets its obligation under the Labour Law and any collective bargaining agreements of the timber industry |
||||||||||||||||
Indicator 8.1 Liberian nationals are given preference by contract/permit holders and timber processors in the employment of skilled and unskilled workers in keeping with Liberian Labour Law |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.8.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify that persons hired by the contract holder and/ or timber processor have been employed following Legislative requirements. Regulatory Control: All aspects of employment are regulated by the Liberian Labour Law (LLL). These laws require that only Liberian nationals are preferred in all employment decisions, and that a non Liberian may be hired only if it is demonstrated that no Liberian national is competent and available to fill a post requiring specialized skills. Labour agents and/or inspectors monitor implement and evaluate compliance with the legislative requirements relating to hiring of employees, conditions of work, etc. |
Description: The purpose of this indicator is not to evaluate specific aspects of employment (which are dealt with elsewhere), but to verify overall compliance with the law on preferred employment of Liberians. The LVD needs to crosscheck and/or verify the compliance with MOL Employment Section and also Labour Inspectorate Section. Verification means:
|
Per shipment |
||||||||||||||
References: LLL (54 to 60,75, 1503) Code of Harvesting Practices (12.2) |
|
|||||||||||||||
Indicator 8.2 The contract/permit holder or timber processor pays to all its employees no less than the minimum wage established by law |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.8.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify whether employees receive fair wages as provided for by the Law. Regulatory Control: All employees are entitled to receive adequate wage which must not be below the minimum prescribed wage. In addition to this duty placed on employers, Labour inspectors will also investigate compliance. Moreover, employees should be aware of this requirement. The Minimum wage is set from time to time by a minimum wage Board and duly communicated upon establishment. |
Description: The LVD needs to crosscheck and/or verify that fair wages are paid by liaising with the MOL Labour Inspectorate Section. Verification means:
|
Per shipment |
||||||||||||||
References: LLL(500-513) Code of Harvesting Practices (12.2) |
|
|||||||||||||||
Indicator 8.3 The contractor/permit holder or timber processor complies with the maximum hours of work, leave and rest periods laid out in law |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.8.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify whether employees’ working hours comply with the provisions of LLL. Regulatory Control: The Law provides for the maximum working hours per day (8 hours) or per week (48 hours). Certain variations are in respect of certain activities and also seasonal work. In addition to the maximum prescribed hours, LLL provides for overtime of 50 % above normal rate where such hours are exceeded. LLL also provides for an hour rest where five hours are exceeded, which hour is included in the working hours. Moreover, specific leave requirements are provided for. |
Description: The LVD needs to crosscheck and/or verify that prescribed working hours are complied with by liaising with the MOL Labour Inspectorate Section. Verification means:
|
Annually |
||||||||||||||
References: LLL (700-706,906) |
|
|||||||||||||||
Indicator 8.4 The contract/permit holder or timber processor has neither employed anyone under the age of sixteen nor engaged in the practice of forced labour |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.8.4) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify whether the minimum age of employment (and prohibition on forced labour) is complied with. Regulatory Control: Section 74 of the Labour law says that it ‘shall be unlawful for any person to employ or hire any child under the age of sixteen during the hours when he is required to attend school’. The Constitution of Liberia and the LLL also prohibit forced labour. |
Description: The LVD needs to crosscheck and/or verify that the minimum age is respected by liaising with the MOL Labour Inspectorate Section. Verification means:
|
Annually |
||||||||||||||
References: LLL (74) |
|
|||||||||||||||
Indicator 8.5 The contract/permit holder or processor pays its (employer’s) contributions to the employee pension and social security funds established by Liberian Law |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.8.5) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify whether employers meet their obligations in respect of retirement pension and social security pension. Regulatory Control: LLL and the National Social Security Law (NSSL) place an obligation on employers to contribute to two schemes established and operated by the National Social Security and Welfare Corporation of Liberia for purpose of protecting employees. The first scheme is the Retirement Pension Scheme while the second is an insurance scheme. Every employer having five or more employees must contribute to these schemes; the social security scheme is to provide for pension payments for employees who have retired while the insurance scheme is to address matter of occupational injuries. |
Description: The LVD needs to crosscheck and/or verify that there has been compliance with the above verifiers through consultation with the MOL Labour Inspectorate Section as well as the NSSWC. Verification means:
|
Annually |
||||||||||||||
References: LLL (2500 to 2501) NSSL (89.9) |
|
|||||||||||||||
Indicator 8.6 The contract/permit holder or timber processor has observed legal requirements concerning housing and sanitation as well as operational hygiene and general workers safety pursuant to the code of harvesting practices and guidelines issued by the FDA |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.8.6) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to ensure that a contract holder or company applying for FLEGT licensing complies with the relevant statutory and FDA requirements in respect of workers health and safety. Regulatory Control: The Code of Forest Harvesting Practices (2007) was developed by the FDA to regulate, inter alia, operational hygiene and workers safety. The code outlines operational requirements. Annual audits are conducted by the FDA to monitor, assess and ensure compliance with the conditions of the various forest contracts and permits. |
Description: The LVD must verify that workers health, sanitation and shelter are properly addressed by the contract holder. This is to be done through consultation with the FDA and a review of the Compliance Audit Reports by the FDA Law Enforcement Unit. Verification means:
|
Annually |
||||||||||||||
Reference: Code of Harvesting Practices (3.0 and 4.0) |
|
|||||||||||||||
PRINCIPLE 9: TAXES, FEES AND OTHER PAYMENTS |
||||||||||||||||
The contract holder or timber processor is current in its compliance with all fiscal obligations including payment of taxes and fees |
||||||||||||||||
Indicator 9.1 The contract/permit holder or timber processor has settled all tax arrears prior to the signing of the contract or the issuance/renewal of the saw mill permit |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types except agricultural concessions/plantations |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.9.1): |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that the contract holder or timber processor has cleared all tax arrears prior to signing contract. Regulatory Control: The law requires that a bidder or contract holder has met all fiscal obligations prior to commencement of operations. |
Description: The LVD must verify that the above requirements were met through consultation with the FDA Commercial and Finance Departments and verification of valid tax clearance. Verification means:
|
Once during the effective period of the contract or permit type |
||||||||||||||
References: Regulation 107-07 |
|
|||||||||||||||
Indicator 9.2 The contract/permit holder or timber processor has paid the initial annual area fee (in case of contract holder) or annual registration fee (in case of timber processor) prior to the signing of the contract or the issuance/renewal of the permit |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC |
|||||||||||||||
|
FMC, TSC, FUP having value of more than US $ 10 000 |
|||||||||||||||
|
Timber processors, chain saw operators |
|||||||||||||||
|
FMC, TSC, FUP, chain saw operators, timber processors |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.9.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that the contract/permit holder has paid the annual area fee and that the timber processor has paid their annual registration fee. Regulatory Control: The FDA or an authorized representative of FDA has, as part of the COCS, provided for mechanisms to ensure the implementation and payment of all forest related taxes and fees. |
Description: The LVD must verify that the above requirements were met through confirmation with an authorized representative of FDA. Verification means:
|
Annually |
||||||||||||||
References: COCS SOP (9) |
|
|||||||||||||||
Indicator 9.3 The contract or permit holder has been cleared by the Ministry of Finance upon paying all taxes and fees required of it by law and in keeping with the terms of its contract |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types except agricultural concession/plantations |
|||||||||||||||
|
All contract and permit types except agricultural concession/plantations |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.9.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that all relevant forest taxes are paid. Regulatory Control: Section 2108 of Phase One of the Reform Tax Code, as amended, and Section 14.2 of the NFRL, as well as Regulations 107-07 of the FDA established stumpage fees, land rental fees and forest product fees as some of the fees that contract holders are required to pay in addition to corporate income tax and other duties. Regulation 107-07 requires that all taxes and fees be paid on their due date, and that failure to pay such fees on their due date shall attract penalties after a thirty-day grace period. |
Description: The LVD must verify that the above requirements were met through confirmation in COCIS. In the event that clarification is required, the LVD may check with the Registration Return Services Division at the Ministry of Finance. Verification means:
|
Annually |
||||||||||||||
References: Regulation 107-07 61-63; COCS SOP (9) |
|
|||||||||||||||
Indicator 9.4 Contract/permit holder or timber processor has filed its annual tax return with the Ministry of Finance no later than March 31st of each year |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.9.5) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that a contract or permit holder or timber processor has filed its annual tax return as specified by law. Regulatory Control: The law requires that companies file annual tax returns between 31 December and 31 March of the following year. |
Description: The LVD must verify that the requirements were met by consulting with the Registration Return Service Section within the Large Income Tax Division (Ministry of Finance) to ensure that the return was filed. Verification means:
|
Annually |
||||||||||||||
References: Revenue Code of Liberia 109(c)(d)(e) |
|
|||||||||||||||
PRINCIPLE 10: EXPORT, PROCESSING AND TRADE REQUIREMENTS |
||||||||||||||||
All contract and permit holders as well as timber processors have complied with export, processing and trade requirements |
||||||||||||||||
Indicator 10.1 Any person exporting logs, timber and/or timber products is duly registered with the FDA annually |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All exporters of logs, timber and timber products |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.10.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that exporters have complied with the statutory requirements/registration for exporting logs, timber and/or timber products. Regulatory Control: Section 41 of Regulations 108-07 provides that before ‘exporting logs, timber, or wood products, a person shall register with the Authority as an exporter and renew the registration annually’. |
Description: The LVD must verify annually with the FDA Commercial Department that a particular company and/or permit holder is registered as an exporter. Verification means:
|
Annually |
||||||||||||||
References: Regulation 108-07 (41) |
|
|||||||||||||||
Indicator 10.2 All shipments of logs, timber, or timber products loaded for export have been entered into the chain of custody system |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All exported logs and timber products |
|||||||||||||||
|
All exported logs and timber products |
|||||||||||||||
|
All exported sawn timber |
|||||||||||||||
|
All exported logs and timber products |
|||||||||||||||
|
All exported logs and timber products |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.10.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that all export shipments have been included in the COCS. Regulatory Control: Section 42 of Regulation 108-07 provides that Government officials in charge of ports and customs shall not allow bulk shipments of logs, timber, or timber Products to be loaded on vehicles, vessels, or aircraft for export unless the officials verify all of the following:
|
Description: The LVD must verify through inspection of each consignment. Verification means:
|
Per shipment |
||||||||||||||
References: Regulation 108-07 (42); COCS SOP (20-21) |
|
|||||||||||||||
Indicator 10.3 Any load of logs, timber, or timber products has been priced according to current market information gathered, sorted and maintained by the LVD |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.10.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The aim of this procedure is to verify that all export shipments have been priced according to the relevant and/or accepted market prices. Regulatory Control: Regulation 108-07 of the FDA requires that no under-priced timber or timber products will be loaded for export. |
Description: The LVD must verify through confirmation with LVD databases that none of the contract and/or reference prices of a particular shipment were indicative of under-pricing. If clarification is needed, the Ministry of Commerce can also be consulted. Verification means:
|
Per load or shipment |
||||||||||||||
References: Regulation 108-07 (43); COCS SOP (18 &21) |
|
|||||||||||||||
PRINCIPLE 11: TRANSPARENCY AND GENERAL DISCLOSURE |
||||||||||||||||
Indicator 11.1: The contract or permit holder has published bi-annually in a newspaper of general circulation, a list of the amounts and dates of all payments and considerations provided the Government of Liberia in respect of specified contract area |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
FMC, TSC, PUP, FUP and Chain Saw Permit |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.11.1) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify that holders of forest licenses publish the required data in a newspaper circular as a mechanism of transparency and accountability. Regulatory Control: The NFRL requires holders to biannually (no later than 15 March and 15 September) publish notices containing the following information in a newspaper in circulation in Monrovia:
|
Description: The LVD needs to crosscheck and/or verify that the publication of the aforesaid information took place and that the notices contained the required information with the FDA Commercial Department. Verification means:
|
Semi-annually |
||||||||||||||
References: NFRL (5.8) |
|
|||||||||||||||
Indicator 11.2 The contract or permit holder is currently participating in the Liberia Extractive Industries Transparency Initiative (LEITI) |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/ Procedure (LAS-LVD-0.11.2) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify whether a contract or permit holder is compliant with LEITI. LEITI which includes forest resources aims to ensure transparent and accountable resource governance. Regulatory Control: LEITI publishes and/or disseminates widely the details of all payments made by inter alia the forestry sector to the Government, and the corresponding revenues received by the Government. |
Description: The LVD needs to crosscheck and/or verify the publication of the LEITI report with the FDA Commercial Department. Verification means:
|
Annually |
||||||||||||||
References: LEITI Act (4.1 & 5.4) |
|
|||||||||||||||
Indicator 11.3 Copies of the contract, license, permits, records of payments made to Government as well as the bid evaluation report of its successful bid are made publicly accessible by FDA in keeping with the Freedom of Information Act of Liberia |
||||||||||||||||
Verifier |
Contract or Permit Type |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
|
All contract and permit types |
|||||||||||||||
Verification Guidance/Procedure (LAS-LVD-0.11.3) |
Verification Method |
Verification Frequency |
||||||||||||||
Objective: The objective of this procedure is to verify whether the contract or license of the contract or permit holder as well as other documents pertaining to the concession of the contract holder are published or publicly available in keeping with the LEITI Act and the Freedom of Information Act. Regulatory Control: LEITI requires publications of all concessions in the forestry sector. The Freedom of Information Act requires publication and or public accessibility of all documents affecting public interest. Because the concession and the underlying document submitted for the concession implicate public interest, the objective is to ensure their availability to the public especially civil society. |
Description: The LVD needs to crosscheck and/or verify the Publication Scheme with the FDA Commercial Department and check the LEITI website for publication of the contract. Verification means:
|
Annually |
||||||||||||||
References: LEITI Act (4.1 & 5.4); Freedom of information Act (Section 2.6) |
|
LIST OF ACRONYMS
LEGISLATION REFERENCED IN LIBERIAN LEGALITY DEFINITION
Appendix B
Stage |
Responsibilities of operators |
Verification by the FDA |
||||||||||||||||
|
Activities |
Data entered in COCIS |
Key outputs |
Assessments and field inspections |
Data validation within COCIS(1) |
Reconciliation between and/or within stages of the supply chain(2) |
||||||||||||
Pre-harvest |
Registration of contract holder’s business unit in COCIS Delineation and block cutting (GPS located grid system) of contract areas allocated by the FDA Enumeration of all trees of commercial size and affixing of COCIS barcode tags on trees Forest mapping: Location of tree and natural features |
Contract holder TIN (Registration number issued by Ministry of Commerce) Coordinates of blocks Stock survey data, including tree ID, tree species, diameter at breast height, height and location in the block of 2 500 m2 |
Block maps Sketch maps Stock survey results and request for crop trees Annual operational plan |
Office:
Field:
|
ID numbers of trees, tree species, diameter at breast height, height and location Use of barcode tags |
|
||||||||||||
Harvesting |
Felling of trees, production of tree lengths or logs Affixing of COCIS barcode tags to logs and stumps Measurement of tree lengths or logs Hauling to forest log yard (at roadside) Identifying proposed road alignment and inventory of trees on proposed route |
Contract holder TIN Tree data: ID number, species, diameters and length Stump ID numbers |
Tree data forms Road alignment forms |
Felling site:
|
Tree data (while standing): ID number, species, diameters and estimated length Felled tree location, species and log dimensions; |
Between stock survey and tree data forms(3):
ID link between stump, tree and tree length/log |
||||||||||||
Forest log yard/any other log yard |
Cross-cutting or dressing of tree lengths or logs Affixing of COCIS barcode tags to cross-cut or dressed logs Scaling of logs |
Contract holder TIN Log data: ID number, species, diameters, length, volume and quality of log Link between tree lengths or long log and cross-cut or dressed logs |
Log data form |
At log landing:
|
Log data: ID number, species, diameters, length and volume of log |
Between tree data forms and log data forms:
ID link between stump, tree, tree length/log and crosscut or dressed logs Harvested volume and paid stumpage fee |
||||||||||||
Ownership transfer |
Request from owner of the logs for change of ownership Registration of timber product ID numbers by the new owner |
ID numbers of previous and current owners Timber product ID numbers subject to change of ownership |
Declaration on change of ownership |
|
|
Consistency of the log ID numbers and log data between the previous and current owner |
||||||||||||
Transport |
Loading of logs onto truck Transport of logs Unloading of logs |
Unique waybill ID Origin and destination Log owner Transporter List of logs transported, including ID number, species, dimensions, and volume |
Waybills (origin and destination) |
Random waybill inspections along the transport route (e.g. in the log yard, or at roadside checkpoints) |
|
Between log data form and waybill
|
||||||||||||
Processing site |
Reception of logs or other timber products (raw materials) Storing of raw materials Dressing of logs and affixing of new barcode tags Feeding of raw materials into processing Handling of processed goods, including affixing of COCIS barcode tag to product batches Storing of processed goods |
Data on raw material received and stored at mill site: ID number, species, dimensions, volume Input product data: ID number, species, dimensions, volume Date Output product data: Batch ID number, species, dimension and volume (quantity) Data on processed products stored at mill site: Batch ID number, species, dimensions, volume and grade |
Sawmill entry form Raw material inventory bookkeeping Production form specifying inputs and outputs by production lines Warehouse bookkeeping |
Monitoring of sample production batches Random audits of mill operations and bookkeeping systems |
Recovery rates/yields of processing lines |
Between sawmill entry form, raw material inventory bookkeeping and production form
Between inputs and outputs declared in the production form Between production form and warehouse bookkeeping
|
||||||||||||
Transport |
Loading of bundled processed products onto truck Transport of the bundles Unloading of the bundles |
Unique waybill ID Origin and destination Log owner Transporter Data on processed products stored at mill site: Batch ID number, species, dimensions, volume |
Waybills |
Random waybill inspections along the transport route (e.g. roadside checkpoints) |
|
Between warehouse bookkeeping and waybills
Between waybill origin copies and destination copies Between previous control points earlier along the chain |
||||||||||||
Pre-export |
Grading Trimming and marking Tax payment Customs declaration Commerce declaration Phytosanitary treatment |
Product IDs Product specifications: type, species, and dimension Sales contract information: buyer, and prices |
FLEGT License application Products specifications Sales contract |
At point of export: Sample inspection of products for exports (Verification of specification data) |
Number, volume and grades |
Between waybills and FLEGT License
|
||||||||||||
Loading and export |
Loading of the products covered by the FLEGT license |
|
|
At point of export:
|
Product specifications of export consignment (IDs, product type, species and, dimensions) |
Between FLEGT license and physical verification of loaded products. |
ANNEX III
Conditions governing the release for free circulation in the Union of timber products exported from Liberia and covered by a FLEGT license
GENERAL FRAMEWORK
Article 1
Lodging of the license
Article 2
Checks on validity of license documentation
Article 3
Requests for additional information
Article 4
Verification of the conformity of the license with the shipment
Article 5
Verification prior to the arrival of the shipment
Article 6
Other matters
Article 7
Release for free circulation
ANNEX IV
REQUIREMENTS AND TECHNICAL SPECIFICATIONS FOR FLEGT LICENSES
Article 1
General requirements relating to FLEGT licenses
Article 2
Technical specifications with regard to FLEGT licenses on paper
Article 3
Copies of FLEGT licenses
Article 4
FLEGT licenses lost, stolen or destroyed
Article 5
Technical specifications with regard to electronic FLEGT licenses
Article 6
Treatment of doubts regarding the validity of a license
Appendices
Appendix 1
FORMAT OF THE FLEGT LICENSE
Appendix 2
NOTES FOR GUIDANCE
Box 1 |
Issuing authority |
Indicate the name and address of the licensing authority. |
Box 2 |
Tax identification number and destination |
Indicate the Liberian tax identification number and the destination of the export. Licenses will be issued for all market destinations, not only the Union. |
Box 3 |
FLEGT license number |
Indicate the license number. |
Box 4 |
Expiry date |
Period of validity of the license. |
Box 5 |
Country of export |
This means the partner country (Liberia) from where the timber products were exported to the Union. |
Box 6 |
ISO code |
Indicate the two-letter code for Liberia. |
Box 7 |
Means of transport |
Indicate the means of transport at the point of export. |
Box 8 |
Licensee |
Indicate the name and address of the exporter. |
Box 9 |
Commercial description |
Indicate the commercial description of the timber product(s). |
Box 10 |
HS heading |
The four- or six digit commodity code established pursuant to the Harmonised Commodity Description and Coding System and described in Annex I of this Agreement. |
Box 11 |
Common or scientific name |
Indicate the common or scientific name of the species of timber used in the product. Where more than one species is included in a composite product, use separate lines. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
Box 12 |
Countries of harvest |
Indicate the countries where the timber referred to in box 10 was harvested. In the case of composite products, include all sources of wood used. May be omitted for a composite product that contains multiple species which are no longer identifiable. |
Box 13 |
ISO codes |
Indicate the ISO code of the countries referred to in box 12. May be omitted for a composite product or component that contains multiple species whose identity has been lost. |
Box 14 |
Volume (m3) |
Give the overall volume in m3. May be omitted unless the information referred to in box 15 has been omitted. |
Box 15 |
Net weight (kg) |
Give the weight in kg. This is defined as the net mass of the timber products without immediate containers or any packaging, other than bearers, spacers, stickers, etc. May be omitted unless the information referred to in box 14 has been omitted. |
Box 16 |
Number of units |
Indicate the number of units, if this is the best way to quantify a manufactured product. May be omitted. |
Box 17 |
Distinguishing marks |
Indicate any distinguishing marks where appropriate, e.g. lot number or bill of lading number. May be omitted. |
Box 18 |
Signature and stamp of issuing authority |
This box must be signed by the authorised official and stamped with the official stamp of the licensing authority. The signatory’s name and the place and date must also be indicated. |
ANNEX V
FUNCTIONS OF THE INDEPENDENT AUDIT: TERMS OF REFERENCE
1. INTRODUCTION
2. OBJECTIVES
3. TASKS
4. METHODOLOGY: METHODS FOR GATHERING AND ASSESSING INFORMATION AND REPORTING
4.1. Work schedule
4.2. Scope of work
4.3. Evidence gathering
4.4. Assessment
4.5. Audit systems
5. REPORTS AND DISSEMINATION
6. SOURCES OF INFORMATION
6.1. Government of Liberia and bodies appointed by the Government
6.2. Civil society and communities
6.3. Other sources
7. QUALIFICATIONS REQUIRED
8. SELECTION PROCESS AND INSTITUTIONAL ARRANGEMENTS
9. OTHER REQUIREMENTS
9.1. Accessibility
9.2. Capacity-building and sustainability
ANNEX VI
CRITERIA FOR EVALUATION OF THE LEGALITY ASSURANCE SYSTEM
1. DEFINITION OF LEGALITY
2. CONTROL OF THE SUPPLY CHAIN
2.1. Logging rights
2.2. Systems for controlling the supply chain
2.3. Quantities
2.4. Data gathering
2.5. Imported timber products
3. VERIFICATION
3.1. Organisation
3.2. Verification against the definition of legality
3.3. Verification of systems for controlling the supply chain
3.4. Non-compliance
3.5. Complaints
4. LICENSING
4.1. Organisation
4.2. Issuing of FLEGT licenses
4.3. Procedures to handle queries on licenses issued
4.4. Mechanism for handling complaints
5. INSTRUCTIONS ON THE INDEPENDENT SYSTEM AUDIT
5.1. Institutional arrangements
5.1.1. Designation of authority
5.1.2. Independence from other elements of the LAS
5.1.3. Designation of the independent auditor
5.1.4. Mechanism for handling complaints
5.2. The independent auditor
5.2.1. Organisational and technical requirements
5.2.2. Audit method
5.2.3. Scope of the audit
5.2.4. Reporting requirements
6. EVALUATION CRITERIA OF THE SYSTEM ESTABLISHED IN THE UNION TO ACCEPT FLEGT LICENSES
ANNEX VII
IMPLEMENTATION SCHEDULE
Key outputs |
Milestones (Activities) |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
|
|
Preparatory Phase |
Operational Phase |
|||||
VPA implementation structures established |
Interim VPA Union-Liberia dialogue structure (pre-JIC) established |
X |
|
|
|
|
|
|
Interim stakeholder committee established (e.g. Steering Committee for VPA negotiations) |
X |
|
|
|
|
|
|
|
JIC established |
|
X |
|
|
|
|
|
|
JIC reporting established |
|
X |
|
|
|
|
|
|
Annual reports produced |
|
X |
X |
X |
X |
X |
X |
|
JIC procedures established |
|
X |
|
|
|
|
|
|
National implementation structures: |
|
|
|
|
|
|
|
|
Cross department coordination mechanism(s) established |
|
X |
|
|
|
|
|
|
National stakeholder committee for monitoring implementation of the VPA established |
|
X |
|
|
|
|
|
|
Liberia Licensing Department (LLD) fully equipped, staffed and operational |
|
|
X |
|
|
|
|
|
Capacity improved |
A comprehensive five-year training and investment plan |
X |
|
|
|
|
|
|
Implementation of capacity-building investment plan |
|
|
X |
X |
X |
X |
X |
|
Training for commercial private sector |
|
X |
X |
X |
|
|
|
|
Outreach to small-scale chainsaw operators |
|
X |
X |
X |
X |
X |
|
|
Outreach by civil society to build capacity of communities |
X |
X |
X |
X |
X |
X |
|
|
Financial mechanism established and resources secured for effective implementation of the VPA |
Mechanism established to coordinate and deliver external donor and national support for implementation of the VPA |
X |
X |
|
|
|
|
|
Development of short-term and long-term implementation plan targeting potential sources of support for VPA action |
X |
X |
|
|
|
|
|
|
Support secured |
|
X |
X |
|
|
|
|
|
Long-term sustainable national financing secured for operation of the LAS |
|
|
|
|
|
X |
X |
|
Legality assurance system: legality verification established |
Systems developed |
|||||||
COCS revised to incorporate VPA requirements |
|
X |
X |
|
|
|
|
|
Legality verification procedures incorporating new regulatory requirements developed |
|
X |
X |
|
|
|
|
|
Data management systems developed to incorporate VPA requirements |
|
X |
X |
|
|
|
|
|
Detailed procedures and guidance developed for abandoned logs and confiscated timber |
|
X |
X |
|
|
|
|
|
Detailed procedures and guidance for imported timber |
|
X |
X |
|
|
|
|
|
Domestic market and informal sector integrated into the LAS |
|
|
|
|
X |
|
|
|
Agriculture-sourced products integrated into the LAS (rubber and other plantation wood) |
|
|
X |
|
|
|
|
|
Institutions strengthened |
|
|
|
|
|
|
|
|
External service provider (ESP) contracted |
|
X |
|
|
|
|
|
|
Government body established to oversee service contract |
X |
|
|
|
|
|
|
|
ESP building and operating the LVD (including working with FDA staff seconded to ESP) |
|
X |
X |
X |
X |
X |
|
|
ESP building capacity of different government agencies for legality verification as prescribed in detailed procedures |
|
|
X |
X |
|
|
|
|
Transfer of verification functions to the LVD in the FDA (detailed transfer in key stages to be integrated into contract) |
|
|
|
|
X |
X |
|
|
Legality assurance system: licensing established |
Licensing procedures developed by the LLD |
|
X |
|
|
|
|
|
Export permits phased out and application of the new licensing system by LLD |
|
|
X |
|
|
|
|
|
FLEGT licensing for exports to Union and other markets |
|
|
|
X |
X |
X |
X |
|
Mechanisms to communicate with Union competent authorities established |
|
|
X |
|
|
|
|
|
Legality assurance system: independent audit established |
Independent auditor contracted |
|
X |
|
|
|
|
|
Operating procedures developed and agreed with the JIC |
|
|
X |
|
|
|
|
|
Independent audits initiated and reports published |
|
|
X |
X |
X |
X |
X |
|
FLEGT licenses accepted in the Union |
External evaluation of functioning of the LAS and Union procedures; adjustments made if necessary (see Annex VI) |
|
|
X |
|
|
|
|
JIC confirms date when Union starts to accept FLEGT licenses |
|
|
X |
|
|
|
|
|
LAS operational and Union accepting licenses |
|
|
|
X |
|
|
|
|
Civil society monitoring established |
Capacity-building for civil society (CS) to conduct monitoring |
|
X |
X |
|
|
|
|
CS monitoring designed in detail |
|
X |
|
|
|
|
|
|
CS monitoring established |
|
|
X |
X |
X |
X |
X |
|
Law enforcement and regulatory framework improved |
Community forest regulations adopted |
|
X |
|
|
|
|
|
Legality definition (LD) updated |
|
|
X |
|
|
|
|
|
Chainsaw regulations adopted |
|
X |
|
|
|
|
|
|
LD updated |
|
|
X |
|
|
|
|
|
Regulation on abandoned logs in concession areas adopted |
|
|
X |
|
|
|
|
|
Regulations on transit timber adopted |
|
|
X |
|
|
|
|
|
Detailed procedures and guidance for timber in transit adopted |
|
X |
X |
|
|
|
|
|
Regulations on timber imports adopted |
|
|
X |
|
|
|
|
|
Regulations for confiscated timber adopted |
|
|
X |
|
|
|
|
|
Refinement of procedures for social agreements and other social and environmental provisions in place |
|
X |
X |
|
|
|
|
|
Amendments to the LD |
|
|
X |
|
|
|
X |
|
Review of regulations framed in the LD, based on practical experience of implementation of the LAS |
|
|
|
|
|
X |
|
|
Law enforcement capacity strengthened |
|
|
X |
X |
X |
|
|
|
Regulation and monitoring of domestic market established |
Procedures for legal verification for the domestic market established in the LAS (integration in the legality verification and in COCS) |
|
|
X |
X |
|
|
|
Establishment of information-gathering system |
|
|
|
X |
|
|
|
|
Assessment of contribution by the informal sector to the national (local) economy (regular monitoring will be established subsequently) |
|
|
|
|
|
X |
|
|
Training of chainsaw operators to work with new regulations and procedures |
|
|
X |
X |
X |
X |
X |
|
Monitoring the impact of the VPA |
Monitoring organisation(s) for baseline studies engaged |
|
X |
|
|
|
|
|
Monitoring framework agreed by the JIC |
|
X |
|
|
|
|
|
|
Routine monitoring, with reporting to the JIC |
|
|
X |
X |
X |
X |
X |
|
Communication |
A costed communication plan for raising public awareness prepared (P) and implemented (I) |
|
P |
I |
I |
I |
I |
I |
Trade shows with trading partners to promote the benefits of FLEGT-licensed timber |
|
|
X |
|
X |
|
X |
|
Public information sites and capacity established (see Annex IX) |
X |
X |
X |
|
|
|
|
|
Guidelines for developing social agreements |
X |
X |
|
|
|
X |
|
|
Targeted guidance for LAS compliance for different stakeholders |
|
X |
X |
X |
X |
|
|
|
VPA monitoring and JIC reports published |
|
X |
X |
X |
X |
X |
X |