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Document of
The World Bank
FOR OFFICIAL USE ONLY
Report No: 59466-SL
PROJECT PAPER
ON A
PROPOSED ADDITIONAL GRANT
AND
PROPOSED RESTRUCTURING OF ORIGINAL PROJECT
IN THE AMOUNT OF SDR 2.6 MILLION
(US$ 4.0 MILLION EQUIVALENT)
TO THE
REPUBLIC OF SIERRA LEONE
FOR AN
EXTRACTIVE INDUSTRIES TECHNICAL ASSISTANCE PROJECT
(ORIGINAL PROJECT NAME: MINING TECHNICAL ASSISTANCE PROJECT)
March 29, 2011
Sustainable Energy Department
Oil, Gas and Mining
West Africa Country Cluster 2
Africa Region
This document has a restricted distribution and may be used by recipients only in the
performance of their official duties. Its contents may not otherwise be disclosed without World
Bank authorization.
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CURRENCY EQUIVALENTS
(Exchange Rate Effective March 1, 2011)
Currency Unit = Sierra Leone Leone
4,275 Leone = US$1
US$1 = SDR 0.6357077
FISCAL YEAR
January 1 – December 31
ABBREVIATIONS AND ACRONYMS
AF Additional Financing
ASM Artisanal and Small Scale Mining
AWP Annual Work Plan
CPPR Country Performance Portfolio Review
DfID Department for International Development of UK Government
EIA/SIA Environmental Impact Assessment / Social Impact Assessment
EITAP Extractive Industries Technical Assistance Project
EITI Extractive Industries Transparency Initiative
FA Financing Agreement
FM Financial Management
GBP British Pound Sterling
GDP Gross Domestic Product
GoSL Government of Sierra Leone
IDA International Development Association
ISDS Integrated Safeguards Data Sheet
M&E Monitoring and Evaluation
MMR Ministry of Mineral Resources
MTAP Mining Technical Assistance Project
NMA National Minerals Agency
ORAF Operational Risk Assessment Framework
PDO Project Developmental Objective
POM Project Operations Manual
PRU Petroleum Resource Unit
PST Project Support Team
SDR Special Drawing Rights
SESA Strategic Environmental and Social Assessment
SLEPA Sierra Leone Environmental Protection Agency
SPU Strategy and Policy Unit under the President’s Office
TA Technical Assistance
UNDP United Nations Development Program
USAID United States Agency for International Development
WAMGP West Africa Mining Governance Project
WAMSSA West Africa Mineral Sector Strategic Assessment
Vice President: Obiageli Katryn Ezekwesili
Country Director: Ishac Diwan
Country Manager: Vijay Pillai
Sector Manager: Paulo de Sa
Task Team Leader: Ekaterina Mikhaylova
SIERRA LEONE
EXTRACTIVE INDUSTRIES TECHNICAL ASSISTANCE PROJECT
ADDITIONAL FINANCING
CONTENTS
Project Paper Data Sheet………………………………………………………… i
Project Paper
I. Introduction..................................................................................... 1
II. Background and Rationale for Additional Financing and
Restructuring of Original Project…………………........................ 2
III. Proposed Changes……………………………............................... 7
IV. Appraisal Summary……………………….................................... 11
Annexes
1. Revised Results Framework and Monitoring Indicators................ 14
2. Operational Risk Assessment Framework………………………. 19
3. Detailed Description of Modified and New Project Activities 22
1. Updated Project Description
2. Amendment to National Competitive Bidding Exceptions
3. Project Processing
4. Map……………………………………………………………... 27
REPUBLIC OF SIERRA LEONE
EXTRACTIVE INDUSTRIES TECHNICAL ASSISTANCE PROJECT
ADDITIONAL FINANCING DATA SHEET
Basic Information - Additional Financing (AF)
Country Director: Ishac Diwan
Sector Manager/Director: Paulo de Sa
Team Leader: Ekaterina Mikhaylova
Project ID: P124633
Expected Effectiveness Date: June 2011
Lending Instrument: Technical Assistance
Additional Financing Type: Scale up
activities and cost overrun
Sectors: Energy and Mining
Themes:
Environmental category: B-Partial
Assessment
Expected Closing Date: June 30, 2016
Joint IFC: No
Joint Level: No
Basic Information - Original Project
Project ID: P099357 Environmental category: B-Partial
Assessment
Project Name: Mining Technical
Assistance Project
Expected Closing Date: December 31,
2013
Lending Instrument: Technical Assistance Joint IFC: No
Joint Level: No
AF Project Financing Data
[ ] Loan [ ] Credit [X] Grant [ ] Guarantee [ ] Other:
Proposed terms: Standard IDA Grant Terms
AF Financing Plan (US$m)
Source Total Amount (US $m)
Total Project Cost:
Cofinancing:
Borrower:
Total Bank Financing:
IBRD
IDA
New
Recommitted
7.4
3.4
-
4.0
-
4.0
4.0
-
Client Information
Responsible Agency: Ministry of Mineral Resources
Contact Person: Emmanuel Komba, Project Coordinator
Telephone No.: 232 76 387 252
Fax No.:
Email: [email protected]
AF Estimated Disbursements (Bank FY/US$m)
FY 11 12 13 14 15 16
Annual 1.0 1.0 1.0 0.8 0.2
Cumulative 1.0 2.0 3.0 3.8 4.0
Project Development Objective and Description
Original Project Development Objective: build the capacity of the Government to improve
management and regulation of the mining sector
Revised Project Development Objective: build the capacity of the Government to
manage and regulate the extractive industries sector
Project Description: (A) Overarching regulatory frameworks for extractive industries
sector: to close regulatory gaps in the mining and oil and gas sector through development
of technical regulations, and updating related legal acts. (B) Institutional Strengthening:
provision of capacity building, equipment and geological surveying to ensure good sector
governance guided by the principles of transparent non-discretionary and efficient
minerals and oil and gas administration and regulation and monitoring. (C) Project
Management
Safeguard and Exception to Policies
Safeguard policies triggered:
Environmental Assessment (OP/BP 4.01)
Natural Habitats (OP/BP 4.04)
Forests (OP/BP 4.36)
Pest Management (OP 4.09)
Physical Cultural Resources (OP/BP 4.11)
Indigenous Peoples (OP/BP 4.10)
Involuntary Resettlement (OP/BP 4.12)
Safety of Dams (OP/BP 4.37)
Projects on International Waters (OP/BP 7.50)
Projects in Disputed Areas (OP/BP 7.60)
[X]Yes [ ] No
[ ]Yes [X] No
[ ]Yes [X] No
[ ]Yes [X] No
[ ]Yes [X] No
[ ]Yes [X] No
[ ]Yes [X ] No
[ ]Yes [X] No
[ ]Yes [X] No
[ ]Yes [X] No
Does the project require any exceptions from Bank policies?
Have these been approved by Bank management?
[ ]Yes [X] No
[ ]Yes [ ] No
Conditions and Legal Covenants:
Financing Agreement
Reference
Description of
Condition/Covenant
Date Due
5.01 Effectiveness of Co-financing
Agreement
Upon Effectiveness
Schedule 2, Section IV,
B. 1 (a)
Disbursement Category 2
conditions: (i) the MMR adopts a
policy for the development of
sustainable human resource
capacity within MMR/NMA; (ii)
the staff to be financed is included
into the MMR/ NMA organogram;
and (iii) the government provides a
satisfactory to IDA implementation
and financing plan for each fiscal
year in which salaries are to be
financed under the project.
Disbursement Condition to be
complied with on an annual
basis
1
I. Introduction
1. This Project Paper seeks the approval of the Executive Directors to provide an additional
grant in an amount of SDR 2,600,000 (US$4.0 million equivalent) to the Republic of Sierra
Leone for the Mining Technical Assistance Project (MTAP), Grant Number H532-SL. Following
the approval, the project name will change to Extractive Industries Technical Assistance Project
(EITAP). The Project Paper also includes restructuring of the Original Project in line with the
additional financing.
2. The proposed additional financing would help finance the costs of scaling up activities to
meet the current challenges of the extractive industries sector. In addition, procurement for two
major activities in the Original Project (development of regulations for mining sector and
geochemical surveying, but selected under competitive procedures) went above the budget by
US$1.02 million in total. Although the Original Project has been effective for only one year, the
additional financing is in line with OP 13.20 and is justified due to the following: (i) the Original
Project finances only the most urgent basic sector reforms due to the IDA funding constraints at
the time of preparation1; (ii) the recent mining agreements entered into by the Government of
Sierra Leone (GoSL) amplified the need for in-depth technical assistance to build capacity for
planning and negotiations of mining agreements and monitoring their implementation and
regulatory compliance going forward, as well as to strengthen government’s capacity for revenue
collection (not originally included under the project due to IDA constraints); and (iii) 2009
discovery of oil in Sierra Leone and 2010 confirmation of the find resulted in GoSL urgent
request to the Bank to assist with developing sustainable sector strategy and requisite
frameworks. The GoSL is committed to use its natural resources for the best national interest
and emphasizes the need to take an integrated approach to the build capacity and develop
sustainable frameworks for the extractive industries sector, which includes the country’s mineral
resources and oil and gas. The top level championship on the Government side is expected to be
maintained to ensure sustainability of the reforms going forward.
3. Additional financing instrument is highly appropriate given that the Government has now
built requisite capacity to implement the project in an efficient manner and all major activities
planned under the Original Project are now either under implementation or in the final stages of
procurement. The additional financing activities will, therefore, proceed in parallel under the
same arrangements and will not bear additional overhead in terms of project management.
4. The Original Project is financed by an International Development Association (IDA)
Grant in the amount of SDR 2,600,000 (US$4.0 million equivalent). There are no co-financing
arrangements for the Original Project, but the additional financing grant will be co-financed by a
grant from the United Kingdom’s Department for International Development (DfID) in the
1 It is noted that the Original Project was scaled down from the US$7 million to US$4 million per request from the
Ministry of Finance in view of constraints with IDA allocation to focus only on the most urgent sector reform needs
(as documented in the Decision Package for SL MTAP dated September 3, 2009). This decision was also reinforced
by the preparation of the West Africa Regional Mining Governance Project which was expected to include some of
the proposed activities on a regional scale. However, the regional operations has been delayed and has been scaled
down to geo-data collection and mapping only – see Project Paper para 21.
2
amount of GBP 2.23 million (of which GBP 2.1 million – about US$3.4 million equivalent -
Recipient-executed).
II. Background and Rationale for Additional Financing in the amount of US$4 Million and
Restructuring of Original Project
Country and Strategic Context
5. Sierra Leone is well endowed with natural resources and is classified as a resource-rich
country. If in the past Sierra Leone was largely associated with mining (diamonds were first
discovered in 1930), the 2009 discovery of oil off-shore of Sierra Leone has also put the country
on the map as a potential future oil producer. Extractive industries, as a term, in the case of
Sierra Leone now include both mineral resources and oil and gas. The sections below provide
more detailed background by each sub-sector separately given their peculiarities, however, it is
emphasized that extractive industries reform will need to have an integrated approach – a Value
Chain approach 2 (otherwise known as EITI++
3) – in order to achieve the GoSL’s ultimate
objective towards developing Sierra Leone’s natural resources in the best interests of the nation.
The issues that are highlighted for the purposes of the Project Paper are: (i) the core cause for the
civil war of 1990s – early 2000s was the way the extractives were managed; the risk of continued
conflict remains until the sector reform takes root; (ii) the extractive industries sector has a
tremendous potential to transform the economic structure of the country and with proper sector
governance can maximize domestic revenue collections and thus help to meet the various
development and infrastructure spending requirements in the country; and (iii) the improved
investment climate that is targeted under the project will help attracting reputed private
companies into the sector.
6. Mining Sector. Sierra Leone is well endowed with mineral resources and is a leading
producer of diamonds, rutile, and bauxite. During the 1960s and 1970s, the mining sector
accounted for more than 70 percent of the country’s export earnings, 20 percent of GDP, and 15
percent of fiscal revenue. The sector experienced a decline in the 1980s and came to a standstill
during the 1990s due to the decade-long civil war (1991-2001). The mining sector has three
major segments: (a) large-scale production of diamonds (companies include Koidu Holdings Ltd.
and African Minerals Ltd.); (b) large-scale production of bulk minerals (Sierra Rutile Ltd., Sierra
Minerals Ltd., London Mining Ltd and African Minerals Ltd); and (c) artisanal and small-scale
production of diamonds, and to a much lesser extent gold. During 2010, the Government of
Sierra Leone (GoSL) signed two large-scale mining development agreements for iron ore
development in Marampa and Tonkolili with London Mining and African Minerals Ltd,
respectively. More companies are exploring in the country, and several investment projects are
expected in the foreseeable future, including a large-scale gold mine. The main thrust of EITAP
2 Extractive Industries Value Chain analysis of Sierra Leone mining sector is included in the Original Project
Appraisal Document for Sierra Leone Mining Technical Assistance Project, dated November 3, 2009 (Report No:
43233-SL)
3 Extractive Industries Value Chain - An Integrated and Comprehensive Approach to Developing Extractive
Industries– a 2009 publication by the World Bank Oil, Gas and Mining Policy Division.
3
is to address bottlenecks towards efficient and sustainable development of industrial scale
mining.
7. Petroleum Sector. In September 2009, an offshore well drilled by Anadarko Petroleum
Corporation encountered petroleum, confirming the existence of an active petroleum system
within the Sierra Leone-Liberia basin and de-risking exploration throughout the basin. In
November 2010, Anadarko announced an apparently significant deepwater discovery at the
Mercury exploration well. The company will drill delineation wells in 2011 before making a
commercialization decision. Although the Mercury well looks encouraging, Anadarko’s drilling
program still carries high risk and commerciality is unlikely to be declared until 2012 at the
earliest. Thereafter, the time line to first production would be at least four years.
Sector Reform Framework
8. Mining Sector. Following a World Bank Sector Review of mining in Sierra Leone in
2005, several donors (including DfID, EU, USAID, and UNDP) supported reforms in the legal,
regulatory, fiscal, and institutional arrangements of mining. Over the past few years, Sierra
Leone has passed some important laws and regulations and provided an enabling policy
framework for the growth of the mining sector. These reforms led to a recovery of the sector,
particularly diamond mining and rutile production from early to mid- 2000s, and more
importantly, they opened potential for new development.
9. Notwithstanding progress made to-date, the institutional capacity to manage sector,
negotiate agreements, enforce regulations, and monitor compliance remains weak. The
responsibilities for mineral sector management, negotiation, and monitoring remain not clearly
defined between the Ministry of Mineral Resources (MMR)4, National Mineral Agency (NMA
5–
new entity expected to be formally established in 2011), the Mining Advisory Board (responsible
for approving licenses), and the Strategy and Policy Unit (SPU) at the President’s Office
(responsible for negotiating investment agreements). The government has recently set up an
inter-ministerial committee to handle all negotiations relating to the mining sector. The team
comprises a member of the SPU, the Attorney General, the Director of Geology, the Director of
Mines, the Law Officer’s Department, and the Ministry of Finance and Economic Development.
The need remains to clarify roles and responsibilities going forward in a sustainable manner.
10. Petroleum Sector. The reforms are still fairly new and evolving. Upstream oil and gas
activities are governed by the Petroleum Exploration and Production Act of 2001. A Model
4 It is noted that until early 2011 MMR was called Ministry of Mineral Resources and Political Affairs (MMRPA) as
also referenced in the Original Project PAD and financing agreement. In early 2011, the ministry was returned to its
original name of Ministry of Mineral Resources (MMR).
5 In 2009, the Cabinet Sub-Committee has approved the “Transformation Plan for the National Minerals Agency,
March 2009 by MMRPA”. The establishing NMA Act is currently under preparation with the assistance of DfID
funding and is expected to be submitted for legislative approval by early spring 2011. The proposed NMA would
work alongside the MMR as a technical regulatory organization and would assume responsibility for the technical
and operational management of geological information, regulated precious minerals trading, and for the consistent
application of a transparent mineral rights licensing system.
4
Petroleum Agreement implementing the terms of the Petroleum Act formed the basis of
negotiation for the individual Petroleum Agreements with investors. Fiscal conditions are
determined through the Petroleum Agreements and by the Income Tax Act of 2000. The
Petroleum Resources Unit (PRU), in operation since 2004, was established as the regulator of the
sector as per the terms of the Petroleum Act. During the licensing phase, PRU’s role consisted
mainly of providing technical input to the negotiating teams, but more recently, PRU has been
attempting to move towards its long-term enforcement and monitoring role.
11. After the Venus discovery in 2009, the President appointed a petroleum task force headed
by the secretary to the President and with roughly 30 members drawn from a wide spectrum of
government agencies. Under the leadership of the Task Force, a new petroleum policy has been
drafted, adopted by cabinet and submitted to parliament. The task force is also overseeing the
preparation of a new petroleum law. Assistance in developing the policy and the law has been
received from an Advisory Group made up of representatives from Norad, the Commonwealth
Secretariat, Revenue Watch Institute, and the African Center for Economic Transformation, an
Accra-based NGO.
12. Overall. Sierra Leone has been an Extractive Industries Transparency Initiative (EITI)
candidate country since 2007. After a difficult start, the first reconciliation report was produced
in 2010 and the validation process is underway for the first year audit to comply with the
benchmarks set forth by the EITI Committee in Oslo. With the EITI framework and baselines
now in place, the country will greatly benefit from stronger capacity to monitor extractive
industries revenues to ensure sustainable and transparent sector governance and revenue
management. The GoSL emphasizes the need to substantially improve its negotiations and
regulatory capacity in the extractive industries sector.
13. The proposed scaled-up project remains aligned with the World Bank, International
Finance Corporation and African Development Bank Joint Assistance Strategy for Sierra Leone
(for FY10-13) and with the GoSL’s Poverty Reduction and Strategy Paper (PRSP, 2009), which
identify mining as one of the priority sectors to be developed in the country. The Original
Project focuses primarily on the Regulations and Monitoring link of the Extractive Industries
Value Chain, while the additional financing will widen and deepen this support by scaling up
legal and regulatory reform and by also including activities to support two additional Value
Chain links – Award of Contracts and Licenses, and Collection of Taxes and Royalties.
14. EITAP forms a nexus of ongoing complementary activities by: (a) being coordinated with
the broader reform framework in the country on macro and strategic level (private sector
development, budget support operations and analytical work); (b) continuing to build upon and
align with other donors’ efforts, most notably in the implementation of an institutional reform
and capacity building plan developed with DfID’s support and UNDP support for the
development of the computerized mining cadastre system and assistance with mining contracts
renegotiations; (c) reinforcing, through better transparency and monitoring and understanding of
environmental and social impacts management requirements, support provided through the
Bank-administered Japanese grant to support artisanal mining communities; and (d) ensuring that
extractive industries sector reform fits within the regional context and is aligned with regional
5
objectives (such as Mano River Union, and, on a broader scale, the Economic Community of
West African States (ECOWAS), and the new Africa regional strategy.
The Original Project and Project Objectives
15. MTAP was approved by the Board in December 2009 for total Bank financing of SDR
2.6 million (US$4.0 million equivalent) and became effective in February 2010. The Project
Development Objective (PDO) of the Original Project is to build government’s capacity to
manage and regulate the minerals sector; the PDO will be updated in line with the Additional
Financing to “build government’s capacity to manage and regulate the extractive industries
sector” with the scale-up; the project name is proposed to be revised accordingly: Extractive
Industries Technical Assistance Project (EITAP). The project implementation is making
satisfactory progress. MTAP/EITAP in conjunction with other donor activities in the sector is
providing support in two high-priority areas – improvement of sector regulations, and
improvement of sector governance and administration – by providing support to Ministry of
Mineral Resources (MMR) and the prospective National Minerals Agency6(NMA). Updates to
the Original Project provisions are included in the Proposed Changes where applicable.
Project Performance and Status of Implementation
16. The Project became effective in February 2010 and has consistently been rated
satisfactory. Procurement activities are being carried out in line with the Bank’s Guidelines:
Procurement under IBRD Loans and IDA Credits dated May 2004, revised October 2006; and
Selection and Employment of Consultants by World Bank Borrowers" dated May 2004, revised
October 2006. Financial management has been satisfactory. The project is in compliance with
legal covenants and there are no outstanding audit reports. MTAP/EITAP is the only Bank-
financed project under implementation by the MMR. The project is classified as Environmental
Category “B” for monitoring purposes and no safeguard issues have been noted to this date.
17. The project has to this date completed the following activities: the restructuring of the
accounting and internal control system and configuration of new software system for accounting
and financial management of MMR in line with international good practice, training of a diverse
group of the MMR staff on procurement and financial management, and procurement of urgently
required equipment and field vehicles for the MMR and the Geological Survey Department.
Capacity building support to MMR (on operations support, procurement, and financial
management) is on-going. Selection of consultants for the remaining major activities has been
also completed: (i) to assist with improving legal / regulator frameworks for mining, including
development of sector specific environmental and social regulations, and (ii) to carry out targeted
geochemical surveying and mapping of selected nine areas.
18. The two major activities under the project referred to in paragraph above: strengthening
of legal/regulatory framework for mining sector and geochemical surveying of selected areas
went above the budget by US$372,000 and US$655,377 respectively (US$1.02 million in total).
Both procurement followed competitive selection process – Quality and Cost Based selection –
6 Until formal establishment of the NMA, support is being provided to the departments of the MMR which are
expected to transfer to the NMA structure.
6
and the winning proposals resulted in the considerably higher bids than expected. The additional
financing will cover this budget overrun.
19. Disbursements as of March 2011 reached US$1.1 million (27% of total). The current
closing date of the original project (Grant No H532-SL) is June 30, 2013; no extension of this
original Grant is requested at this time.
Proposed Additional Financing
20. The proposed Additional Financing in the amount of US$4.0 million equivalent (to be
pooled with the DfID co-financing of GBP 2.1 million) will follow the Original Project
components, which are: (i) Overarching Regulatory Frameworks for Extractive Industries Sector;
(ii) Institutional Strengthening for Extractive Industries Sector; and (iii) Project Management.
The additional financing will cover cost overrun under the Original Project and will add the
thrust to improve the government’s capacity to structure, negotiate, and monitor extractive
industry development agreements going forward. To achieve these objectives, the additional
financing would scale up activities to:
Clarify the responsibilities and institutional structure for mining sector management,
negotiation and monitoring (to be clearly captured in legal and regulatory framework);
Scale up support for establishment and making operational the NMA;
Undertake geochemical surveying of at least two additional areas to support promotion of
Sierra Leone’s mineral potential;
Set up a policy and strategy unit within MMR to provide technical advice for the
negotiation of mineral agreements;
Strengthen the Petroleum Resources Unit (PRU) at the President’s Office to regulate the
oil and gas sector; and
Review and strengthen the monitoring functions of the Government’s diamond office to
ensure full compliance with the Kimberly Process7.
21. It is noted, that in parallel with preparation of this additional financing project, a separate
regional West Africa Mineral Governance Project (WAMGP) is under preparation, with which
this scaled-up operations is aligned. The regional operation, tentatively scheduled for FY12-13,
will have its primary objective to improve understanding of the resource potential in the sub-
region and assist with its promotion and mineral development planning. The WAMGP will
finance regional airborne geophysical and geochemical surveys and compilation of integrated
regional geological, geophysical and geochemical maps of West Africa. WAMGP is expected to
include Sierra Leone and will reinforce outcomes of the EITAP through provision of modern
quality geodata to promote sector investment in the long-run. The geodata collection proposed
under EITAP is limited to prospect level geochemical surveying targeting specific commodities,
which in conjunction with governance level reforms is expected to assist with attracting new
investment into the sector in the short- to medium- run.
7 The Kimberley Process Certification Scheme (Kimberley Process) is an international governmental certification
scheme that was set up to prevent the trade in diamonds that fund conflict. Launched in January 2003, the scheme
requires governments to certify that shipments of rough diamonds are conflict-free.
7
III. Proposed Changes
22. The Project Development Objective (PDO) for the additional financing will be updated to
reflect additional activities to support oil and gas sector governance reform: “to build
government’s capacity to manage and regulate the extractive industries sector.” The Project
name will also be revised accordingly: Extractive Industries Technical Assistance Project. The
PDO for the Original Project will be updated accordingly through an amendment that will be a
part of the additional Financing Agreement. Closing date of the original grant will remain
unchanged (June 30, 2013), but if needed at a later date will be extended to match the additional
financing.
23. The Results Framework has been updated (see Annex 1) to increase some target values
and adding new indicators. The new results indicator to reflect incorporation of additional
activities are:
- Functions and governance structure for the Petroleum Resources Unit (PRU) are
formalized through regulations; and
- Future petroleum exploration licenses issued in compliance with revised laws and
regulations adopted by the Government.
Additional Financing Project Components
24. A separate Financing Agreement (FA) will govern the additional financing grant and will
include an Amendment to the original Financing Agreement (H532-SL). Terms and conditions
for the original IDA grant will remain unchanged, except as stated in the Amendment, which
includes (i) update of the PDO and the project description (Schedule 1 to the FA), and (iii)
update of procurement procedures, reporting and the Anticorruption Guidelines (Schedule 2 of
the FA). The DfID co-financing will be provided under a Co-Financing Agreement between
IDA (on behalf of DfID) and the Recipient. Table 1 below provides costs breakdown by
component between the Original Project and the additional financing through IDA, as well as the
grant by DfID. Table 2, provides narrative description of original components and additional
activities. A detailed description of additional financing activities is provided in Annex 3.
Table 1: Costs by component (in US$ million)
Project Cost By Component
Original
Project
Additional
Financing
(IDA)
Total
Revised
Cost (IDA)
DfID Co-
Financing
Total
Project
Cost
Component A: Overarching Regulatory
Frameworks for Extractive Industries Sector
0.29
0.37
0.66
0.31
0.97
Component B: Institutional Strengthening
for Extractive Industries Sector
2.85
3.52
6.37
2.95
9.32
Component C. Project Management 0.26 0.11 0.37 0.09 0.46
PPF refinancing 0.40 - 0.40 - 0.40
Total Baseline Cost 3.80 4.00 7.80 3.35 11.15
Physical and Price contingencies 0.20 0.20 0.20
Total Project Cost 4.00 4.00 8.00 3.35 11.35
8
Table 2. Project Components- Original Project and Additional Financing Original Project (No changes) Additional Financing (separate Financing Agreement)
Component A: Overarching Regulatory Frameworks for Extractive Industries Sector
Development of environmental and
social regulations for large-scale and
mechanized small-scale mines;
preparation of a mining sector Code
of Practice; preparation of
underground mining regulations;
preparation of trading license
regulations
Covering cost overrun for the preparation of regulations under the
original component.
Completing mining implementing regulations of the Mines and
Minerals Act
Finalizing enabling legal acts, regulations and operating guidelines
for National Minerals Agency (NMA)
Support for updating petroleum laws and regulations and related
consultations and policy dialogue
Component B: Institutional Strengthening for Extractive Industries Sector
Support to the MMR and the NMA
(when it is formally established)
through capacity building and
provision of urgently required
equipment – field vehicles,
generators, and equipment for
geochemical surveying and mapping.
Provision of additional equipment and technical assistance to MMR
and, upon its establishment, NMA for departments responsible for
monitoring and inspection of mining operations and to geological
survey department (until the NMA is formally established, assistance
will be provided to respective department of the MMR that are
expected to transfer under the NMA).
Geochemical surveying of selected
areas (9 blocks).
Covering cost overrun of the Original Project and carrying out
targeted geochemical surveying of up to 3 additional blocks and
related capacity building to MMR (NMA upon its establishment) in
mineral resource assessment and mapping.
NA Provision of capacity building to MMR, and, upon its establishment,
NMA, and Ministry of Land, Country Planning and Environment,
Sierra Leone Environmental Protection Agency and Civil Society
Organizations on implementation of environmental and social
regulations for the extractive industries sector, including monitoring
and evaluation tools, reporting, and consultation processes.
NA Support to the Government’s Diamond Office, including training,
advisory services and capacity building
Mineral promotion through
development of materials and
participation in major global and
regional mining events
Setting up secure geodata management and information system
(linked with mining cadastre system) in MMR (to be transferred to
NMA upon its establishment), including development of web-based
tools and promotion materials to make geodata available to the
investors.
Promotion of mineral and oil and gas potential at global events
NA Building capacity of MMR, SPU and Government’s Negotiations
Committee for extractive industries contracts negotiations, including
financial and economic modeling, review of technical and feasibility
reports, updating model agreements for specific commodities, and
developing negotiations strategies.
NA Provision of capacity building to the Petroleum Resources Unit,
through: (i) training courses for current and future PRU staff, (ii)
purchases of software licenses (including annual support and
maintenance fees) and hardware (laptops, servers, plotters, etc.) to
allow PRU to store and analyze geological and geophysical data;
(iii) undertaking a functional management review for petroleum
sector management to inform capacity building needs; (iv) financing
an advisor to deliver hands-on training to PRU staff, establish
9
capacity to perform core functions relating to licensing and
exploration, and advise the PRU, the Petroleum Task Force and
other officials on policy decisions as needed; and (v) workshops,
training and study tours.
Temporary salary support for up to
four new staff to be hired by MMR,
and upon its establishment, NMA
Extend financing of up to two additional MMR and, upon its
establishment, NMA staff required to make the new agency
operational
Support for a post-mining
rehabilitation program
NA
Strengthen the capacity of MMR to
manage donor-financed projects and
day-to-day administration.
Extend the support through an additional year of implementation to
ensure sustainability
Developing a monitoring and
evaluation system and benchmarking
progress through over the life of the
project
Continue evaluation of and reporting on the sector development
through the project implementation period
Component C: Project Management
Project management arrangements will remain unchanged; additional funding will be provided for the
duration of implementation (through 2016).
25. Civil servants salary support. The additional financing will expand temporary support
to MMR (and NMA when it becomes operational) for two civil servants positions. This
additional support is justified to ensure long-term sustainability (beyond the project life-time) of
the new and scaled up government functions being supported under the Project. The new
positions are included in the NMA Transformation Plan (2009), and, as a condition for
disbursement under this expenditure category, they will be formally included in the MMR/NMA
organogram8 and into the financing plan to ensure their transition to the budget funding before
the project completion. Terms and conditions for temporary salary support financing under the
additional financing will remain unchanged from the Original Project (see disbursement
conditions in para 31 below).
Implementation Arrangements
26. The implementation arrangements for the scaled-up project will remain unchanged.
Project management responsibilities will continue to be handled by a Project Support Team
(PST) within the MMR staffed with a project coordinator, a procurement specialist, and a
financial management specialist, all of which are civil servants. The PST is supported during the
initial two years of project implementation by a consultant’s team which is tasked to build
general capacity within the MMR (PST in particular) to manage donor projects and carry out
procurement and financial management; this implementation support is expected to be extended
by about one year. The government has agreed to undertake a number of HR measures to ensure
that the PST is stable and appropriately motivated. These measures include a waiver (or
postponement) of mandatory civil servants rotations for the PST staff for the duration of their
assignment with the PST, and possible financial incentives system to be developed by the
government and financed from its own budget (not eligible to be financed from IDA). It is noted
that these incentives will be carefully considered within (i) the portfolio-wide review of
8 To be approved by the Director General of the Human Resource Management Office
10
integration of project implementation functions with the implementing agencies that is taking
place as part of Country Performance Portfolio Review (CPPR) exercise starting in calendar year
2011, as well as (ii) the GoSL public sector reform which, inter alia, is developing a new pay
reform policy whereas all project-specific arrangements will be reviewed once the wider public
sector reform proposals have been developed and approved. Should these changes materially
affect project implementation arrangements for EITAP, the restructuring of implementation
arrangements will be considered at the mid-term review.
27. For the oil sector technical assistance activities, the PST will provide procurement,
financial management and disbursement support to the Petroleum Resources Unit (PRU). The
PRU, however, will be responsible for the technical aspects, including (i) developing Terms of
Reference for consultants’ services under this component and participating in short-listing and
consultants’ selection process; (ii) monitoring of consultants’ performance and reporting on
progress; and (iii) keeping track of oil and gas related indicators. The PST will assist at all
stages as needed and will prepare all procurement documentation and contracts, as well as
process payments.
28. Project Operational Manual. The government has adopted a Project Operational
Manual (POM) for the purposes of the implementation of the Original Project; the POM focuses
on processes and procedures for the project implementation, monitoring, and reporting. The
POM will continue to be used for the scaled up operation, and it was updated, prior to
negotiations of the additional financing, to reflect the scaled up activities. Annual Work Plan
(AWP) and Budgets for each year of the project implementation are being developed by the
government, and this arrangement will remain without changes for the scaled-up project. The
updated AWP for the current year and 18-months Procurement Plan for the additional financing
were reviewed and approved by the Bank prior to negotiations.
29. Disbursement. The additional financing will have the same disbursement categories as
the Original Project. Table 3 provides breakdown by disbursement category for the additional
IDA grant and DfID Co-financing Grant. Monitoring of expenditures by category and activity
will continue to be done through approval and monitoring of implementation of Annual Work
Plans (procedure in place during the Original Project which will continue during additional
financing).
Table 3. Disbursement Categories for the Additional Financing Grant and DfID Grant
Categ Description
Additional
Financing
Amount
(in SDR)
Additional
Financing
Amount
(in US$)
DfID
Financing
Amount
(in GBP)
Eligible Financing
Percentage
1
Consultants' services, goods,
training, workshops and study
tours, and operating costs 2,530,000 3,900,000 2,039,616 54% IDA; 46% DfID
2 Salary support under Part B(ii) 70,000 100,000 57,000
Such percentage as shall be
specified in the Annual
Work Plan and Budget for
the respective fiscal year
TOTAL 2,600,000 4,000,000 2,096,616
11
30. A new single designated account will be opened by the government; it will be pooled for
IDA grant and DfID co-financing. Disbursements to the designated account will be made 54%
from the IDA Grant and 46% from the DfID Co-financing Grant for Disbursement Category 1;
for Disbursement Category 2, eligible financing percentages will be established each year of the
project implementation based on the Annual Work Plans and Budgets. Flow of funds
arrangements will remain the same. The project will use transaction based disbursements, the
same as in the original IDA grant.
31. The Disbursement Category 2 will have the following disbursement conditions (same as
under the original grant): (i) the MMR adopts a policy for the development of sustainable human
resource capacity within MMR/NMA; (ii) the staff proposed to be financed under the EITAP is
included into the MMR/NMA organogram; and (iii) the MMR provides a satisfactory to IDA
implementation and financing plan for each fiscal year in which salaries are to be financed under
the project.
32. Financial Management. Financial management functions for the project will remain
unchanged from the Original Project and will continue to be managed through the PST in full
coordination with the Treasury, the Accountant’s General office, and the Chief Financial Officer
under the supervision of the Ministry of Finance and Economic Development (MoFED) internal
audit department (for internal audit) and the Office of the Independent Auditor General (for
external audit).
33. Procurement. Procurement arrangements for the project will remain unchanged, except
for the updated exceptions to the National Competitive Bidding Procedures (see para 34 below).
The same procedures will apply to the original grant9, additional financing grant and the co-
financing grant for consistency.
34. Exceptions to National Competitive Bidding Procedures. The procedures to be followed
for National Competitive Bidding shall be those set forth in The Public Procurement Act, 2004,
of Sierra Leone (the “Act”). Details on the exceptions are provided in Annex 3.
IV. Appraisal Summary
Economic considerations
35. The additional financing is economically justifiable as it will improve chances of Sierra
Leone for new sustainable extractive industries sector investments and increasing sector
revenues through (i) improving efficiency and transparency of licensing, management, and
monitoring of extractive industry operations; and (ii) scaled up targeted surveying and sector
promotion. Based on the experience of similar projects in resource-rich countries (see for
example project experience in Tanzania, Madagascar, Mozambique, Uganda, or Nigeria), reform
measures proposed under EITAP are expected to yield highly positive economic results within a
few years after the commencement of reforms (with full benefits to be reasonably expected 10+
years after the commencement of reforms). The revenues generated through extractive industries
9 The procurement under the original grant that commenced prior to the effectiveness of the additional financing
grant, will be allowed to be completed in accordance with the original financing agreement provisions
12
exploration and exploitation projects can significantly change the economic structure of the
country and bring in resources to meet various development and infrastructure spending
requirements in the country.
36. The original financing estimated that, with appropriate reforms, subsequent mining sector
investment could bring the value of exports to US$1.2 billion per year by 2020. Achieving this
level of investment - in addition to exploration results and behavior of the commodity markets
which cannot be controlled by this project – will strongly depend on consistent application by the
Government of updated sound legal and regulatory frameworks for extractive industries sector
and ability of the Government to monitor sector performance and collect revenues due – reforms
that are targeted in the proposed scaled-up operation. Level of oil and gas sector investment and
revenues will be hard to estimate in the next four to five years, but the importance of developing
of the optimal sector regime and building capacity for its management and monitoring in
advance of the investment and actual production is recognized globally and within the country as
crucial.
Risks
37. The risk profile for the new financing is very similar to the Original Project. The project
has a risk rating of Medium-Impact (MI). Among the key risks of the project are
implementation capacity risks, donor coordination risks, and reputational risks. The Operational
Risk Assessment Framework (ORAF) is included in the Annex 2. Main mitigation measures
include: (i) maintaining high level championship within the GoSL at all stages of the reform; (ii)
maintaining strong focus on capacity building with the Government entities involved in sector
management and oversight throughout the project implementation; (iii) undertaking regular
consultations and information sharing on reforms financed by the project with stakeholders both
within country and international CSOs; (iv) ensuring that project outputs, including new geodata,
are used in public interests and is publicly available; and (v) maintaining strong link with EITI.
Safeguards
38. By the way of background, a mining sector Strategic Environmental and Social
Assessment (SESA)10
for Sierra Leone was prepared in 2007 and its core recommendations were
incorporated into the original MTAP. In 2010, as part of preparation of the regional mining
project (WAMGP – see para 21 above), the Bank financed preparation of a West Africa Minerals
Sector Strategic Assessment (WAMSSA)11
. While most of the recommendations of WAMSSA
target regional level reforms, the scaled-up EITAP will, inter alia, contribute to the goals of (i)
strengthening environmental governance; and (ii) improving social accountability and mineral
sector governance.
39. The project will maintain safeguards category “B” triggering OP/BP 4.01. The scaled-up
project does not trigger any additional policies and remains a technical assistance project. The
Integrated Safeguards Data Sheet (ISDS) for the additional financing has been updated and
10
Sierra Leone Mining Sector Reform: A Strategic Environmental and Social Assessment, World Bank, 2007.
11
West Africa Mineral Sector Strategic Assessment for the Development of the Mineral Sector in Mano River
Union, the World Bank, March 31, 2010.
13
disclosed prior to appraisal to confirm the category, safeguards management approach, and to
reflect additional activities as noted in the paragraph below. The Terms of Reference for
preparation of environmental and social regulations for mining sector and related capacity
building that were disclosed prior to the Original Project appraisal (October 2009) remain valid.
40. The additional financing will (i) scale-up capacity building activities to MMR, Ministry
of Lands, Country Planning and Environment, Sierra Leone Environmental Protection Agency
(SLEPA) and CSOs to monitor environmental and social compliance of the extractive industries
operations (the sector specific regulations, as well as sector guidelines and code and practice for
mining, are being prepared with the support of the Original Project); and (ii) initiate and support
policy dialogue among the Government and stakeholders to foster the development of policy
frameworks and strategies to support environmentally sustainable and socially equitable
development of Sierra Leone’s oil and gas sector.
Policy Exceptions
41. There are no exceptions to Bank policies proposed under this additional financing. The
project implementation structure is fully in place and operational, all manuals are in compliance
with the Bank requirements, the Project Operations Manual has been updated prior to
negotiations, the 18 months procurement plan for the additional financing has been prepared and
approved by the Bank prior to negotiations.
14
Annex 1: Results Framework and Monitoring
Sierra Leone Extractive Industries Technical Assistance Project
Revisions to the Results Framework Comments/
Rationale for Change
PDO
Current (PAD) Proposed
To build capacity of the
Government to improve
management and regulation of
the mining sector
Revised: To build capacity
of the Government to
improve management and
regulation of the extractive
industries sector
PDO indicators
Current (PAD) Proposed change*
Mining licenses issued in
compliance with revised
regulations adopted by MMR
Continued
MMR (NMA when it becomes
operational) implements its human
resource policy and trains and
retains qualified staff
Continued
Geodata are easily available and
accessible through the web Continued
NA New: New petroleum
exploration licenses issued in
compliance with Petroleum
Act and supporting
regulations
New indicator to reflect
additional activities
Intermediate Results indicators
Current (PAD) Proposed change*
Regulations for environmental and
social management for mining,
underground mining and precious
minerals trading are developed and
adopted by the MMR
Revised: Regulations for
environmental and social
management for mining,
underground mining,
precious minerals trading,
and enabling act and
regulations for NMA are
developed and adopted by
the MMR
Revised to reflect
additional law and
regulations
MMR (NMA when it becomes
operational) monitor and report
annually on enforcement of
Continued
15
Revisions to the Results Framework Comments/
Rationale for Change
EIA/SIA regulations for industrial-
scale mining projects
MMR monitors and reports
annually on production and
revenue of the sector
Revised: GoSL monitors and
reports annually on
production and revenue of
mining and oil sector
Revised to reflect
additional financing
activities
NA New: Functions and
governance structure for the
Petroleum Resources Unit
(PRU) are formalized
through regulations
New indicator to reflect
additional activities
New equipment used for field
work Continued
Field inspections to monitor
compliance of mining operations Continued
Geochemical surveying and
mapping of selected areas
completed
Continued Target value increased to
reflect additional areas to
be surveyed under the AF
Based on geochemical surveys and
mapping of selected areas,
Government selects candidate
areas for sector promotion
Continued Target value increased to
reflect additional areas to
be surveyed under the AF
Government selects areas for
further actions to develop other
land use (outside the project)
Continued
Government participates in annual
events to present information to
potential investors
Continued Target value increased to
reflect additional financing
Geodata website is regularly
updated and accessible Dropped overlap with PDO level
indicators
16
REVISED PROJECT RESULTS FRAMEWORK12
Project Development Objective (PDO):
To build capacity of the Government to improve management and regulation of the extractive industries sector
PDO Level Results Indicators C
ore
UOM
Baseline
Original
Project
Start
(2009)
Progress
To Date
(2011)
Cumulative Target Values
Frequen
cy
Data Source/
Methodology
Responsibility
for Data
Collection
Comments 2011 2012 2013 2014
1. Mining licenses issued in
compliance with revised
regulations adopted by Ministry
of Mineral Resources
% None
Consult
ant to
prepare
regul-s
selected
New
Regula-
tions
adopted
50% 100% Annual Progress
Reports MMR/NMA
Annual progress of
percentage of licenses
in compliance;
For regulations see
indicator 6 below
2. MMR (National Minerals
Agency when operational)
implements its human resource
policy, and trains and retains
qualified staff
Yes/No
NMA
Transfor
mation
plan
drafted
NMA
Act
under
preparat
ion
Yes Yes Yes Yes Annual Progress
Reports MMR/NMA
Target to engage at
least 6 new qualified
staff for NMA under
public servants
contracts
3. Geodata are accessible
through the web
Yes/No
Some
general
data
available
on MMR
web-site
Not yet
due No Yes Yes Yes Annual
Progress
Reports MMR/NMA
Geodata = existing
geological data (non-
confidential) available
at geological survey
and geochemical data
to be obtained by
EITAP
4. New petroleum exploration
licenses issued in compliance with
Petroleum Law and supporting
regulations
Yes/No NA No No Yes Yes Yes Annual Progress
Reports PRU
Law will be largely
prepared under a
Norad project; EITAP
will finance in part
regulations, software
and application and
capacity building to
implement the
regulations
12
Because the main beneficiaries of this project are institutions, the project does not report on the otherwise mandatory core indicator “Direct project beneficiaries
(number), of which female (%).”
17
Intermediate Results and Indicators
Intermediate Results Indicators
Co
re
UOM
Baseline
Original
Project
Start
(2009)
Progress
To Date
(2011)
Target Values Frequency
Data
Source/
Methodo-
logy
Responsi-
bility for
Data
Collection
Com-
ments
2012 2013 2014 2015
Intermediate Result 1: Increased compliance of mining and petroleum operations with regulations
5. Regulations for environmental
and social management for
mining, underground mining,
precious minerals trading, and
enabling act and regulations for
NMA are adopted by the MMR
Yes/
No None/ basic
Work
commenced Partially yes Yes Yes Yes Annual
Progress
Reports MMR
6. MMR (NMA when it
becomes operational) monitor
and report annually on
enforcement of EIA/SIA
regulations for industrial-scale
mining projects
Yes/
No
Basic
requiremen
ts
Not yet due
No
(develop
framework)
No
(develop
first report)
Yes
Yes
Annual
Progress
Reports
MMR/
NMA
7. MMR monitors and reports
annually on production and
revenue of the mining; and PRU
reports on oil and gas sector
Yes/
No None
First EITI
report of
2010 was
not
compliant
Achieve
compliant
status
Set up
frameworks
for oil
sector
reporting
First report
on oil and
mining
sectors
published
Annual
report on
mining and
oil sector
revenues
Annual Progress
reports
MMR and
PRU
8. Functions and governance
structure for the Petroleum
Resources Unit are formalized
through regulations
Yes/
No NA
Law in
place;
regulations
under
preparation
Yes Yes Yes Yes Annual Progress
Reports PRU
Intermediate Result 2: Regional and central departments of MMR (NMA when it becomes operational) efficiently perform field work
9. New equipment used for field
work
Yes/
No 0
equipment
procured Yes Yes Yes Yes Annual
Progress
Reports
MMR/
NMA
18
Intermediate Results and Indicators
Intermediate Results Indicators
Co
re
UOM
Baseline
Original
Project
Start
(2009)
Progress
To Date
(2011)
Target Values Frequency
Data
Source/
Methodo-
logy
Responsi-
bility for
Data
Collection
Com-
ments
2012 2013 2014 2015
10. Field inspections to monitor
compliance of mining operations
% and
num
Limited
ad hoc Not yet due Not yet due
25% of
industrial-
scale mines
50% of
industrial
scale mines
and ASM
100% Annual Progress
Reports MMR
11. Geochemical surveying and
mapping of selected areas
completed
Num 0 Consultant
engaged
Commence
surveying 9 areas
surveyed
Publication
of 9 sheets
of maps
Annual Progress
reports
MMR/N
MA
Kangari
Hills; Sula
Mountain Shist Belt,
Loko
Greenstone Belt.
12. Based on geochemical
surveys and mapping of selected
areas, Government selects
candidate areas for sector
promotion
Num 0
Consultants
selected,
survey
equipment
purchases
Select at
least 4
targets
for
promotion
Annual Progress
Reports
MMR/
NMA
13. Government selects areas for
further actions to develop other
land use (outside the project)
Num 0 Not yet due Concept
Prepared 1 area 2 areas 3 areas Annual
Progress
Reports MMR
Annual
targets
Intermediate Result 3: Targeted promotion of mineral and petroleum resources
14. Government presents SL
mining and petroleum sectors to
potential investors at regional
and global events
Num None 0 3 event 4 events 4 events 4 events Annual Progress
Reports
MMR/
PRU
Annual
targets
19
ANNEX 2
OPERATIONAL RISK ASSESSMENT FRAMEWORK (ORAF)
EXTRACTIVE INDUSTRIES TECHNICAL ASSISTANCE PROJECT
Project Development Objective(s)
Description:
The Project Development Objective is to build capacity of the Government to improve management and regulation of the extractive industries
sector
Key Results Indicators: 1. Mining licenses issued in compliance with revised regulations adopted by MMR
2. MMR/NMA implements its human resource policy, and trains and retains qualified staff
3. Geodata are easily available and accessible through the web
3. New petroleum exploration licenses issued in compliance with Petroleum Act and supporting regulations
Risk Category
Risk Rating Risk Description Proposed Mitigation Measures
Project Stakeholder Risks
M-I Consultations held during the preparation of the Original Project indicated that stakeholders strongly support sector reforms targeted to improve the government’s capacity for policy and strategy formulation, for monitoring compliance with contractual obligations and sector regulations, and promotion.
The project will continue to hold broad consultations with stakeholders and civil society and regular updates during implementation to ensure coordination of efforts and better exploitation of synergies to maximize the project impact.
Implementing Agency Risks
H Sierra Leone has a modern policy, legal and regulatory framework in place for mining sector; for petroleum sector the policy is place and the law and regulations are under development. The institutional framework is currently being reformed, but there is a severe shortage of specialist staff and technicians, adequate
The project is design to strengthen institutional capacity and thus in itself represents mitigation mechanism going forward. EITAP is targeted to (i) improve Government’s capacity to manage the extractive industries sector; (ii) improve knowledge of the mineral endowment; (iii) assist with set up and making operational the NMA,
20
equipment, and information resources. The Government recognizes the crucial need for institutional capacity building and is directing its efforts to restructuring the MMR to better serve the sector management and regulation needs. On petroleum side, the government is targeting capacity building support for the Petroleum Resource Unit to enable it to manage licensing and sector monitoring. MMR will continue to manage the project and carry out procurement and financial management and disbursements functions - for both mining sector and petroleum sector parts of the project. It has built some experience during the preparation and implementation of the Original Project, but the Project Support Team at MMR does not yet have the full capacity to implement projects independently (currently supported by a team of consultants), but is making progress on building the required expertise. The Ministry has extended consultants’ contract for six months to ensure a proper transition to fully autonomous PST.
including builds its capacity to monitor mining operations and ensure compliance with contractual covenants and sector regulations; and (iv) build capacity of the PRU to manage the new petroleum sector. The project will continue to include substantial strengthening of staff and institution-wide procurement, financial management, and project management capabilities. MMR will also implement staff secondment program and request exception to mandatory rotation of senior staff to ensure stability and continuity within the PST.
Project Risks
Design
L The design of this project has been tested in other countries. The Original Project has commenced the implementation and has been progressing smoothly.
Joint needs assessment during preparation with Government and donors indicated that project design was well accepted by the majority of stakeholders.
Social and Environmental
M-L The project is rated environmental category B for monitoring purposes; OP 4.01 is triggered. The risks are indirect and largely reputational. The project will provide associated capacity building. No works or investments will be supported under the project.
The initial project is already assisting the government to build adequate environmental and social regulations for the mining sector. The legal covenants of the project commits Government to using good practices for env/ social management of mining operations. The project will support training and capacity building to the CSOs on understanding the
21
implementation and monitoring of the environmental and social regulations for extractives. This is supporting demand side governance so CSOs can hold companies and government more accountable.
Program and Donor
L DFID is a co-financier under this project and has been actively involved in project design. The government has developed in 2009 a comprehensive development needs matrix for mining sector which takes into account support from various donors.
A Mining Working Group was established to meet once a month to share information about donor activities in the extractive sector
Delivery Quality
M-L Lack of experience with donor-funded projects and low in-house capacity for contract management and M&E at MMR could affect the quality of delivery. There have been two leadership changes in as many years. The resulting high level of turnover of critical staff could increase the quality of delivery.
Sustainability assessments will be conducted periodically as part of project M&E, leading to design modifications if needed. The likely benefits of a better managed sector (in terms of sector revenues and mining induced broad-based growth) will provide an incentive to sustain the reforms.
Overall Risk Rating at Preparation
Overall Risk Rating During Implementation
Comments
M-I M-I
The package of reforms for the extractive industries sector has been well tested in many countries and is already under implementation in Sierra Leone. Government’s commitment to sustainable sector development is high and government and donor coordination has been also a success. Key risks evolve from the institutional capacity of the government entities to implement the reform and consistently apply good practices in the future.
22
ANNEX 3
Sierra Leone Extractive Industries Technical Assistance Project
1. Updated Project Description
The scaled-up Project consists of the following parts (additional activities are italicized, updates
of Original Project are underlined).
Part A: Overarching Regulatory Framework for Extractive Industries Sector
1. Provision of capacity building support to the Government to improve the regulation of the mining
sector through the preparation of, and the carrying out of related consultations on, new or revised
mining regulatory instruments including inter alia: (i) legislation, regulations and model terms of
reference for the preparation, disclosure, consultation and enforcement of environmental and
social impact assessments, resettlement action plans, environmental and social management plans
and mine closure plans for large-scale and mechanized small-scale mines, as well as mechanisms
and procedures for community information dissemination, consultation, dispute resolution and
benefit-sharing including improved linkages between large-scale mining and broader economic
planning; (ii) a mining sector code of practice; (iii) underground mining regulations; (iv) mineral
trading licenses regulations; and (v) the Mines and Minerals Act and supporting regulations.
2. Improve the regulatory framework governing the extractive industries sector, through support for
the preparation, and carrying out, of related consultations on new or revised draft regulatory and
other instruments, in view of: (i) developing a regulatory and administrative framework for the
NMA; and (ii) reviewing and updating the Petroleum Act and preparing supporting petroleum
and gas regulations.
3. Establishing and managing policy level dialogue to support formulation of a strategy for future
regulatory requirements and arrangements for environmental and social management of the oil
and gas sector.
Part B. Institutional Strengthening
Strengthening oversight and governance of the extractive industries sector, in particular:
1. Provision of capacity building support to the Government to improve the management of the
mining sector through: (i) support to the MMR to carry out its functions and operations including,
inter alia, collection and management of geological and geochemical data for selected sites,
carrying out targeted geochemical surveying, mineral resource assessment, and mapping of
selected sites; (ii) carrying out investment promotion activities including setting up and operating
a secure geodata management and information system and developing promotion materials; (iii)
carrying out mine inspections and regulatory enforcement; (iv) provision of transitional salary
support for selected civil servants in the MMR, for the carrying out of geological, data
management, monitoring, evaluation, and environmental functions; (v) development of a post-
mining rehabilitation program for selected sites; (vi) support to MMR to manage donor-financed
projects including the building of skills for procurement, financial management and project
management and monitoring; and (vii) support to MMR to develop a monitoring and evaluation
system and benchmark progress towards the achievement of key governance-related indicators
for the mining sector.
23
2. Strengthening the technical and institutional capacities of MMR, Petroleum Resources Unit
(PRU), the Ministry of Environment, Sierra Leone Environmental Protection Agency, and civil
society organizations for implementing environmental and social regulations for the extractive
industries sector including monitoring, evaluation, reporting and carrying out consultations.
3. Strengthening the technical, institutional, and management capacity of MMR, the Strategy and
Policy Unit, and the Negotiations Committee, for carrying out extractive industries’ contracts
negotiations, including financial and economic modeling, review of technical and feasibility
reports, updating model agreements for specific commodities, and developing negotiations
strategies.
4. Strengthening the technical, institutional and management capacity of the PRU for managing and
analyzing geological and geophysical data.
5. Strengthening the capacity of the Government Gold and Diamond Office.
6. Developing and strengthening the monitoring, evaluation, and reporting systems for the
extractive industries sector.
Part C. Project Management
Provision of technical and financial support to the MMR for the management, procurement,
financial management, monitoring, evaluation and audit of the Project.
24
2. Amended Exceptions to National Competitive Bidding Procedures
The procedures to be followed for National Competitive Bidding shall be those set forth in The
Public Procurement Act, 2004, of Sierra Leone (the “Act”), subject to the following provisions:
(a) Procuring entities shall use appropriate standard bidding documents acceptable to the
Association;
(b) The eligibility of bidders shall be as defined under Section I of the Guidelines
Procurement under IBRD Loans and IDA Credits (the “Procurement Guidelines”);
accordingly, no bidder or potential bidder shall be declared ineligible for contracts
financed by the Association for reasons other than those provided in Section I of the
Procurement Guidelines;
(c) No restrictions in respect of eligibility to participate in bidding for contracts shall be
placed on the basis of nationality of the bidder and/or the origin of goods other than
those imposed by primary boycotts;
(d) Foreign bidders shall be allowed to participate in National Competitive Bidding
procedures;
(e) No domestic preference shall be given for domestic bidders and/or for domestically
manufactured goods;
(f) Bidding shall not be restricted to pre-registered firms, and foreign bidders shall not be
required to be registered with local authorities as a prerequisite for submitting bids;
(g) Foreign firms shall not be required to associate with a local partner in order to bid as a
joint venture, and joint venture or consortium partners shall be jointly and severally
liable for their obligations;
(h) Government-owned enterprises shall be eligible to participate in bidding only if they can
establish that they are legally and financially autonomous, operate under commercial law
and are not dependent agencies of the Recipient. Such enterprises shall be subject to the
same bid and performance security requirements as other bidders;
(i) Subject to these provisions, procurement shall be carried out in accordance with the
“Open Competitive Bidding” procedures set forth in the Act;
(j) Bidders shall be given at least thirty (30) days from the date of the invitation to bid or the
date of availability of bidding documents, whichever is later, to prepare and submit bids;
(k) Bids shall be submitted in a single envelope;
25
(l) An extension of bid validity, if justified by exceptional circumstances, may be requested
in writing from all bidders before the expiration date and for a minimum period required
to complete the evaluation or award a contract, but not to exceed thirty (30) days. No
further extensions shall be requested without the prior concurrence of the Association;
(m) All bids (or the sole bid if only one bid is received) shall not be rejected, the procurement
process shall not be cancelled, and new bids shall not be solicited without the
Association’s prior concurrence;
(n) Qualification criteria shall be applied on a pass or fail basis;
(o) Bidders shall be given at least twenty-eight (28) days from the receipt of notification of
award to submit performance securities;
(p) Each bidding document and contract financed out of the proceeds of the Financing shall
include provisions on matters pertaining to fraud and corruption as defined in paragraph
1.16(a) of the Procurement Guidelines. The Association will sanction a firm or an
individual, at any time, in accordance with prevailing Association sanctions procedures,
including by publicly declaring such firm or individual ineligible, either indefinitely or
for a stated period of time: (i) to be awarded an Association-financed contract; and (ii) to
be a nominated sub-contractor, consultant, manufacturer or supplier, or service provider
of an otherwise eligible firm being awarded an Association-financed contract;
(q) In accordance with paragraph 1.16(e) of the Procurement Guidelines, each bidding
document and contract financed out of the proceeds of the Financing shall provide that:
(i) the bidders, suppliers, contractors and subcontractors shall permit the Association, at
its request, to inspect their accounts and records relating to the bid submission and
performance of the contract, and to have said accounts and records audited by auditors
appointed by the Association; and (ii) the deliberate and material violation by the bidder,
supplier, contractor or subcontractor of such provision may amount to an obstructive
practice as defined in paragraph 1.16(a)(v) of the Procurement Guidelines; and
(r) The Association may recognize, if requested by the Borrower, exclusion from
participation as a result of debarment under the national system, provided that the
debarment is for offenses involving fraud, corruption or similar misconduct, and further
provided that the Association confirms that the particular debarment procedure afforded
due process and the debarment decision is final.
26
3. Project Preparation
Project Schedule
Milestone Planned Actual
Concept Review December 15, 2010
Appraisal February 22, 2011
Negotiations March 16, 2011
Board Approval April 21, 2011
Planned date of Effectiveness June 2011
Planned date of Mid-term Review July 2013
Planned Closing Date June 30, 2016
Bank staff and consultants who worked on the project include:
Name Title, Unit
Ekaterina Mikhaylova Task Team Leader, Sr Mining Specialist, SEGOM
Mamadou Barry Sr Mining Specialist, SEGOM
David Santley Sr Petroleum Specialist, SEGOM
Sylvia Kalley EITI Consultant, SEGOM
Cecilia Tan Team Assistant, SEGOM
Tsri Appronti Procurement Specialist, AFTPC
Joyce Agunbiade Financial Management Specialist, AFTFM
Luis Schwarz Sr Finance Officer, CTRFC
Christine Makori Counsel, LEGAF
Peter Kristensen Sector Leader, AFTEN
Joseph Akpokodje Sr Environmental Specialist, AFTEN
Maria (Chona) Cruz Lead Social Development Specialist, AFTCS
Anders Jensen Monitoring and Evaluation Specialist, AFTDE
Key institutions responsible for preparation of the project: Ministry of Mineral Resources,
Ministry of Finance and Economic Development, Petroleum Resource Unit, Strategy and Policy
Unit
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This map was produced by the Map Design Unit of The World Bank. The boundaries, colors, denominations and any other informationshown on this map do not imply, on the part of The World BankGroup, any judgment on the legal status of any territory, or anyendorsement or acceptance of such boundaries.
0 20 40
0 20 40 50 Miles
60 Kilometers
IBRD 38372
FEBRUARY 2011
SIERRA LEONE
MINING TECHNICALASSISTANCE PROJECT
Additional Financing
SELECTED CITIES AND TOWNS
DISTRICT CAPITALS
NATIONAL CAPITAL
RIVERSMAIN ROADS
RAILROADS
DISTRICT BOUNDARIES
INTERNATIONAL BOUNDARIES
ALGERIALIBYA
NIGER
NIGERIA
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GABONSÃO TOMÉ AND PRÍNCIPE
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