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State forests (UFAs) under an operating agreement
Operating agreements within UFAs can only be allocated to persons previously accredited as logging operators. The law defines an operating agreement as “a contract that grants the concessionaire the right to harvest a volume of wood that can supply its local wood processing industry or industries in the long term within a given forest concession.”
Long-term operating agreements are only allocated following the termination of a provisional operating agreement.
The key stages of the operating agreement allocation process are as follows:
The definitive agreement can be renewed upon prior request by the concessionaire, provided that the concessionaire has respected all its contractual obligations. The request is handled by the inter-ministerial committee for title allocations.
Transferring a concession (UFA) between two logging operators
The key regulatory stages for transferring any forest concession are as follows:
It should be noted that the Forestry Code also regulates changes in the shares of a company holding a logging permit: any transfer or new acquisition of shares must be approved by the Minister in charge of forests (art. 42.3 law n°94/01).
Council forest under the UFA regime
The regulations specify that each council defines the modalities for the allocation of titles for its forests (art. 79.2 decree n°95/531). In practice, a certain number of communal forests are managed by a private operator on the same model as State UFAs. The management and exploitation of the forest is then conceded to a private operator, generally through the signature of a partnership contract.
Community forests
Community forests are created through the signature of a management agreement with the state. The law defines a community forest management agreement as the “contract by which the forest administration grants a community a portion of national (unclassified) forests for the purpose of its management, conservation and exploitation in the interest of said community.”
In forest areas, community forests are a maximum of 5,000 hectares, whilst in savannah areas the limit is 250 hectares.
The main stages of creating a community forest are as follows:
A community forest management agreement template is provided by ministerial order.
Harvesting is conducted within community forests on behalf of the community through the issuance of a logging title (notably vente de coupe permit or other type of permit).
Change in the shares of a concession-holder without prior approval from the Minister in charge of forests (Expert consultation, 2019).
Compare the concession attribution date to the registration date.
If registration is subsequent to the concession attribution, enquire with the concession-holder and the Ministry in charge of forests to determine whether any change in shares happened.
If applicable, collect the prior approval from the Ministry in charge of forests.
Lack of valid agreement following the expiry of the provisional agreement (the operator is not formally deemed unfit but is not either granted a definitive agreement) (Expert consultation, 2019);
Concessions are allocated to replace existing ones in breach of the procedures in place: in light of constraints impacting the logging operator (financial, environmental, conflicts with communities, etc.), the Ministry of Forests may relocate a previously allocated title, derogating from the legal allocation procedure (IM-FLEG/REM, 2009, Duhesme, C., 2014, SNOIE/FODER, 2016);
For community forests
No valid management agreement is signed with the state (Expert consultation, 2019).
Risks outlined are strongly influenced by the inadequacy of the checks conducted by the Ministry of Forests (IM-FLEG/REM, 2009).
For the permanent forest domain (State and council forests, including UFAs), community forests and private forests:
The provisions of the forest management plan or simplified management programme are not implemented or are only partially implemented (MEF, 2006, IM-FLEG/REM, 2009, SNOIE/FODER, 2016). For instance, activities not provided for in the forest management plan are carried out (hunting, farming, mining, etc.) (WWF, 2012, Chatham House, 2015). In UFAs, the provisions of the annual operations plan might not be coherent with the provisions of the forest management plan, in particular the order of the five-year blocks and annual allowable cuts (IM/AGRECO-CEW, 2010 and 2012).
For UFA - check that the provisions of the annual operations plan are in conformity with those of the management plan and the five-year management programme. In particular, check that the rotation order of the five-year blocks and annual cuttings provided for in the Management Plan is respected. Check that the provisions of the management plan, the five-year management programme and the annual operations plan are implemented.
For Community forest - read the simplified management programme and the annual operations plan and check that their provisions are implemented.
For Community forest and Private forest - read the simplified management programme and check that their provisions are implemented
PERMANENT FOREST DOMAIN
State forests (UFAs)
In line with the applicable regulations, a forest management plan must be drawn up for all state forests (UFAs) (Art. 29 of Law n°94/01).
For UFAs allocated to forest concessionaires, the forest management plan must be prepared during application of the provisional operating agreement, as a mandatory part of the specifications (Art. 50 and 64 of Law n°94/01). It should be noted that the logging operator may conduct logging activities during this preparation period in annual allowable cuts (2,500 hectares per year maximum) allocated and delineated by the forest administration (Art. 67-5 of Decree n°95-531).
The forest management plan is prepared in line with a pre-existing framework and must contain a number of predefined sections (description of the natural environment, mapping details, forest management inventory, allocation of land and user rights, calculation of allowable cut) (Art. 3-1, 5 and 6 of Order n°222). The forest management plan must notably respect the provisions on mapping data, the technical standards regarding the forest management inventory, the allocation of land, the distribution of inventoried species, the calculation of the allowable cut and minimum harvestable diameters, the subdivision of the concession into five-year blocks and annual allowable cuts, etc. (cf. Order n°222/MINEF).
The forest management plan is prepared in several stages, which are in turn checked and validated by the forest administration:
The communities are consulted on the allocation of the concession land (micro-zoning) and their user rights.
The forest management plan is validated by the Ministry of Forests for a period of 30 years (management rotation period duration – cf. art. 6-g of Order n°222). It may be revised every 5 years (subject to validation from the approval committee).
Harvesting activities must be conducted in compliance with the forest management plan (Art. 44-3 of Law n°94/01), notably regarding the volumes, species and minimum diameters provided for. The forest management plan also defines the annual allowable cut of the UFA (maximum area and/or volume of forest products that can be harvested annually). As the logging rotation period defined by the law is 30 years, the forest management plan defines 6 five-year blocks, each containing 5 adjacent annual allowable cuts (AAC) of equal surface areas.
The five-year management programme is a five-year version of the forest management plan. It must be approved before logging operations can commence in each block. The annual operations plan is the annual version outlining the activities to be conducted for that year. It is based on a full harvesting inventory of the forest resources within the annual allowable cut (Art. 71 of Decree n°95-531).
The forest management documents also define the implementation of various other activities (maintenance of tracks, infrastructure, reforestation, monitoring, management of wildlife and biodiversity, etc.).
Violation of any of the provisions of a forest management plan for a permanent forest shall result in the suspension or withdrawal of the logging title.
Council forests
Council forests also require a forest management plan (Art. 31 of Law n°94/01). In this case, the forest management plan is drawn up by the people in charge of the council and validated by the forest administration. The forest management plan is then implemented by the council concerned, under the supervision of the forest administration (Art. 48 of Decree 95- 531).
Logging operations cannot commence until the forest management plan has been approved.
Council forests can also be constituted as UFAs, in which case the forest manager must follow the requirements that apply to conceded state forests (inventories, management plan, annual operation plan).
NON-PERMANENT FOREST DOMAIN
A simplified management programme is required for community forests (Art. 37- 2 of Law n°94/01). This programme is drawn up in conjunction with the forest administration, however the preparatory works, such as inventories, are carried out at the expense of the community (Art. 29- 2 of Decree n°95-531). It is approved by the forest administration.
All activities, including logging activities, must comply with the simplified management programme. The forest area is divided into annual plots. The community is also required to draw up an annual operations plan and to submit it to the forest administration (Art. 96 of Decree n°95-531). An inventory must also be carried out in each annual plot (Art. 50 of Decree n°95-531). These inventories are also validated by the forest administration.
Private planted forests
Private forests are also covered by a simplified management programme prepared in conjunction with the forest administration (Art. 39 of Law n°94/01).
National forests covered by a vente de coupe permit
National forests covered by a vente de coupe permit are not managed as such, as they are part of the non-permanent forest domain, which is intended for purposes other than forestry activities. However, loggers must draw up annual operations plans and must respect the rules for operating within forest areas (normes d’intervention en milieu forestier), as well as the minimum diameters and volumes provided for (indicated in the specifications and annual logging certificate). Furthermore, the regulatory provision for all forests to be subjected to a harvesting inventory at the expense of the title beneficiary is also applicable to forests allocated under a vente de coupe permit (Art. 50 and 84 of Decree n°95-531). In this case, the full inventories are carried out at the start of the area’s 3-year logging period.
The preliminary studies required for the preparation of forest management plans or simplified management programmes are conducted and validated despite the fact they do not meet the established standards, notably forest resource inventories and socio-economic studies that are necessary for the micro-zoning of the area (IM-FLEG/REM, 2009);
Logging activities are conducted in the absence of a forest management plan or simplified management programme (in particular in UFAs, the 3-year time frame for drawing up the forest management plan under the provisional operating agreement regime is exceeded) (Expert consultation, 2019);
In UFAs, the provisions of the annual operations plan might not be coherent with the provisions of the forest management plan, in particular the order of the five-year blocks and annual allowable cuts (IM/AGRECO-CEW, 2010 and 2012).
National forests covered by a vente de coupe permit are not managed as such, as they are part of the non-permanent forest domain, which is intended for purposes other than forestry activities. However, loggers must draw up annual operations plans and must respect the rules for operating within forest areas (normes d’intervention en milieu forestier), as well as the minimum diameters and volumes provided for (indicated in the specifications and annual logging certificate). Furthermore, the regulatory provision for all forests to be subjected to a harvesting inventory at the expense of the title beneficiary is also applicable to forests allocated under a vente de coupe permit (Art. 50 and 84 of Decree n°95-531). In this case, the full inventories are carried out at the start of the area’s 3-year logging period.
For national forests allocated by way of a vente de coupe permit and community forests:
Logging operations are conducted in absence of a harvesting inventory (IM/AGRECO-CEW, 2010 and 2012).
All the risks outlined below are strongly influenced by the inadequacy of the checks conducted by the Ministry of Forests (IM-FLEG/REM, 2009).
National forests allocated by way of a vente de coupe permit and community forests:
In addition, for State forests (UFAs):
Logging activities are conducted without a five-year management programme and/or an annual operations plan having been drawn up or validated (IM/AGRECO-CEW, 2010 and 2012).
The risk outlined below are strongly influenced by the inadequacy of the checks conducted by the Ministry of Forests (IM-FLEG/REM, 2009).
For State forests (UFAs):
The Ministry of Forests approves changes to the forest management plan (modifications to the plots of land, modifications to the minimum management diameter (DMA) or minimum harvesting diameter (DME), authorisation of the harvesting of specific species) without seeking the opinion of the forest management plan approval committee.
Annual allowable cuts are notably frequently modified without the forest management plan being revised (Expert consultation, 2019);
Check that it is approved
Check that it has been notified to the forest administration.
Unauthorised harvesting is carried out, either outside of an area designated for logging purposes, or within a forest but by an entity other than the beneficiary. Although these practices are performed by very small informal entities, they are recurring and highly likely to end up being integrated into the formal system, or even into the export system with the global market. (Chatham House, 2015, SNOIE n°2-2016 to 12-2020, CED-EIA, 2020);
For State forests (UFAs under an operating agreement) and communal forests under the UFA regime (with a partnership contract):
Annual logging operations are commenced before the annual operating permit has been issued (Expert consultation, 2019);
For all source types logged by way of a Vente de coupe permit, or timber exploitation permit, or personal logging licence or another title / authorisation:
• The specifications for logging (or the development project if applicable) are not respected (IM-FLEG/REM, 2009), with no consequences on the renewal of the existing permit or allocation of a new permit;
• Vente de coupe pour projet de développement permits, AEBs and ARBs are used fraudulently (for example, where the development project is never actually implemented, or where an AEB issued to evacuate logs left on an old vente de coupe permit area is used to conduct new felling operations) (IM--FLEG/REM, 2006 and 2009);
• Standard vente de coupe permits are exploited beyond the regulatory 3-year period/annual permits are issued beyond the initial validity period of the title, particularly for vente de coupe permits that have a strict regulatory 3-year limit (Expert consultation, 2019).
For auctions:
• Very high risk of deliberate laundering of illegally harvested wood and corruption (Chatham House, 2015). Note: any wood originating from harvesting operations proven to be illegal that is then sold at auction might never reach compliance with legality regulations (such as the European Union Timber Regulation), despite the legal framework enabling it to be sold in Cameroon.
Consider evaluating onsite that timber is not mixed with unknown sources. Each point of storage / processing of the timber shall be considered.
• Annual logging operations are commenced before the annual operating permit has been issued (Expert consultation, 2019);
• Permits/authorisations are issued or supporting documents are submitted prior to the permit/authorisation being issued in breach of the allocation procedure;
o Titles are awarded by non-authorised authorities. As a consequence, said titles do not appear on the list of valid titles kept by the Ministry of Forests (Chatham House, 2015);
o No tender procedure is implemented (IM/AGRECO-CEW, 2010);
o The composition of the committee for title allocations is non-compliant (absence of representatives from the required ministries, regional rather than national meetings) (Expert consultation, 2019);
o Irregularities are detected on the part of the inter-ministerial committee for title allocations: inconsistent qualification of bidders, acceptance of additional documents after the deadline, conflicts of interest amongst committee members, lack of transparency or circulation of invitation to tender, unclear invitation to tender, etc. (CONAC, 2012);
o No effective checks that harvesting inventories have been properly carried out on the ground are conducted (permits may be issued without the inventory works provided for having been conducted (IM/AGRECO-CEW, 2012);
o Corruption (IM-FLEG/REM, 2009, CONAC, 2012, Kamkuimo, 2013);
• The title borders are not clearly delineated or the title is unlawfully relocated by the forest administration (IM/AGRECO-CEW, 2010);
• No annual logging certificate / Vente de coupe certificate exists or logging operations are commenced before the certificate is issued (SNOIE, n°5-2019, n°8-2020);
• Logging is conducted by an operator that is not in possession of a professional forestry accreditation (e.g. See SNOIE, n°11-2020);
• Very high risk of deliberate laundering of illegally harvested wood and corruption (Chatham House, 2015). Note: any wood originating from harvesting operations proven to be illegal that is then sold at auction might never reach compliance with legality regulations (such as the European Union Timber Regulation), despite the legal framework enabling it to be sold in Cameroon
Obtain information on the issuance of the title
Check that logging activities did not start prior to its approval (for instance by cross-checking site log books and waybills).
Check that provisions are complied with.
Consult to obtain information on the title renewal / the issuance of new title to the operator.
Applicants produce false guarantees when submitting tender files for operating agreements and vente de coupe permits (Mahongol et al., 2016).
The above-mentioned potential for illegality is facilitated by corruption amongst the staff responsible for collecting taxes and verifying payment.
Upon receipt of a notification that an operating agreement or a vente de coupe permit has been awarded, all beneficiaries must submit a bank guarantee (security deposit) to the tax administration. The purpose of this guarantee is to ensure that all taxes and fees are paid and to prevent the title from being abandoned. It must be equal to or greater than the Annual Forestry Royalty (RFA).
The harvesting fees and other taxes and charges imposed on logging operators are as follows (Art. 66, 67 and 68 of Law n°95/001):
It is important to note that annual logging certificates and permits must only be issued by the forest administration if proof of payment of all taxes and fees can be provided: such proof must be included in the permit application file.
The legislation also provides for export taxes and fees (see section 1.19) and contribution to the completion of social infrastructure (see section 1.13) (Art. 66-1 of Law n°95/01).
Only the sale price of forest products (Prix de Vente des Produits Forestiers) applies for salvage licenses (ARB) and harvested timber removal licences (AEB), timber exploitation permits and personal logging licences (artisanal processing and to meet domestic needs).
Forestry taxes are not paid within prescribed deadlines. Companies export wood despite not being up to date with payment of forestry taxes related to harvesting (IM/REM, 2009, IM/AGRECO-CEW, 2013 (Annex, p.58), Chatham House, 2015). Lack of coordination between the forest and finance administrations reinforce this risk (monitoring of tax payments falls under the competency of the Ministry of Finance, which often does not have the necessary information from the forestry sector) (Expert consultation, 2019);
Fraudulent declarations are made on the wood transport documents with the aim of minimising the amount due for felling tax (IM/REM, 2009).
Proof of payment (quittance) of all forest taxes for the current and previous year:
Operating agreements and vente de coupe permits: RFA and felling tax, as well as transfer and abandonment tax if a transfer has taken place;
AEBs, ARBs, logging permits, personal logging licences: sale price.
Check that VAT is included and that withholding tax on wood purchases is included for logs and sawn timber.
Fraudulent information is declared on companies’ income and profit statements with the aim of reducing the amount of tax due. Some companies make false declarations regarding the actual value of the transactions completed on their annual balance sheet. The representatives in charge of carrying out the tax inspections are sometimes complicit in this (Expert consultation, 2019).
Obtain confirmation that all taxes on income and profits have been paid.
Due to a lack of technical and financial resources, administration officers do not carry out regular field checks of the loggers’ activities. This is coupled with corruption between the loggers and the administration officers during the checks.
In general, the series of reports drawn up by the Independent Monitors observe the following:
The specified risks of illegality are that species that are banned under the provisions of the management documents (forest management plan and simplified management programme) are harvested (also see section 1.9) (SNOIE/FODER, 2016, SNOIE, n°7-2019, n°11-2020);
Check that any felled species is indeed allowed to log.
Check either the Forest manangement plan or the Simplified managment programme, depending on which is required for the relevant source type
Check that any felled species is indeed provided for logging.
The valid annual operating permit; the logging certificate or the Vente de coupe certificate shall be verified, depending on which document is applicable for the relevant source type,
The valid annual operating permit; the logging certificate or the Vente de coupe certificate shall be verified, depending on which document is applicable for the relevant source type.
The specified risks of illegality are notably that the number of trees and volumes authorised by the permit / authorisation is exceeded (MEF, 2006, Chatham House, 2015)
• Non-compliance with technical standards;
• Non-compliance with the clauses of the specifications;
• Non-compliance with the provisions of the forest management plan.
The specified risks of illegality are notably that:
• Species that are banned under the provisions of the management documents (forest management plan and simplified management programme) are harvested (also see section 1.9) (SNOIE/FODER, 2016, SNOIE, n°7-2019, n°11-2020);
• The number of trees and volumes authorised by the permit / authorisation is exceeded (MEF, 2006, Chatham House, 2015);
• Minimum diameters are not respected (DME and DMA) (IM/AGRECO-CEW, n°1-2010, 2021, SNOIE/FODER, 2016);
• Species are harvested outside of the defined areas (annual allowable cuts for State forests (UFAs) and council forests, annual plots for community forests, and logging perimeters for Vente de coupe permits and other permits / authorisations) (IM/AGRECO-CEW, 2010, IM-FLEG/REM, 2009, MEF, 2006, SNOIE/FODER, 2016, SNOIE, n°1-2016, 2018, n°4-2019, n°5-2019 and n°12-2020);
• The applicable rules for marking stumps, logs and blocks are not complied with (IM/AGRECO-CEW, 2012, SNOIE/FODER, 2016, SNOIE, n°4-2019, n°5-2019, n°9-2020, n°11-2021);
• The applicable rules for operating in forest areas regarding skidding, the construction of roads and infrastructure, and the creation of log yards, etc. are not complied with (SNOIE/FODER, 2016);
• Wood is irregularly abandoned (IM/AGRECO-CEW, n°1-2010);
• The information kept in the site documents does not comply with the regulations or is false (IM/AGRECO-CEW, n°5-2012).
Check at the felling site and at the sawmill that the marking standards are met.
Check that skidding activities, the creation of log yards and the construction of infrastructure (bridges, roads) respect the standards in force.
Check on the felling site that wood is not irregularly abandoned
Check their good standing
Depending on cases and if applicable, the forest management plan or the simplified management programme.
Check the presence of protection/conservation/research areas within the forest and/or species to be protected (list of species excluded from logging).
For harvesting in conservation or research areas, if applicable: obtain the documents/protocols/data relating to the research in the forest areas.
For forest not under a forest management plan or simplified management programme, any document attesting to the prior identification of sites / species to be protected.
For forest not under a forest management plan or simplified management programme, any document attesting to the prior identification of sites / species to be protected
Interview workers to check that they have appropriate care in the event of an accident or illness.
Declaration of an infirmary to the administration, partnership contract with a health centre, nurse employment contract, contract with a doctor specialising in occupational health, etc.
A sample of employment contracts and/or proof of declaration of the contract with the labour administration
Check that the wage is not below prescribed minimum wage.
Minutes from elections and meetings, list of requests (cahier de doléances), etc.
• Communities are not consulted during the drawing up of the forest management plan and micro-zoning of forests in the permanent forest domain (Chatham House, 2015);
• Communities are unable to exercise their customary rights as a result of the logging activities or the concessionaire bans them from even accessing the UFA (Expert consultation, 2019);
• Communities are not consulted prior to the allocation of the title (Chatham House, 2015). In particular, the forest-farmer committee provided for by Decision n°1354 does not fulfil its role due to a lack of resources available to facilitate the running thereof (Expert consultation, 2019). The regulations do not actually provide for the resources that enable this committee to fulfil its role of supervising and contributing to the management decisions on zoning, etc.
The provisions of the specifications of the logging title relating to local communities (social obligations) are not complied with (IM/AGRECO-CEW, 2010, SNOIE, 2018);
In addition, for State and council forests
There is a high risk that the legal framework is manipulated through the creation and exploitation of community forests, without any real involvement of the local populations or impacts on local development (MEF, 2006). The development of artisanal logging in community forests, the fact that the wood is not subject to the RFA and felling tax, and poor administrative control all makes this a lucrative opportunity for economic operators.
In terms of classifying land in the permanent forest domain, the law stipulates that local communities must be made aware of but does not require their explicit consent to land alienation. VIEW LESS
Cameroonian law does not specify what is defined as an indigenous population. VIEW LESS
Request their inspection report, if available.
Check that the volumes and species stated on the export declaration are consistent with the imported volumes. Collect any document relating to the log export quota attributed to the exporter
Check that the species sold are not in the list of species that are banned from being exported in the form of logs. Collect any document relating to the log export quota attributed to the exporter