English Version of Madagascar Draft Decree to Authorize Illegal Sale of Massive
Stockpiles of Rosewood and Ebony – Translated using Google Translate
PRESIDENCY OF THE TRANSITION
------------------------DRAFT DECREE No.
ON INVENTORY MANAGEMENT OF ROSEWOOD AND EBONY WOOD SEIZED AND /
OR CONFISCATED
THE PRESIDENT OF THE TRANSITION HEAD OF STATE ;
- Pursuant to the Constitution ;
- Pursuant to Law No. 2011-014 of 28 December 2011 on insertion in the internal
legal order of the Roadmap signed by the Malagasy political actors September 17,
2011 ;
- The law 97-017 of 8 August 1997 amending the forest legislation ;
- The law 2011-001 of August 8, 2011 on the suppression of offenses rosewood and
ebony ;
- The 2010-141 of 24 March 2010 prohibiting cutting , exploitation and export of
rosewood and ebony in Madagascar decree;
- Having regard to Decree No. 2011-653 of 28 October 2011 appointing the Prime
Minister, Head of the Transitional Government of National Unity ;
- Having regard to Decree No. 2011-687 of 21 November 2011 amended by Decree
No. 2012-495 of 13 April 2012, n ° 2012-496 of 13 April 2012 and No. 2013-635 of
28 August 2013 appointing the members Transitional Government of National Unity
;
- Pursuant to Decree No. 2008-438 of May 5, 2008 as amended and supplemented
by Decrees No. 2009-980 of 14 July 2009 and No. 2011-485 of 6 September 2011 on
the powers of the Attorney General, Minister of Justice and the general organization
of the Ministry ;
- Having regard to Decree No. 2010-382 of June 8, 2010 as amended and
supplemented by Decree No. 2012-1111 of December 4, 2012 and n ° 2013-465 of
13 June 2013 laying down the duties of the Minister of the Armed Forces and the
general organization of the department ;
- Having regard to Decree No. 2010-647 of 6 July 2010 on the powers of the Minister
of Environment and Forests as well as the general organization of the department ;
Council of Ministers
ENACTED
CHAPTER I: GENERAL PROVISIONS
Article - The purpose of this Order for inventory management of rosewood and / or
wood seized and / or confiscated ebony.
S.2 - management under this decree is made by counting operations , security , sales
and revenue allocation .
CHAPTER II: THE BODY OF INVENTORY MANAGEMENT OF ROSEWOOD AND
EBONY WOOD OR SEIZED CONFISCATED
S.3 - There is established a body inventory management rosewood and / or wood
seized and / or confiscated ebony.
S.4 - This body is chaired by a person appointed by the President of the Transition to
this effect.
It consists of :
- Three representatives of the Presidency ;
- Three representatives of the Prime Minister ;
- Six representatives of the Ministry of Environment and Forests including:
• A representative of the Minister of Environment and Forests;
• The Director General of Forests ;
• The Director of the control and the improvement of integrity ;
• The Director of the exploitation of natural resources;
• The Director- General of Madagascar National Parks ;
• The Executive Director of the Foundation for Madagascar's protected areas .
- A representative of the Ministry of Finance and Budget;
- A representative of the Ministry of Justice;
- A representative of the Ministry of the Armed Forces;
- A representative of the Department of Homeland Security ;
- A representative of the State Secretariat for the National Gendarmerie ;
- A representative of the Ministry of Transport ;
- A representative of the Ministry of Commerce ;
- A representative of the Ministry of Fisheries ;
The members of the board appointed for their securities are appointed ex-officio .
The appointment of all members shall be established by order of the President of
the Transition , Head of State on the recommendation of the departments concerned
.
S.5 - The body is responsible for:
- Identify storage locations ;
- To secure inventories seized and / or confiscated wood;
- To secure areas;
- To mark marking timber stocks per site ;
- From beginning stocks rosewood and ebony by site and initiate prosecution , if any
, in case of misuse of seized and / or confiscated wood;
- To determine the number of rosewood and ebony and seized or confiscated ;
- To engage the international bidding process ;
- From strip folds of bidders;
- To make the monitoring and control of export licenses issued for an exception for
contractors ;
- Accelerate by all appropriate means the processing of cases before the courts in
order to have stocks from legal proceedings ;
- To monitor the distribution of the proceeds from the sale of seized and / or
confiscated wood;
The body may use the aid or assistance of all resource persons it deems necessary.
Moreover, it can go into partnership agreements or memoranda of understanding
with agencies eve of transparency and good governance.
Art 6 - The functioning of the body and support costs associated with travel on land
are supported by the Action account against Degradation of Environment and
Forests ( ADEF ) whose terms are set by
CHAPTER III: THE DISTRIBUTION OF REVENUE
S.7 - The recovery of proceeds from the sale is provided by the Superintendent of
revenue of the General Directorate of Forestry. It is required to repay the revenue
from the General Treasury of Antananarivo, in support for the latter to make the
distribution in accordance with Article 7 below .
S.8 - Revenues from sales of wood seized and / or confiscated shall be distributed as
follows:
- 30 % to the General Budget of the State;
- 5% for the benefit of the region affected by the seizure and forfeiture ;
- 2% of the profit or Councils concerned ;
- 20 % is paid in the Action account Favor Tree ( AFARB ) ;
- 43 % to the account Action against Degradation of Environment and Forests (
ADEF ) including:
• 15% for Action against Degradation of Environment and Forests ( ADEF ) ;
• 3% for the functioning of the management body ;
• 10% intended for the Armed Forces need for the proper conduct of their duties ;
• 3 % to the Ministry of Justice;
• 6% divided into equal grassroots communities and local safety committees who
participated in the examination;
• 5% as a bonus on the record (s) agent ( s) minutes of the meeting (s) ;
• 1 % to the receivers or guardians ;
To be paid by municipalities , Ministry of Justice, grassroots and local safety
committees involved in control operations , enforcement officers and guards
receivers when
Art.9 - The royalty rate for export is 30 % of the FOB value and paid to the revenue
manager of the General Directorate of Forests concerned. The recipe is perceived
and distributed as follows :
- 50% of the general budget of the State;
- 5% for the benefit of the region affected by the seizure and forfeiture ;
- 25 % shall be paid to Action in Favor Tree ( AFARB ) ;
- 20% in favor of action against the degradation of the environment and forests;
CHAPTER IV MISCELLANEOUS AND FINAL PROVISIONS
Art.10 -For proper operation of the procedure currency repatriation , all primary
banks operating in Madagascar are required to facilitate all transactions relating
thereto in accordance with the laws and regulations on foreign exchange
transactions.
Art.11 - The regulations will be taken as required for the implementation of this
Decree.
Art.12 - The Minister of Finance ............... are responsible, each in his case, the
execution of this decree shall be published in the Official Gazette of the Republic .
Antananarivo