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Country Risk Profiles

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Risks are listed below and organised under the relevant indicator. Click on the risk below for details on the specifc risk, mitigation options and the related legal requirements.
  • Specified Risks
  • Low Risks
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Legal rights to harvest
1.1 Land tenure and management rights
  • Risk of Potential Overlap of Lands Under a Harvesting Permit or CAAF
  • Risk that Logging Companies Harvest Timber within the 2km Buffer Zones around Villages that Have Been Included in the Concession Area
  • Traditional Occupation and Land Use by Local Inhabitants Without Required Documentation, which Generate Property Conflicts when Forest Concessions are Awarded on the Same Land 
1.2 Concession licenses
  • Forest Concessions (CAAF) Awarded Without the Required Documents or Without Complete Evaluation by the Authorities.
1.3 Management and harvesting planning
  • Development of Forest Management Plans Without the Required Contents
  • Lack of Forest Management Plan Implementation by the Companies
1.4 Harvesting permits
  • Harvesting Permits for Privately Owned Forest are Awarded Without the Required Documents or Without Complete Evaluation by the Authorities. 
  • Harvesting Permits for Community Forests are Awarded Without the Required Documents or Without Complete Evaluation by the Authorities. 
  • Illegal Logging Done Through Verbal Agreements Between Chainsaw Operators and Villages or Individual Owners 

1.5 Payment of royalties and harvesting fees
  • Evasion of Payments of Forest Occupation Fees, Conservation Fees, and Compensation Fees 
1.6 Value-added taxes and other sales taxes
  • Timber Processing Industries Do Not Report Their Total Production to Avoid Paying Value-Added Tax (VAT) 
1.7 Income and profit taxes
  • Incorrect Income and Profit Taxes Payment
  • Evasion of Minimum Fiscal Fee (CMF) by Logging Companies 

1.8 Timber harvesting regulations
  • Logging of Forest Stands Prior to the Required 25 Years Rotation Cycle 
  • Risk of Not Conducting Selective Cutting when Harvesting 
  • Logging of Species with a Smaller Diameter than Authorized 
  • Lack of Respect for the Protection Buffer Zones, where Cut is not Allowed; Slopes, Riverbanks 
  • Lack of Planning to Establish Skidding Trails 
  • Roads and Temporary Bridges are Constructed Without the Necessary Security Measures, Causing Accidents and Flooding by Blocking Rivers and Streams 
  • Risk of Harvesting Prohibited Species 
1.9 Protected sites and species
  • Risk of Illegal Harvesting in Protected Areas 
  • Guibourtia tessmannii - Illegal Logging Without Permit or With Fraudulent Permit
  • Diospyros crassiflora - Risk of Illegal Logging Without Permit or With Fraudulent Permit
  • Milletia laurentii - Risk of Illegal Logging Without Permit or With Fraudulent Permit
1.10 Environmental requirements
  • Logging is done without Environmental Licenses and Environmental Impact Assessments 
1.11 Health and safety
  • Violation of health and safety requirements during harvesting activities 
1.12 Legal employment
  • Lack of Work Contracts for Seasonal and Discontinuous Work 
  • Lack of Registration of the Workers in the National Social Security Institute (INSESO) 
  • Lack of Training of Employees by the Forestry Companies

1.13 Customary rights
  • The mechanisms for distributing the forest benefits between the parties are not applied in a way to ensure benefits to all communities.
  • Lack of social works in the villages and municipalities surrounding the forest area harvested
  • There is a risk that fruit trees are harvested during the logging
1.15 Indigenous/traditional peoples rights
  • Not all companies hire local workers 

1.16 Classification of species, quantities, qualities
  • Companies present false specifications to reduce the volumes and the classification of the qualities 
  • To Transport Illegally Harvested Prohibited and Protected Species Codes are Changed and Instead Using Codes of Similar Species 
  • Classification of wood for export do not follow the legal requirements 
  • Wood in the stacks without the company’s logo—wood from unclear origin 
  • Change of Information in the Transport Guide During Transport – Required Information is Altered (Species, Volume or Quantity Transported, Date and Time of Commencement 
  • Transport of Wood Without Transport Guide in Illegal Logging Zones and Bribe the Controlling Agents 
  • Use of Expired Transport Guides and Repeated Use of a Guide When it is Lack of Required Information and to Bribe the Controlling Agents 
1.19 Custom regulations
  • Illegal Export Without Documentation or the Approval of the Forest Administration 
  • Illegal Export of Roundwood (valid for logs exported prior to 26 October, 2020) 
  • Illegal Export of Roundwood Logs from Prohibited Species 
1.20 CITES
  • Species Guibourtia tessmannii is Exported with CITES Certificate despite National Export Ban 
  • CITES certificates are Granted Without Availability Assessment and Without Annual Quotas 
  • Diospyros crassiflora is Exported with CITES Certificate despite National Export Ban
  • Milletia laurentii is exported with CITES certificate despite national export ban
  • Prunus africana is Exported with CITES Certificate despite National Export Ban

1.23 Legal Registration of Business
  • Forestry and Wood Processing Companies Operating without Registration Documentation Required by The State Government 
1.24 Environmental Requirements for Processing
  • There is an excessive waste of wood during the processing, which is burned 
  • Installation of Industries without Conducting an Environmental and Social Impact Assessment, which Implies the Absence of an Environmental License
1.25 Processing Requirements
  • Companies Operate without Development of an Industry 
1.26 Health and Safety in the Timber Processing Sector
  • Lack of fulfilment of health and safety requirements for the companies; lack of health and safety committees in the companies, no distribution, and no use of adequate safety equipment by employees, use of inadequate vehicles to transport employees
1.27 Legal Employment in The Timber Processing Sector
  • Lack of work contracts for seasonal and discontinuous work
  • Lack of registration of the workers in the National Social Security Institute (INSESO)
  • Lack of training of employees by the forestry companies
1.1 Land tenure and management rights
Last updated on 2022-09-23 Risk of Potential Overlap of Lands Under a Harvesting Permit or CAAF Specified RISK
•   There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of local communities represents illegal extraction,... VIEW MORE

•   There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of local communities represents illegal extraction, because the harvesting is occurring in an area that lacks of land property permit; or because the harvesters do not have the necessary documentation to legalize their activity. Very often, too, there is an overlapping of uses for a given area, e.g.: a protected area superimposed by infrastructure built for logging activities, or forest camps established within a protected area (Rügnitz, 2013).

•   There are no effective strategies for dissemination and awareness-raising relating to the legal frameworks pertaining to land properties. In terms of the legalization of properties, there is a big difference between the insular and the continental regions, due to the level of knowledge and information. Since the beginning of the cacao exploitation, the insular region was divided into legalized farms for cacao farming and most are still rustic; while there are few examples where property is legally registered in farms of the continental region, due to lack of legal knowledge (Rügnitz, 2013).

•   Incremental degradation and deforestation of land and forest, due to lack of empowerment of the communities in relation to their land. The absence of empowerment of the local communities in the decision-making process related to harvesting activities, and negative impacts that directly affect their life conditions are due to the lack of legalization of their land (Rügnitz, 2013).

•   The use of the land as private property is not legally documented. Many inhabit land through peaceful or traditional occupation without submitting documentation required by law. When this same space is allocated by the government to a company, problems arise between parties, for example in the case of forest concessions and non-legalized rustic farms (Ministry for Agriculture, Livestock, Forests and the Environment, 2017).

•   Exceeding the awarded limits of forest concessions generates conflicts between companies and local communities. This is due to lack of boundaries in the field and overlapping delimitation certificates. Further, it is caused by the lack of training for company workers in the operation and management of forest equipment, such as GPS, compasses, maps or mapes (Ministry for Agriculture, Livestock, Forests and the Environment-, 2017).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area

Visit the forest area where logging is carried out, to examine the delimitation of the property boundaries on the land, their owners, and their accredited documentation. Crosscheck the documents with the following:

a. Location matches with the boundaries established in the harvesting permit or CAAF and their respective Measurement certificate.

b. Verify on the ground that there is no overlap with areas designated for national parks, or forests within 2 km around villages.

c. Boundaries of the Forest concession/or harvesting area are clearly marked on the ground. (NOTE: A 1-2 metres track around the area shall be in place to delimitate the boundaries).

d. Verify that logging operations are carried out within the boundary delimitation.

2
Verify Title of Property - signed by the President (for Privately owned forests)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
3
Verify Communal Forest certificate -signed by the President (for Community Forests)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
4
Verify Forest Harvesting Lease Agreement (CAAF)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
5
Verify Official delimitation maps
Identify areas for potential tenure conflicts, tenure overlapping that may need to be verified in the field (i.e: Boundary shared with a protected area, forests villages within the concession, etc…)
6
Verify Measurement certificate (forest delimitation certificate)
Identify areas for potential tenure conflicts, tenure overlapping that may need to be verified in the field (i.e: Boundary shared with a protected area, forests villages within the concession, etc…)
7
Verify Technical reports
Reports may be provided by the forest technician responsible in the Area. Verify that the boundaries are correct.
8
Consult Local villages authorities
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
9
Consult Forest Administration
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
10
Consult INDEFOR-AP inspection report
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
11
Consult Local communities
Verify if any conflicts are ongoing, and what actions has been applied to deal with the potential conflict.
Description of legal requirements
Land should be registered in the cadastral system, have clear property limits, and hold a legal status of the property
VIEW MORE

•   Fundamental Law of Equatorial Guinea (2012)

Article 30. The State recognizes public and private priorities. The right to property is guaranteed and protected without further limitations than those established by law. The property is inviolable, no individual can be deprived of their property and rights, except in the case of public utilities, with corresponding compensation. The State guarantees farmers traditional ownership of the land they own. The law sets the legal regime of public domain assets.

•   Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. 

Articles 1, 2, 3, 4, 7, 8 and 9 classify the lands and describe general rules: lands are within the State’s public domain, or private property. The Law recognizes the traditional lands of the village communities, tribes and native family groups, including lands that are usually occupied for residential or agricultural uses, without the intervention of a legal act to attribute property title. However, the President of the Republic must determine the boundary through physical demarcation on the ground. 

Chapter II (articles 11–20) includes legal dispositions on how to acquire private property of the lands. Land property is granted and signed by the President of the Republic through a public auction or by direct adjudication, after the corresponding application package has been examined by the competent bodies (Article 11).

Articles 13, 14, 15, 16, 17, 18, 19 and 22 deal with the land properties granted based on an onerous nature. Land concessions are distinguished by croplands (temporary), building, logging, grazing and other public or private uses.

•   Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes, land forests classification based on land tenure:

a.   Privately owned forests: small patches of natural or afforested forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a logging authorization granted by the forest administration.

b.   Communal forests: areas of natural of re-established forests that the State recognizes, limits and awards in permanent use to the rural communities, for traditional uses; these forests must be adjacent to the community.

c.   National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. 

Article 23: For the official recognition by the forest administration of privately owned forests, the property title of the privately owned forests must be presented.

Article 29: The President of the Republic will award to every community a resolution of recognition of the community reserve, after a favorable report from the minister through the General Directorate of Forests and Reforestation. Such resolution will be updated every 10 years based on the demographic evolution of the community and will be renewable at its request; and regarding wood extraction, the minister will issue a Harvesting Permit, after a favorable report from the minister through the General Directorate of Forests and Reforestation.

Article 41. The forest harvesting in the national forests will be done through Forest Harvesting Lease Agreement (CAAF). 

Legally required documents
  • Certificate of forest localization/ delimitation
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Forest Harvesting Lease Agreement (CAAF)
  • Harvesting request to the Minister of Forests signed by communal representative
  • Tree purchasing contract (applicable to companies operating in third-party forests)
  • Tree purchasing contract (applied to companies harvesting timber from the communal forest)
  • Measurement Certificate (Certificado de medición)
Applicable legislation
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2022-09-23 Risk that Logging Companies Harvest Timber within the 2km Buffer Zones around Villages that Have Been Included in the Concession Area Specified RISK
•   There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of local communities represents illegal extraction,... VIEW MORE

•   There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of local communities represents illegal extraction, because the harvesting is occurring in an area that lacks of land property permit; or because the harvesters do not have the necessary documentation to legalize their activity. Very often, too, there is an overlapping of uses for a given area, e.g.: a protected area superimposed by infrastructure built for logging activities, or forest camps established within a protected area (Rügnitz, 2013).

•   There are no effective strategies for dissemination and awareness-raising relating to the legal frameworks pertaining to land properties. In terms of the legalization of properties, there is a big difference between the insular and the continental regions, due to the level of knowledge and information. Since the beginning of the cacao exploitation, the insular region was divided into legalized farms for cacao farming and most are still rustic; while there are few examples where property is legally registered in farms of the continental region, due to lack of legal knowledge (Rügnitz, 2013).

•   Incremental degradation and deforestation of land and forest, due to lack of empowerment of the communities in relation to their land. The absence of empowerment of the local communities in the decision-making process related to harvesting activities, and negative impacts that directly affect their life conditions are due to the lack of legalization of their land (Rügnitz, 2013).

•   The use of the land as private property is not legally documented. Many inhabit land through peaceful or traditional occupation without submitting documentation required by law. When this same space is allocated by the government to a company, problems arise between parties, for example in the case of forest concessions and non-legalized rustic farms (Ministry for Agriculture, Livestock, Forests and the Environment, 2017).

•   Exceeding the awarded limits of forest concessions generates conflicts between companies and local communities. This is due to lack of boundaries in the field and overlapping delimitation certificates. Further, it is caused by the lack of training for company workers in the operation and management of forest equipment, such as GPS, compasses, maps or mapes (Ministry for Agriculture, Livestock, Forests and the Environment-, 2017).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area

Visit the forest area where logging is carried out, to examine the delimitation of the property boundaries on the land, their owners, and their accredited documentation. Crosscheck the documents with the following:

a. Location matches with the boundaries established in the harvesting permit or CAAF and their respective Measurement certificate.

b. Verify on the ground that there is no overlap with areas designated for national parks, or forests within 2 km around villages.

c. Boundaries of the Forest concession/or harvesting area are clearly marked on the ground. (NOTE: A 1-2 metres track around the area shall be in place to delimitate the boundaries).

d. Verify that logging operations are carried out within the boundary delimitation.

2
Verify Title of Property - signed by the President (for Privately owned forests)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
3
Verify Communal Forest certificate -signed by the President (for Community Forests)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
4
Verify Forest Harvesting Lease Agreement (CAAF)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
5
Verify Official delimitation maps
Identify areas for potential tenure conflicts, tenure overlapping that may need to be verified in the field (i.e: Boundary shared with a protected area, forests villages within the concession, etc…)
6
Verify Measurement certificate (forest delimitation certificate)
Identify areas for potential tenure conflicts, tenure overlapping that may need to be verified in the field (i.e: Boundary shared with a protected area, forests villages within the concession, etc…)
7
Verify Technical reports
Reports may be provided by the forest technician responsible in the Area. Verify that the boundaries are correct.
8
Consult Local villages authorities
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
9
Consult Forest Administration
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
10
Consult INDEFOR-AP inspection report
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
11
Consult Local communities
Verify if any conflicts are ongoing, and what actions has been applied to deal with the potential conflict.
Description of legal requirements
Logging shall not be conducted in the 2km buffer zones around villagers
VIEW MORE

•   Fundamental Law of Equatorial Guinea (2012)

Article 30. The State recognizes public and private priorities. The right to property is guaranteed and protected without further limitations than those established by law. The property is inviolable, no individual can be deprived of their property and rights, except in the case of public utilities, with corresponding compensation. The State guarantees farmers traditional ownership of the land they own. The law sets the legal regime of public domain assets.

•   Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. 

Articles 1, 2, 3, 4, 7, 8 and 9 classify the lands and describe general rules: lands are within the State’s public domain, or private property. The Law recognizes the traditional lands of the village communities, tribes and native family groups, including lands that are usually occupied for residential or agricultural uses, without the intervention of a legal act to attribute property title. However, the President of the Republic must determine the boundary through physical demarcation on the ground. 

Chapter II (articles 11–20) includes legal dispositions on how to acquire private property of the lands. Land property is granted and signed by the President of the Republic through a public auction or by direct adjudication, after the corresponding application package has been examined by the competent bodies (Article 11).

Articles 13, 14, 15, 16, 17, 18, 19 and 22 deal with the land properties granted based on an onerous nature. Land concessions are distinguished by croplands (temporary), building, logging, grazing and other public or private uses.

•   Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes, land forests classification based on land tenure:

a.   Privately owned forests: small patches of natural or afforested forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a logging authorization granted by the forest administration.

b.   Communal forests: areas of natural of re-established forests that the State recognizes, limits and awards in permanent use to the rural communities, for traditional uses; these forests must be adjacent to the community.

c.   National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. 

Article 23: For the official recognition by the forest administration of privately owned forests, the property title of the privately owned forests must be presented.

Article 29: The President of the Republic will award to every community a resolution of recognition of the community reserve, after a favorable report from the minister through the General Directorate of Forests and Reforestation. Such resolution will be updated every 10 years based on the demographic evolution of the community and will be renewable at its request; and regarding wood extraction, the minister will issue a Harvesting Permit, after a favorable report from the minister through the General Directorate of Forests and Reforestation.

Article 41. The forest harvesting in the national forests will be done through Forest Harvesting Lease Agreement (CAAF). 

Legally required documents
  • Certificate of forest localization/ delimitation
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Forest Harvesting Lease Agreement (CAAF)
  • Harvesting request to the Minister of Forests signed by communal representative
  • Tree purchasing contract (applicable to companies operating in third-party forests)
  • Tree purchasing contract (applied to companies harvesting timber from the communal forest)
  • Measurement Certificate (Certificado de medición)
Applicable legislation
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2022-09-23 Traditional Occupation and Land Use by Local Inhabitants Without Required Documentation, which Generate Property Conflicts when Forest Concessions are Awarded on the Same Land  Specified RISK
•    There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of  local communities represents illegal extractio... VIEW MORE•    There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of  local communities represents illegal extraction, because the harvesting is occurring in an area that lacks a land property permit; or because the harvesters do not have the necessary documentation to legalize their activity. Very often, too, there is an overlapping of uses for a given area, e.g.: a protected area superimposed by infrastructure built for logging activities, or forest camps established within a protected area (Rügnitz, 2013).
•    There are no effective strategies for dissemination and awareness-raising relating to the legal frameworks pertaining to land properties. In terms of the legalization of properties, there is a big difference between the insular and the continental regions, due to the level of knowledge and information. Since the beginning of the cacao exploitation, the insular region was divided into legalized farms for cacao farming and most are still rustic; while there are few examples where property is legally registered in farms of the continental region, due to lack of legal knowledge (Rügnitz, 2013).
•    Incremental degradation and deforestation of land and forest, due to lack of empowerment of the communities in relation to their land. The absence of empowerment of the local communities in the decision-making process related to harvesting activities, and negative impacts that directly affect their life conditions are due to the lack of legalization of their land (Rügnitz, 2013).
•    The use of the land as private property is not legally documented. Many inhabit land through peaceful or traditional occupation without submitting documentation required by law. When this same space is allocated by the government to a company, problems arise between parties, for example in the case of forest concessions and non-legalized rustic farms (Ministry for Agriculture, Livestock, Forests and the Environment, 2017).
•    Exceeding the awarded limits of forest concessions generates conflicts between companies and local communities. This is due to lack of boundaries in the field and overlapping delimitation certificates. Further, it is caused by the lack of training for company workers in the operation and management of forest equipment, such as GPS, compasses, maps or mapes (Ministry for Agriculture, Livestock, Forests and the Environment-, 2017).
 
References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area

Visit the forest area where logging is carried out, to examine the delimitation of the property boundaries on the land, their owners, and their accredited documentation. Crosscheck the documents with the following:

a. Location matches with the boundaries established in the harvesting permit or CAAF and their respective Measurement certificate.

b. Verify on the ground that there is no overlap with areas designated for national parks, or forests within 2 km around villages.

c. Boundaries of the Forest concession/or harvesting area are clearly marked on the ground. (NOTE: A 1-2 metres track around the area shall be in place to delimitate the boundaries).

d. Verify that logging operations are carried out within the boundary delimitation.

2
Verify Title of Property - signed by the President (for Privately owned forests)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
3
Verify Communal Forest certificate -signed by the President (for Community Forests)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
4
Verify Forest Harvesting Lease Agreement (CAAF)
Check onsite that the land where logging is carried out has the official documents guaranteeing the legal status of the propert (including their respective localization certificates)
5
Verify Official delimitation maps
Identify areas for potential tenure conflicts, tenure overlapping that may need to be verified in the field (i.e: Boundary shared with a protected area, forests villages within the concession, etc…)
6
Verify Measurement certificate (forest delimitation certificate)
Identify areas for potential tenure conflicts, tenure overlapping that may need to be verified in the field (i.e: Boundary shared with a protected area, forests villages within the concession, etc…)
7
Verify Technical reports
Reports may be provided by the forest technician responsible in the Area. Verify that the boundaries are correct.
8
Consult Local villages authorities
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
9
Consult Forest Administration
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
10
Consult INDEFOR-AP inspection report
Verify that there is no conflicts regarding land tenure; and in case of potential conflicts, how they have been resolved.
11
Consult Local communities
Verify if any conflicts are ongoing, and what actions has been applied to deal with the potential conflict.
Description of legal requirements
Land should be registered in the cadastral system, have clear property limits, and hold a legal status of the property
VIEW MORE

•   Fundamental Law of Equatorial Guinea (2012)

Article 30. The State recognizes public and private priorities. The right to property is guaranteed and protected without further limitations than those established by law. The property is inviolable, no individual can be deprived of their property and rights, except in the case of public utilities, with corresponding compensation. The State guarantees farmers traditional ownership of the land they own. The law sets the legal regime of public domain assets.

•   Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. 

Articles 1, 2, 3, 4, 7, 8 and 9 classify the lands and describe general rules: lands are within the State’s public domain, or private property. The Law recognizes the traditional lands of the village communities, tribes and native family groups, including lands that are usually occupied for residential or agricultural uses, without the intervention of a legal act to attribute property title. However, the President of the Republic must determine the boundary through physical demarcation on the ground. 

Chapter II (articles 11–20) includes legal dispositions on how to acquire private property of the lands. Land property is granted and signed by the President of the Republic through a public auction or by direct adjudication, after the corresponding application package has been examined by the competent bodies (Article 11).

Articles 13, 14, 15, 16, 17, 18, 19 and 22 deal with the land properties granted based on an onerous nature. Land concessions are distinguished by croplands (temporary), building, logging, grazing and other public or private uses.

•   Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes, land forests classification based on land tenure:

a.   Privately owned forests: small patches of natural or afforested forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a logging authorization granted by the forest administration.

b.   Communal forests: areas of natural of re-established forests that the State recognizes, limits and awards in permanent use to the rural communities, for traditional uses; these forests must be adjacent to the community.

c.   National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. 

Article 23: For the official recognition by the forest administration of privately owned forests, the property title of the privately owned forests must be presented.

Article 29: The President of the Republic will award to every community a resolution of recognition of the community reserve, after a favorable report from the minister through the General Directorate of Forests and Reforestation. Such resolution will be updated every 10 years based on the demographic evolution of the community and will be renewable at its request; and regarding wood extraction, the minister will issue a Harvesting Permit, after a favorable report from the minister through the General Directorate of Forests and Reforestation.

Article 41. The forest harvesting in the national forests will be done through Forest Harvesting Lease Agreement (CAAF). 

Legally required documents
  • Certificate of forest localization/ delimitation
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Forest Harvesting Lease Agreement (CAAF)
  • Harvesting request to the Minister of Forests signed by communal representative
  • Tree purchasing contract (applicable to companies operating in third-party forests)
  • Tree purchasing contract (applied to companies harvesting timber from the communal forest)
  • Measurement Certificate (Certificado de medición)
Applicable legislation
VIEW LESS
1.2 Concession licenses
Last updated on 2022-09-23 Forest Concessions (CAAF) Awarded Without the Required Documents or Without Complete Evaluation by the Authorities. Specified RISK
•   In national forests, CAAF (Contrato de Arrendamiento por Aprovechamiento Forestal) requests are approved based on an incomplete application dossier or process. Many reports do not include all of the legal requirements. Many lack economic and tax solvency documents, forest management plan and company feasibility study , timber processing commitment and implementation of social works commitment. Given this situation, the government prohibi... VIEW MORE

•   In national forests, CAAF (Contrato de Arrendamiento por Aprovechamiento Forestal) requests are approved based on an incomplete application dossier or process. Many reports do not include all of the legal requirements. Many lack economic and tax solvency documents, forest management plan and company feasibility study , timber processing commitment and implementation of social works commitment. Given this situation, the government prohibited the use of forest authorizations by the responsible authority, restricting this to the President of the Republic (President of the Republic, Decree No. 7/2017; MAGBMA, Ministerial Order No. 2/2017).

•   Obtaining logging permits without a favorable report from the responsible ministry. Many companies, especially some of Chinese nationality, obtain their authorizations directly from the President, without an analysis of their file as to whether or not a favorable report exists; with this leading to a ministerial resolution to cancel all the authorizations for forest use of those companies (MAGBMA, Resolution No. 017-7931-010, 2017).

•   A company must own a maximum area of 50,000 hectares with an industrial plant for primary and secondary processing. While most companies have many forests in different zones exceeding the maximum area, a few companies do not have an industrial plant for primary and secondary processing. 

References
VIEW LESS
The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Forest Harvesting Lease Agreement (CAAF)
Verify that a CAAF is in place, and that it is signed by the President of the Republic. Ensure the documentation for the application process is complete and signed by the required authorities
2
Verify Favourable report from the Ministry for Agriculture, Livestock, Forests and the
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
3
Verify Tax Identification Number (N.I.F)
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
4
Verify Forest management plan
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
5
Verify Economic solvency
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
6
Verify Forest tax solvency
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
7
Verify Bond commitment (right of occupation) to be paid to the Public Treasury
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
8
Verify Feasibility study (the study must be completed by a technical expert recognized
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
9
Verify Measurement certificate (forest delimitation certificate)
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
10
Verify Timber processing commitment- presented in the form of a Manifesto Act
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
11
Verify Social works commitment
Ensure the documentation for the CAAF application process is complete and signed by the required authorities
12
Visit Logging area
Verify and cross-check that information in the above-mentioned documents correspond to the facts in the field
13
Verify Industrial Establishment Registry Book
Verify the company beneficiary of the CAAF has a primary or secondary processing industry legally registered and operating in the country. This can be checked at the Industrial Establishment Registry Book, obtained at the Ministry of Industry as well as at the Registry of MAGBMA
14
Consult Logging companies
Talk with the logging companies which hold a CAAF to verify they understand the required process and documents required to obtain a CAAF - ensure they have followed the correct procedure
15
Consult with responsible people in the MAGBMA
Confirm the company has follow the correct procedures to obtain the CAAF
16
Consult with responsible people in National Institute for Forest Development and Management of Protected Areas (INDEFOR)
Confirm the company has follow the correct procedures to obtain the CAAF
Description of legal requirements
Forest leasing agreement (CAAF) application shall be properly evaluated and have all the documentation required for approval
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. The legal framework regarding the procedure for the issue of the forest concession licenses is found in Section II, Article 24, for the communal forests; Section III, Article 26, for the privately owned forests; with Article 35 referring to the application file for the direct concession of a CAAF, and Article 36 to the favourable report. The articles following are Article 30 (CAAF is the permit conceded by the government to a physical or legal person), 31 (annual cost of the rights of occupation), 32 (maximum area and its duration), 33 (limits of a contract for a physical or legal person), 34 (the CAAF, applicable only in the continental region), 35 (application file for CAAF), 38 (CAAF duration and processing methods), 39 (national forestry engineer required as technical advisor), 40 (monthly income of the corresponding fees based on the cubic metres cut), 41 (evacuation from within the concession zone of all belongings and goods in the time established by law), 42 (conducting a detailed forest inventory), 43 (respect of all private assets), 44 (exclusivity of employment for national personnel), and 45 (reasons for CAAF cancellation).

Decree No. 97/1997 (Regulation that Implements the Forest Law Nº1/1997) includes legal requirements related to the CAAF:
•    Section III-C, national forests: Article 41 (CAAF), 42 (CAAF applicable only in the continental region), 43 (requirements to obtain a CAAF), 44 (conditions to issue a CAAF), 45 (obtaining a localization certificate), 46 (condition of duplicity of CAAF and its exceptions), 47 (exclusive condition and quality of CAAF), 48 (criteria for CAAF renewal), 49 (conditions for not renewing a CAAF), 50 (information contained in a CAAF), 51 (previous favourable reports from the General Directorate of Forests and Reforestation), 52 (CAAF decree and its effective date), 53 (CAAFs and grant decrees are nominative and non-transferable).
Presidential Decree No. 7/2017, dated 31 January, forbids chainsaw operators and forestry companies, in all national territories, to cut trees for commercial purposes; and also dictates standards to establish, in a correct and convincing way, the system of processing applications for authorization of wood surveys in the country. Also, Ministerial Order No. 2/2017, dated 15 May, dictates standards for the correct application of Presidential Decree No. 7/2017. From that decree, it is established that all logging licenses should be signed by the President of the Republic.
Use of privately owned forests or communal forests is not effected through the means of a forest concession, but through harvesting permits given by the land owners and, in case of logging by a third-party company, contracts for the purchase and sale of the wood between the property owner and company. Given this requirement, legal requirements to obtain the harvesting permits in privately owned forests and communal forests are explained in more detail in Section 1.4. Harvesting Permits.
Forest use within national forests is carried out through Forest Harvesting Lease Agreements (CAAF) (Article 41). The Forestry Ministry requires to obtain the signature of the President of the Republic. To obtain a CAAF, the request must be presented, addressed to the President of the Republic, in which in general terms is stated the objectives that justify the request of a Forest Harvesting Lease Agreement; and including precisely the location and total area. Along with the request, the following documentation – which guarantees compliance with the legal requirements enabling receipt of the CAAF – must be presented: 
•    Economic solvency, proved through a guarantee issued by a local commercial bank;
•    Forest Tax solvency: evidence obtained from the appropriate ministry to confirm solvency in the context of the State; 
•    Bond commitment (right of occupation), to be presented in the form of a Manifesto Act, in which the beneficiary of the forest concession commits to the payment of 50% of the right of occupation corresponding to the first year, after the signing of the forest concession; to be paid to Public Treasury
•    A forest management plan, with required legal contents, approved by the Forestry Ministry;
•    A feasibility study from the company, including estimates that demonstrate the viability of the logging project and include the number of machines and types of equipment to be used for harvesting. The study must be completed by a technical expert recognized by the forest administration; 
•    Map indicating the exact location; 
•    Timber Processing commitment, presented in the form of a Manifesto Act, in which the beneficiary of the CAAF undertakes, in the third year following the signature of authorization, industrial processing according to the applicable regulations of the current law;
•    Social work commitment, in which the company undertakes to execute social works in the villages and municipalities of the forest zone it will exploit, according to the area awarded. The social works will be specified, with projects and budgets, in a contract signed by the government on the recommendation of the beneficiaries. The beneficiary of the CAAF will deposit, for the execution of social works, a bond equivalent to 50% of the total cost of the works, in a designated account of a local commercial bank;
•    Measurement certificate (Forest delimitation certificate) a technical document that guarantees the requested area within the national forest and includes the boundaries on the location map, compatible with the terrain; 
•    Favourable report from the Ministry.
Article 38, of Law No. 1/1997 indicates the CAAF model to be used, including its duration and the concessional areas, as follows: 
•    Short-term: Duration of five years, renewable. Maximum area of 10,000 ha. Processing by the owner or a third party. 
•    Medium-term: Duration of 10 years, renewable. Area between 10,001 ha and 30,000 ha. Requires an industrial plant for primary processing.
•    Long-term: Duration of 15 years, renewable. Area between 30,001 ha and 50,000 ha. Requires an industrial plant for primary and secondary processing. 
•    Notwithstanding the fact that the company may opt for any of the three CAAF models, the model described in this subsection of this article will be exclusive for nationals.
 
Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-09-23 Development of Forest Management Plans Without the Required Contents Specified RISK
A model management plan was created by the Conservation and Rational Utilization of Forest Ecosystems in Equatorial Guinea (CUREF) project in 1998, for a 50,000 ha forest concession, to be shared with other forest concessions; however it has not been implemented in any concessions. This has occurred due to the limited forest management capacity within forestry companies and forest administration (MAGBMA, 1999).There are no proper forest managemen... VIEW MORE

A model management plan was created by the Conservation and Rational Utilization of Forest Ecosystems in Equatorial Guinea (CUREF) project in 1998, for a 50,000 ha forest concession, to be shared with other forest concessions; however it has not been implemented in any concessions. This has occurred due to the limited forest management capacity within forestry companies and forest administration (MAGBMA, 1999).

There are no proper forest management plans implemented in production forests. By legal obligation, it is required that all companies prepare a forest management plan prior to obtaining a Forest Harvesting Lease Agreement (CAAF). However, the content of the forest management plans is very basic: with companies completing only the formal documentation required as a prerequisite to obtaining a lease for such forest use. After obtaining the CAAF, managements plans are not appropriately implemented in the field. Logging activities are carried without following a previously approved and well elaborated management plan; and there is no follow-up in this regard (FRA, 2015).

References
VIEW LESS
The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Map of the forests
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
2
Verify Forest delimitation certificate
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
3
Verify Forest management inventory document
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
4
Verify Annual cutting plan
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
5
Verify Route network plan
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
6
Verify Description of silvicultural treatment methods
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
7
Verify Description of reforestation or management of natural regeneration
Verify Forest management plan document. Check if all legally required sections are included, and verify that the content of each section have quality and details to ensure that it is a useful document that can be applicable in the field
8
Verify Forest management plan
Verify that forest management plans have been developed and signed by a competent national forestry engineer as a technician advisor. It has to be approved by the Ministry responsible of Forests (MAGBMA)
9
Consult with INDEFOR technicians
Confirm/discuss if the level of the management plan is sufficient
10
Consult with MAGBMA tehcnicians
Confirm/discuss if the level of the management plan is sufficient
Description of legal requirements
Forest management plan shall be developed in compliance with legal requirements. CAAF holders shall have a national forestry engineer as a technical advisor
VIEW MORE

•   Law No. 1/1997, dated 18 February, Law on the Use and Management of Forests in Equatorial Guinea.

Article 17 requires the responsible ministry to produce an annual forest use and production plan.

Article 18 states that any type of extraction, harvesting or collection of natural plant products for commercial purposes will require authorization and payment for use rights, depending on the species, volumes, quantities, qualities and other parameters established by the regulation. 

Article 21 states that the forest lands within the production domain, that are within the National Forest Reserve, cannot be used for other purposes than forestry.

Article 22 stipulates that no logging of existing wood is to occur within a 2km radius of a village.

Article 25 states that forest administration has to ensure compliance through control and inspection of sustainable forest management standards.

Articles 29, 32, 35, 38, 39 and 40 define the variables relating to planning and management of forest use and exploitation, as well as the monthly fees to be paid to the public treasury depending on the production, conservation and compensation fees.

Article 39 states that each beneficiary of a Forest Harvesting Lease Agreement (CAAF) , for the duration of the agreement, must have a national forestry engineer as a technical advisor to ensure that the requirements of the management plan and other technical harvesting standards are met. Those advisors will be paid by the companies.

Articles 47 to 54 define the required forest management.

Article 47 states that the forest resources as established in the present law, must be managed to follow the principle of sustainable management, in order to ensure forest renewal. For the effects of this law, three basic systems of management, which ensure the permanence or the continued renewal of the forest, are recognized:

a.   In the national forests, management is oriented towards the replacement of the harvested volumes and enrichment of the forest. The reforestation can be implemented through total or partial restocking, replacement and enrichment plantations as well as by management of natural regeneration.

b.   In mixed-use areas, management is oriented towards protection of the soil from degradation and erosion, through silvo-agricultural practices.

c.   In the areas destined for conservation, the management is oriented towards the preservation of the representative ecosystems in their natural state, preserving the ecological diversity and environment, conservation of the hydrographic basin, the control of erosion and sedimentation, preservation of genetic diversity, artisanal wood production, fodder, and other products based on sustainable use, protection of places and objects from the cultural, historical and archaeological heritage.

Article 48 stipulates that the State will promote all the systems mentioned above, within a national management, reforestation and conservation plan.

Article 49 describes the requirement that – for any area in which forest activities are carried out or in which the removal of a part of the standing lumber volume occurs – a management plan should exist that guarantees the conservation of the forest ecosystems. 

Article 51: In the areas under Forest Harvesting Lease Agreements (CAAFs), the implementation of the management plans will be carried out by the users themselves.

Article 52 describes the follow-up and implementation of the forest management plan (Plan de Manejo), that the companies shall have a technical management plan (plan de Gestión) which determines the actions to be carried out, temporally and spatially. The implementation of such a plan will be periodically monitored by the forest administration.

Article 53 stipulates that forestry companies will not be able to intervene for commercial logging purposes in the exploited forests, before the end of the period set for forest recovery which is 25 years.

Article 54: Reforestation in any forest production unit must guarantee the replacement of the volume cut annually.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 54 describes for the effects of this current regulation, that forest management is understood as the set of technical standards (management standards) that guarantee the rational and ordered use of the forest resources, as well as their sustainability. The management standards will be fixed in a technical document produced by the forest administration, which will be made available to all the companies exploiting the forest to ensure compliance with all requirements related to forest management. Article 55, in accordance with what is specified in Article 52 of the current Forestry Law, states that the companies exploiting the national forest, shall have a management plan in accordance with the following order of execution: 

a.   Division of the forest area into plots representing the smallest management unit in a logging zone: the plots can be quadrangular or rectangular and not exceed 100 ha; the sum of several parcels constitutes a barrack (cuartel), and its area must not exceed 2,000 ha;

b.   Detailed forest inventory for each plot: such inventory will involve the counting and the marking of all the species included in the document that sets the forest management standard, with a minimum diameter of 40 cm at a height of 1.30 m;

c.   Annual cutting plan: the company exploiting the forest will have to indicate on a map the priority order of the harvest on each plot within a barrack (cuartel), based on market fluctuations and the logging teams available. The time set before being able to go back to the previous intervened barrack in the event that has not been exhausted is fixed to two years counted from its last intervention, after which period, the operating company will not have the right to resume in said barrack;

d.   Construction of the network of roads within and roads in and out of the concession;

e.   Use of the commercial trees marked within each exploited barrack; 

f.   Application of the silvicultural treatment method provided in the management plan presented to the government.

Article 56. The management plan will be prepared by the beneficiary of the Forest Harvesting Lease Agreement (CAAF), with the support of a national technical advisor. The company must ensure that all of the activities are implemented according to the scheduling described in the management plan. The management plan will be presented to the MAGBMA, through the General Directorate of Forests and Reforestation for approval within six months from the entry into force of the signature of the Forest Harvesting Lease Agreement (CAAF).

Article 57: before starting the operation, the company exploiting the forest will have to provide a detailed map with details of topography, existing infrastructure, number of commercial trees in each barrack, and any other information judged necessary by the forest administration.

Legally required documents
  • Annual budget for the implementation of the plan
  • Annual cutting plan
  • Description of forest protection methods
  • Description of reforestation or management of natural regeneration
  • Description of silvicultural treatment methods
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management inventory document
  • Forest management plan
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-09-23 Lack of Forest Management Plan Implementation by the Companies Specified RISK
A model management plan was created by the Conservation and Rational Utilization of Forest Ecosystems in Equatorial Guinea (CUREF) project in 1998, for a 50,000 ha forest concession, to be shared with other forest concessions; however it has not been implemented in any concessions. This has occurred due to the limited forest management capacity within forestry companies and forest administration (MAGBMA, 1999).There are no proper forest managemen... VIEW MORE

A model management plan was created by the Conservation and Rational Utilization of Forest Ecosystems in Equatorial Guinea (CUREF) project in 1998, for a 50,000 ha forest concession, to be shared with other forest concessions; however it has not been implemented in any concessions. This has occurred due to the limited forest management capacity within forestry companies and forest administration (MAGBMA, 1999).

There are no proper forest management plans implemented in production forests. By legal obligation, it is required that all companies prepare a forest management plan prior to obtaining a Forest Harvesting Lease Agreement (CAAF). However, the content of the forest management plans is very basic: with companies completing only the formal documentation required as a prerequisite to obtaining a lease for such forest use. After obtaining the CAAF, managements plans are not appropriately implemented in the field. Logging activities are carried without following a previously approved and well elaborated management plan; and there is no follow-up in this regard (FRA, 2015).

References
VIEW LESS
The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Forest concession
Visit forest concessions to verify the compliance of legally required management standards as specified in the Forest Management Plan.
2
Verify Forest management plan
3
Consult Forest Administration
Consult about level of compliance to the Forest Management Plans requirements
4
Consult Local communities
Consult about level of compliance to the Forest Management Plans requirements
5
Consult Logging companies
Consult about level of compliance to the Forest Management Plans requirements
Description of legal requirements
Forest Management plan shall be implemented in compliance with legal requirements
VIEW MORE

•   Law No. 1/1997, dated 18 February, Law on the Use and Management of Forests in Equatorial Guinea.

Article 17 requires the responsible ministry to produce an annual forest use and production plan.

Article 18 states that any type of extraction, harvesting or collection of natural plant products for commercial purposes will require authorization and payment for use rights, depending on the species, volumes, quantities, qualities and other parameters established by the regulation. 

Article 21 states that the forest lands within the production domain, that are within the National Forest Reserve, cannot be used for other purposes than forestry.

Article 22 stipulates that no logging of existing wood is to occur within a 2km radius of a village.

Article 25 states that forest administration has to ensure compliance through control and inspection of sustainable forest management standards.

Articles 29, 32, 35, 38, 39 and 40 define the variables relating to planning and management of forest use and exploitation, as well as the monthly fees to be paid to the public treasury depending on the production, conservation and compensation fees.

Article 39 states that each beneficiary of a Forest Harvesting Lease Agreement (CAAF) , for the duration of the agreement, must have a national forestry engineer as a technical advisor to ensure that the requirements of the management plan and other technical harvesting standards are met. Those advisors will be paid by the companies.

Articles 47 to 54 define the required forest management.

Article 47 states that the forest resources as established in the present law, must be managed to follow the principle of sustainable management, in order to ensure forest renewal. For the effects of this law, three basic systems of management, which ensure the permanence or the continued renewal of the forest, are recognized:

a.   In the national forests, management is oriented towards the replacement of the harvested volumes and enrichment of the forest. The reforestation can be implemented through total or partial restocking, replacement and enrichment plantations as well as by management of natural regeneration.

b.   In mixed-use areas, management is oriented towards protection of the soil from degradation and erosion, through silvo-agricultural practices.

c.   In the areas destined for conservation, the management is oriented towards the preservation of the representative ecosystems in their natural state, preserving the ecological diversity and environment, conservation of the hydrographic basin, the control of erosion and sedimentation, preservation of genetic diversity, artisanal wood production, fodder, and other products based on sustainable use, protection of places and objects from the cultural, historical and archaeological heritage.

Article 48 stipulates that the State will promote all the systems mentioned above, within a national management, reforestation and conservation plan.

Article 49 describes the requirement that – for any area in which forest activities are carried out or in which the removal of a part of the standing lumber volume occurs – a management plan should exist that guarantees the conservation of the forest ecosystems. 

Article 51: In the areas under Forest Harvesting Lease Agreements (CAAFs), the implementation of the management plans will be carried out by the users themselves.

Article 52 describes the follow-up and implementation of the forest management plan (Plan de Manejo), that the companies shall have a technical management plan (plan de Gestión) which determines the actions to be carried out, temporally and spatially. The implementation of such a plan will be periodically monitored by the forest administration.

Article 53 stipulates that forestry companies will not be able to intervene for commercial logging purposes in the exploited forests, before the end of the period set for forest recovery which is 25 years.

Article 54: Reforestation in any forest production unit must guarantee the replacement of the volume cut annually.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 54 describes for the effects of this current regulation, that forest management is understood as the set of technical standards (management standards) that guarantee the rational and ordered use of the forest resources, as well as their sustainability. The management standards will be fixed in a technical document produced by the forest administration, which will be made available to all the companies exploiting the forest to ensure compliance with all requirements related to forest management. Article 55, in accordance with what is specified in Article 52 of the current Forestry Law, states that the companies exploiting the national forest, shall have a management plan in accordance with the following order of execution: 

a.   Division of the forest area into plots representing the smallest management unit in a logging zone: the plots can be quadrangular or rectangular and not exceed 100 ha; the sum of several parcels constitutes a barrack (cuartel), and its area must not exceed 2,000 ha;

b.   Detailed forest inventory for each plot: such inventory will involve the counting and the marking of all the species included in the document that sets the forest management standard, with a minimum diameter of 40 cm at a height of 1.30 m;

c.   Annual cutting plan: the company exploiting the forest will have to indicate on a map the priority order of the harvest on each plot within a barrack (cuartel), based on market fluctuations and the logging teams available. The time set before being able to go back to the previous intervened barrack in the event that has not been exhausted is fixed to two years counted from its last intervention, after which period, the operating company will not have the right to resume in said barrack;

d.   Construction of the network of roads within and roads in and out of the concession;

e.   Use of the commercial trees marked within each exploited barrack; 

f.   Application of the silvicultural treatment method provided in the management plan presented to the government.

Article 56. The management plan will be prepared by the beneficiary of the Forest Harvesting Lease Agreement (CAAF), with the support of a national technical advisor. The company must ensure that all of the activities are implemented according to the scheduling described in the management plan. The management plan will be presented to the MAGBMA, through the General Directorate of Forests and Reforestation for approval within six months from the entry into force of the signature of the Forest Harvesting Lease Agreement (CAAF).

Article 57: before starting the operation, the company exploiting the forest will have to provide a detailed map with details of topography, existing infrastructure, number of commercial trees in each barrack, and any other information judged necessary by the forest administration.

Legally required documents
  • Annual budget for the implementation of the plan
  • Annual cutting plan
  • Description of forest protection methods
  • Description of reforestation or management of natural regeneration
  • Description of silvicultural treatment methods
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management inventory document
  • Forest management plan
  • Route network plan
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-09-23 Harvesting Permits for Privately Owned Forest are Awarded Without the Required Documents or Without Complete Evaluation by the Authorities.  Specified RISK
In privately owned forests, many nationals obtain logging authorizations without privately owned forest property title. Property registry is often requested as a precondition to obtain the logging authorization, and secured. As a result, the government prohibited the use of forest authorizations by the Ministry for Agriculture, Livestock, Forests and the Environment, restricting this to the President of the Republic (President of the Republic, De... VIEW MORE

In privately owned forests, many nationals obtain logging authorizations without privately owned forest property title. Property registry is often requested as a precondition to obtain the logging authorization, and secured. As a result, the government prohibited the use of forest authorizations by the Ministry for Agriculture, Livestock, Forests and the Environment, restricting this to the President of the Republic (President of the Republic, Decree No. 7/2017).

The proliferation of illegal logging without special authorization for timber harvesting with chainsaws: Most chainsaw operators establish verbal and payable contracts with the presidents of village councils. Considering the lack of resources to cover all production areas, enforcement of the law is difficult. However, following annual field inspections, the forestry administration is aware of the existence and cause of such illegal logging, especially in communal forests and privately owned forests (MAGBMA, 2018a and MAGBMA, 2018b).

The increase in illegal exploitation of the Bubinga species (Guibourtia tessmannii), and other protected species which are prohibited from being logged without special authorization. Field inspection reports show there are companies with mobile sawmills that log the banned species, processing into boards for export (MAGBMA, 2015).

Logging of species with smaller diameters than those authorized. It is a habitual practice of the companies when the species is very economically valuable. Sometimes it occurs due to poor training of company workers, who are unaware of the minimum operating diameters. In many inspections, there are species with diameters smaller than the authorized ones (MAGBMA, 2018).

Logging of species within protected areas. Many companies log up to protected areas, with large diameter trees, without any authorization. Companies enter forest tracks and open camp. The protected areas of Rio Campo and Piedra Bere have suffered such clandestine exploitation (MAGBMA, 2018).

References
VIEW LESS
The risk applies to the following source types
  • Privately owned forests (continental region)
Risk mitigation options
Document verification
1
Verify Harvesting permit (Autorización de Apeo)
Verify that a harvesting permit is in place, is granted by DGEFIM and signed by the President of the Republic Verify that it is valid and it contains the following: a. Personal Identification Document of the owner of the forest (DIP) b. Identification of the forest plot to be harvested c. Issue and expiration dates (valid 3 months from the date of issue) d. Species to extract and their diameters – it needs to be designated by a technical expert e. A guarantee of conservation and recovery of the forest
2
Verify Property title of privately owned forests
Ensure the following documentation was complete and reviewed prior to issuing of the harvesting permit
3
Verify Chainsaw registry
Ensure the following documentation was complete and reviewed prior to issuing of the harvesting permit
4
Verify Technical information about the commercial trees in the forest area
Ensure the following documentation was complete and reviewed prior to issuing of the harvesting permit
5
Verify Authorization of local sale
Ensure the following documentation was complete and reviewed prior to issuing of the harvesting permit
Description of legal requirements
Harvesting permit application shall be properly evaluated and have all documentation required for approval
VIEW MORE
Law No. 1/1997, dated 18 February, Law on the Use and Management of Forests in Equatorial Guinea.
Article 12 establishes  three types of forests where it is possible commercial logging in Equatorial Guinea, and for which the law requires logging permits or other legal documents: Article12 indicates:The Forest Production Domain is made up of:
a) Privately owned forests: Which are small areas of natural or repopulated forests, located within the boundaries of silvo-agricultural or rustic farms, and for whose use a logging authorization granted by the Forest Administration is required.
b) Communal Forests: Which are the surfaces of natural or repopulated forests that the State recognizes, delimits and grants in permanent use assignment to rural communities, due to their traditional uses; these forests must be adjacent to the community.
c) National Forests: Which are those areas of natural or repopulated forests, which the state reserves for itself, being able to take advantage of them directly and exclusively or through third parties with economic capacity for the extraction, transformation and export of wood.
Article 18 establishes that all extraction, harvesting or collection of natural plant products  – by any means – for commercial purposes requires authorization and payment for use rights. This depends on the species, volumes, quantities, qualities and other parameters established by the regulation. The extraction and collection of products or specimens of forest flora for scientific purposes will require special authorization and regulation. 
Decree No. 97/1997 (Regulation that implements the Forest Law Nº1/1997)- Section III-A, Privately owned forests:
For official recognition by the forest administration of a privately owned forest, it is mandatory that the property title of the privately owned forest be presented (Article 23). Article 24 establishes that any individual who wishes to make commercial use of a privately owned forest must have an Harvesting permit (Autorización de Apeo) granted by the Director General of Forest Harvesting and Timber Commercialization in the case of the insular region, and by the Regional Delegation of the Ministry of Fishery and Water Resources for the continental region. This Harvesting permit (Autorización de Apeo) must include information about the species and the approximate volume to be logged; to this end, the forest administration will designate a technical expert to identify the trees to be harvested. In Article 25, it is specified that – in order to obtain the Harvesting permit (Autorización de Apeo) – the applicant who wants to use trees in his or her own privately owned forest must provide the following:
a)    Title of property of the privately owned forest;
b)    Chainsaw registration;
c)    Technical report on the existence of commercial trees in the privately owned forest;
d)    Authorization of sale, if the timber appeal relates to local sales.

In the case of physical or legal persons who wish to use trees in other people’s privately owned forest plots (Article 26), it is necessary to have a tree purchasing contract for the standing trees in the privately owned forest, co-signed by the owners. This contract must be approved by the Director General of Forest Harvesting and Timber Commercialization in the insular region and the Regional Delegation of the responsible ministry for the continental region. To obtain this approval, the owner of the forest parcel must attach the relevant Harvesting permit (Autorización de Apeo). 

According to Article 27, Harvesting permit (Autorización de Apeo) in privately owned forests will be valid for three months from the date of issue. In Harvesting permit (Autorización de Apeo), the following information is considered mandatory:
•    Identity of the owner of the privately owned forest;
•    Exact location of the area;
•    Dates of Harvesting permit issue and expiry;
•    A guarantee of conservation and recovery of the forest;
•    Species to be harvested and their diameters. 
Section III-B, Communal forests:
In Article 33, it is established that harvesting of communal forests may be carried out only with the prior authorization of the responsible ministry, at the request of the community in question, provided that the use benefits favour the  community. Prior to being able to request Harvesting permit the village must have a certificate of recognition of the communal forest, in which the right of use is granted to the village (Article 30).
To obtain Harvesting permit of a communal forest, the beneficiary community must provide the following documentation (Article 34):
a)    Request addressed to the responsible minister, clearly stating the justification for harvesting of the communal forest, with such request signed by the community representative;
b)    A list of priority works for the community, agreed and signed by the members of the council.
If the forest use is by a company (Article 35), the corresponding Harvesting Permit – signed by both the company and the village council – will also be attached, and will be endorsed by the forest administration for monitoring purposes.

Article 36 states that the responsible ministry will issue Harvesting permit of use for communal forests after a satisfactory analysis of the documentation submitted; and a verification inspection in the proposed harvesting area. These Harvesting permits will be valid for one year from the date of issue. The following information is considered mandatory:
•    Identity of the beneficiary community of the communal forest;
•    Exact location of the area;
•    Dates of Harvesting permit issue and expiry;
•    Harvesting conditions that guarantee the conservation and recovery of the forest.
Section III-C, national forests: 
Forest use in national forests is carried out through Forest Harvesting Lease Agreements (CAAF) (Article 41). The legal requirements necessary in this context—— have been explained in indicator 1.2 Concession Licenses, so they are not repeated in this indicator.
Protected species: Special permits 
Article 60. Due to their artisanal value and rarity in the national territory, harvesting of the species oveng (bubinga) or Guibourtia tessmannii, envila (ebano) or Diospyros crassiflora and nsonso (wengue) or Milletia laurentii, requires special Harvesting permit granted by the responsible ministry. It is prohibited to export roundwood or sawn timber of these species.

Article 61. Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, Asia (Ozigo) and adjab (moabi) species are excluded from this ban. but, these species can only be harvested when Harvesting permit is granted by the MGMBA, and only when the company has justified the species’ abundant existence within the harvest area. 
Ministerial Order No. 1/2011, dated 31 April, regulating the use of chainsaws in timber harvesting activities in the forests of Equatorial Guinea.
Article 1. Throughout the country, the use of chainsaws in timber harvesting activities for commercial purposes is prohibited without prior authorization from the forest administration.
Article 2. For the extraction of timber with the use of chainsaws indicated in the preceding Article, those who are interested must have authorization for use issued by the forest administration.

On 30 November 2016, a Ministerial Order was issued such that authorization of harvesting from different forest types, throughout the national scope, was cancelled for all purposes, and for all subsequent renewals.

In 2017, a series of Presidential Decrees (Nº7/ 2017), Ministerial Orders (Nº 2/2017 and Nº 4/2017), Ministerial Resolution (Nº1375 / 2017) and Decisions of the Vice Presidency and Presidential Resolution (nº017) -7.931-010) were approved. This serie of Regulations prohibits the felling of trees for commercial purposes by chainsaw operators, and annuled all harvesting permits granted up previously to that moment for timber harvesting in Forest Concessions (National Forests), privately-owned Forests, and Communal Forests. From that moment It is required that all authorizations must be renewed in the Presidency of the Republic. Therefore, at this time in Equatorial Guinea, only those authorizations issued by the Presidency of the Government, after the date of November 24, 2017, are valid. 
The formal permission to cut wood in the different forests: Privately-owned forests, Communal Forests and National Forests, should be granted by the Presidency of the Government (president of the Republic), and the process of processing the file of this nature will be promoted through the Ministry of Forests and Environment. Forest harvesting in Privately-owned Forest, or in Communal Forests is carried out through Harvesting permits(Autorización de apeo) granted to the owners of the land, and in the case of exploitation by an external company, wood purchase-sale contracts between the forest owner and the logging company.
 
Legally required documents
  • Authorization of local sale
  • Certificate from the village council
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Chainsaw registry
  • Forest Harvesting Lease Agreement (CAAF)
  • Justification for harvesting, signed by the community representative
  • Measurement plans
  • Request addressed to the Regional Delegation
  • Technical information about the commercial trees in the forest area
  • Testimony report from the government
  • Tree purchasing contracts signed with the owner of the forest, with the approval of the Forest Harvesting and Timber Commercialization (DGEFIM) Regional Delegation in the continental region
  • Harvesting permit (Autorización de Apeo)
  • Measurement Certificate (Certificado de medición)
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-09-23 Harvesting Permits for Community Forests are Awarded Without the Required Documents or Without Complete Evaluation by the Authorities.  Specified RISK
In many cases for communal forests, there was no corresponding certificate of recognition of the communal forest presented to obtain the logging license. The situation was observed and reported during forest inspections. It is due to companies – which accompany village councils in the process to obtain the authorization – being reluctant to wait for the documentation to be processed. As a consequence, the government cancelled all the authoriz... VIEW MORE

In many cases for communal forests, there was no corresponding certificate of recognition of the communal forest presented to obtain the logging license. The situation was observed and reported during forest inspections. It is due to companies – which accompany village councils in the process to obtain the authorization – being reluctant to wait for the documentation to be processed. As a consequence, the government cancelled all the authorizations issued by the responsible ministry (MAGBMA, Ministerial Order, 2016).

The proliferation of illegal logging without special authorization for timber harvesting with chainsaws: Most chainsaw operators establish verbal and payable contracts with the presidents of village councils. Considering the lack of resources to cover all production areas, enforcement of the law is difficult. However, following annual field inspections, the forestry administration is aware of the existence and cause of such illegal logging, especially in communal forests and privately owned forests (MAGBMA, 2018a and MAGBMA, 2018b).

The increase in illegal exploitation of the Bubinga species (Guibourtia tessmannii), and other protected species which are prohibited from being logged without special authorization. Field inspection reports show there are companies with mobile sawmills that log the banned species, processing into boards for export (MAGBMA, 2015).

Logging of species with smaller diameters than those authorized. It is a habitual practice of the companies when the species is very economically valuable. Sometimes it occurs due to poor training of company workers, who are unaware of the minimum operating diameters. In many inspections, there are species with diameters smaller than the authorized ones (MAGBMA, 2018).

Logging of species within protected areas. Many companies log up to protected areas, with large diameter trees, without any authorization. Companies enter forest tracks and open camp. The protected areas of Rio Campo and Piedra Bere have suffered such clandestine exploitation (MAGBMA, 2018).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
Risk mitigation options
Document verificationField verification
1
Verify Harvesting permit (Autorización de Apeo)
Verify that a harvesting permit is in place, is granted by DGEFIM and signed by the President of the Republic. Verify the date (valid 1 year from the date of issue)
2
Verify Certificate of recognition of the communal forest (signed by the President of th
Verify that the documents is included in the Harvesting Permit
3
Verify Testimony report from the government
Verify that the documents is included in the Harvesting Permit
4
Verify Request to MAGBMA (stating the justification for harvesting of the communal fore
Verify that the documents is included in the Harvesting Permit
5
Verify List of priority works (Listado de Obras Sociales) for the community, agreed and
Verify that the documents is included in the Harvesting Permit
6
Verify request addressed to the responsible minister - ensure the documentation is complete prior to issuing the permit
Ensure the documentation is complete prior to issuing the Harvesting permit. Request should clearly state the justification for harvesting of the communal forest, with such request signed by the community representative.
7
Visit Logging area
Verify and cross-check that information on Harvest Permit boundaries as included in the Measurement Certificate correspond with information on the ground.
8
Verify Measurement certificate (forest delimitation certificate)
Verify and cross-check that information on Harvest Permit boundaries as included in the Measurement Certificate correspond with information on the ground.
Description of legal requirements
Harvesting permit shall be granted following the required process and documentation
VIEW MORE
Law No. 1/1997, dated 18 February, Law on the Use and Management of Forests in Equatorial Guinea.
Article 12 establishes  three types of forests where it is possible commercial logging in Equatorial Guinea, and for which the law requires logging permits or other legal documents: Article12 indicates:The Forest Production Domain is made up of:
a) Privately owned forests: Which are small areas of natural or repopulated forests, located within the boundaries of silvo-agricultural or rustic farms, and for whose use a logging authorization granted by the Forest Administration is required.
b) Communal Forests: Which are the surfaces of natural or repopulated forests that the State recognizes, delimits and grants in permanent use assignment to rural communities, due to their traditional uses; these forests must be adjacent to the community.
c) National Forests: Which are those areas of natural or repopulated forests, which the state reserves for itself, being able to take advantage of them directly and exclusively or through third parties with economic capacity for the extraction, transformation and export of wood.
Article 18 establishes that all extraction, harvesting or collection of natural plant products  – by any means – for commercial purposes requires authorization and payment for use rights. This depends on the species, volumes, quantities, qualities and other parameters established by the regulation. The extraction and collection of products or specimens of forest flora for scientific purposes will require special authorization and regulation. 
Decree No. 97/1997 (Regulation that implements the Forest Law Nº1/1997)- Section III-A, Privately owned forests:
For official recognition by the forest administration of a privately owned forest, it is mandatory that the property title of the privately owned forest be presented (Article 23). Article 24 establishes that any individual who wishes to make commercial use of a privately owned forest must have an Harvesting permit (Autorización de Apeo) granted by the Director General of Forest Harvesting and Timber Commercialization in the case of the insular region, and by the Regional Delegation of the Ministry of Fishery and Water Resources for the continental region. This Harvesting permit (Autorización de Apeo) must include information about the species and the approximate volume to be logged; to this end, the forest administration will designate a technical expert to identify the trees to be harvested. In Article 25, it is specified that – in order to obtain the Harvesting permit (Autorización de Apeo) – the applicant who wants to use trees in his or her own privately owned forest must provide the following:
a)    Title of property of the privately owned forest;
b)    Chainsaw registration;
c)    Technical report on the existence of commercial trees in the privately owned forest;
d)    Authorization of sale, if the timber appeal relates to local sales.

In the case of physical or legal persons who wish to use trees in other people’s privately owned forest plots (Article 26), it is necessary to have a tree purchasing contract for the standing trees in the privately owned forest, co-signed by the owners. This contract must be approved by the Director General of Forest Harvesting and Timber Commercialization in the insular region and the Regional Delegation of the responsible ministry for the continental region. To obtain this approval, the owner of the forest parcel must attach the relevant Harvesting permit (Autorización de Apeo). 

According to Article 27, Harvesting permit (Autorización de Apeo) in privately owned forests will be valid for three months from the date of issue. In Harvesting permit (Autorización de Apeo), the following information is considered mandatory:
•    Identity of the owner of the privately owned forest;
•    Exact location of the area;
•    Dates of Harvesting permit issue and expiry;
•    A guarantee of conservation and recovery of the forest;
•    Species to be harvested and their diameters. 
Section III-B, Communal forests:
In Article 33, it is established that harvesting of communal forests may be carried out only with the prior authorization of the responsible ministry, at the request of the community in question, provided that the use benefits favour the  community. Prior to being able to request Harvesting permit the village must have a certificate of recognition of the communal forest, in which the right of use is granted to the village (Article 30).
To obtain Harvesting permit of a communal forest, the beneficiary community must provide the following documentation (Article 34):
a)    Request addressed to the responsible minister, clearly stating the justification for harvesting of the communal forest, with such request signed by the community representative;
b)    A list of priority works for the community, agreed and signed by the members of the council.
If the forest use is by a company (Article 35), the corresponding Harvesting Permit – signed by both the company and the village council – will also be attached, and will be endorsed by the forest administration for monitoring purposes.

Article 36 states that the responsible ministry will issue Harvesting permit of use for communal forests after a satisfactory analysis of the documentation submitted; and a verification inspection in the proposed harvesting area. These Harvesting permits will be valid for one year from the date of issue. The following information is considered mandatory:
•    Identity of the beneficiary community of the communal forest;
•    Exact location of the area;
•    Dates of Harvesting permit issue and expiry;
•    Harvesting conditions that guarantee the conservation and recovery of the forest.
Section III-C, national forests: 
Forest use in national forests is carried out through Forest Harvesting Lease Agreements (CAAF) (Article 41). The legal requirements necessary in this context—— have been explained in indicator 1.2 Concession Licenses, so they are not repeated in this indicator.
Protected species: Special permits 
Article 60. Due to their artisanal value and rarity in the national territory, harvesting of the species oveng (bubinga) or Guibourtia tessmannii, envila (ebano) or Diospyros crassiflora and nsonso (wengue) or Milletia laurentii, requires special Harvesting permit granted by the responsible ministry. It is prohibited to export roundwood or sawn timber of these species.

Article 61. Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, Asia (Ozigo) and adjab (moabi) species are excluded from this ban. but, these species can only be harvested when Harvesting permit is granted by the MGMBA, and only when the company has justified the species’ abundant existence within the harvest area. 
Ministerial Order No. 1/2011, dated 31 April, regulating the use of chainsaws in timber harvesting activities in the forests of Equatorial Guinea.
Article 1. Throughout the country, the use of chainsaws in timber harvesting activities for commercial purposes is prohibited without prior authorization from the forest administration.
Article 2. For the extraction of timber with the use of chainsaws indicated in the preceding Article, those who are interested must have authorization for use issued by the forest administration.

On 30 November 2016, a Ministerial Order was issued such that authorization of harvesting from different forest types, throughout the national scope, was cancelled for all purposes, and for all subsequent renewals.

In 2017, a series of Presidential Decrees (Nº7/ 2017), Ministerial Orders (Nº 2/2017 and Nº 4/2017), Ministerial Resolution (Nº1375 / 2017) and Decisions of the Vice Presidency and Presidential Resolution (nº017) -7.931-010) were approved. This serie of Regulations prohibits the felling of trees for commercial purposes by chainsaw operators, and annuled all harvesting permits granted up previously to that moment for timber harvesting in Forest Concessions (National Forests), privately-owned Forests, and Communal Forests. From that moment It is required that all authorizations must be renewed in the Presidency of the Republic. Therefore, at this time in Equatorial Guinea, only those authorizations issued by the Presidency of the Government, after the date of November 24, 2017, are valid. 
The formal permission to cut wood in the different forests: Privately-owned forests, Communal Forests and National Forests, should be granted by the Presidency of the Government (president of the Republic), and the process of processing the file of this nature will be promoted through the Ministry of Forests and Environment. Forest harvesting in Privately-owned Forest, or in Communal Forests is carried out through Harvesting permits(Autorización de apeo) granted to the owners of the land, and in the case of exploitation by an external company, wood purchase-sale contracts between the forest owner and the logging company.
 
Legally required documents
  • Authorization of local sale
  • Certificate from the village council
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Chainsaw registry
  • Forest Harvesting Lease Agreement (CAAF)
  • Justification for harvesting, signed by the community representative
  • Measurement plans
  • Request addressed to the Regional Delegation
  • Technical information about the commercial trees in the forest area
  • Testimony report from the government
  • Tree purchasing contracts signed with the owner of the forest, with the approval of the Forest Harvesting and Timber Commercialization (DGEFIM) Regional Delegation in the continental region
  • Harvesting permit (Autorización de Apeo)
  • Measurement Certificate (Certificado de medición)
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-09-23 Illegal Logging Done Through Verbal Agreements Between Chainsaw Operators and Villages or Individual Owners  Specified RISK
In privately owned forests, many nationals obtain logging authorizations without privately owned forest property title. Property registry is often requested as a precondition to obtain the logging authorization, and secured. As a result, the government prohibited the use of forest authorizations by the Ministry for Agriculture, Livestock, Forests and the Environment, restricting this to the President of the Republic (President of the Republic, De... VIEW MORE

In privately owned forests, many nationals obtain logging authorizations without privately owned forest property title. Property registry is often requested as a precondition to obtain the logging authorization, and secured. As a result, the government prohibited the use of forest authorizations by the Ministry for Agriculture, Livestock, Forests and the Environment, restricting this to the President of the Republic (President of the Republic, Decree No. 7/2017).

In many cases for communal forests, there was no corresponding certificate of recognition of the communal forest presented to obtain the logging license. The situation was observed and reported during forest inspections. It is due to companies – which accompany village councils in the process to obtain the authorization – being reluctant to wait for the documentation to be processed. As a consequence, the government cancelled all the authorizations issued by the responsible ministry (MAGBMA, Ministerial Order, 2016).

The proliferation of illegal logging without special authorization for timber harvesting with chainsaws: Most chainsaw operators establish verbal and payable contracts with the presidents of village councils. Considering the lack of resources to cover all production areas, enforcement of the law is difficult. However, following annual field inspections, the forestry administration is aware of the existence and cause of such illegal logging, especially in communal forests and privately owned forests (MAGBMA, 2018a and MAGBMA, 2018b).

The increase in illegal exploitation of the Bubinga species (Guibourtia tessmannii), and other protected species which are prohibited from being logged without special authorization. Field inspection reports show there are companies with mobile sawmills that log the banned species, processing into boards for export (MAGBMA, 2015).

Logging of species with smaller diameters than those authorized. It is a habitual practice of the companies when the species is very economically valuable. Sometimes it occurs due to poor training of company workers, who are unaware of the minimum operating diameters. In many inspections, there are species with diameters smaller than the authorized ones (MAGBMA, 2018).

Logging of species within protected areas. Many companies log up to protected areas, with large diameter trees, without any authorization. Companies enter forest tracks and open camp. The protected areas of Rio Campo and Piedra Bere have suffered such clandestine exploitation (MAGBMA, 2018).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Harvesting permit (Autorización de Apeo)
Verify that chainsaw loggers have an approved Harvesting Permit appropriately processed by MAGBMA and signed by the President of the Republic. Review the application records of Harvesting permit to verify that the legal required procedure has been followed, and the records include the required legal documents
2
Consult Forest Administration
Consult to verify that the Harvesting Permit for chainsaw operations has been granted in compliance with the legal requirements.
Description of legal requirements
Harvesting permit for the use of chainsaws shall be in place
VIEW MORE
Law No. 1/1997, dated 18 February, Law on the Use and Management of Forests in Equatorial Guinea.
Article 12 establishes  three types of forests where it is possible commercial logging in Equatorial Guinea, and for which the law requires logging permits or other legal documents: Article12 indicates:The Forest Production Domain is made up of:
a) Privately owned forests: Which are small areas of natural or repopulated forests, located within the boundaries of silvo-agricultural or rustic farms, and for whose use a logging authorization granted by the Forest Administration is required.
b) Communal Forests: Which are the surfaces of natural or repopulated forests that the State recognizes, delimits and grants in permanent use assignment to rural communities, due to their traditional uses; these forests must be adjacent to the community.
c) National Forests: Which are those areas of natural or repopulated forests, which the state reserves for itself, being able to take advantage of them directly and exclusively or through third parties with economic capacity for the extraction, transformation and export of wood.
Article 18 establishes that all extraction, harvesting or collection of natural plant products  – by any means – for commercial purposes requires authorization and payment for use rights. This depends on the species, volumes, quantities, qualities and other parameters established by the regulation. The extraction and collection of products or specimens of forest flora for scientific purposes will require special authorization and regulation. 
Decree No. 97/1997 (Regulation that implements the Forest Law Nº1/1997)- Section III-A, Privately owned forests:
For official recognition by the forest administration of a privately owned forest, it is mandatory that the property title of the privately owned forest be presented (Article 23). Article 24 establishes that any individual who wishes to make commercial use of a privately owned forest must have an Harvesting permit (Autorización de Apeo) granted by the Director General of Forest Harvesting and Timber Commercialization in the case of the insular region, and by the Regional Delegation of the Ministry of Fishery and Water Resources for the continental region. This Harvesting permit (Autorización de Apeo) must include information about the species and the approximate volume to be logged; to this end, the forest administration will designate a technical expert to identify the trees to be harvested. In Article 25, it is specified that – in order to obtain the Harvesting permit (Autorización de Apeo) – the applicant who wants to use trees in his or her own privately owned forest must provide the following:
a)    Title of property of the privately owned forest;
b)    Chainsaw registration;
c)    Technical report on the existence of commercial trees in the privately owned forest;
d)    Authorization of sale, if the timber appeal relates to local sales.

In the case of physical or legal persons who wish to use trees in other people’s privately owned forest plots (Article 26), it is necessary to have a tree purchasing contract for the standing trees in the privately owned forest, co-signed by the owners. This contract must be approved by the Director General of Forest Harvesting and Timber Commercialization in the insular region and the Regional Delegation of the responsible ministry for the continental region. To obtain this approval, the owner of the forest parcel must attach the relevant Harvesting permit (Autorización de Apeo). 

According to Article 27, Harvesting permit (Autorización de Apeo) in privately owned forests will be valid for three months from the date of issue. In Harvesting permit (Autorización de Apeo), the following information is considered mandatory:
•    Identity of the owner of the privately owned forest;
•    Exact location of the area;
•    Dates of Harvesting permit issue and expiry;
•    A guarantee of conservation and recovery of the forest;
•    Species to be harvested and their diameters. 
Section III-B, Communal forests:
In Article 33, it is established that harvesting of communal forests may be carried out only with the prior authorization of the responsible ministry, at the request of the community in question, provided that the use benefits favour the  community. Prior to being able to request Harvesting permit the village must have a certificate of recognition of the communal forest, in which the right of use is granted to the village (Article 30).
To obtain Harvesting permit of a communal forest, the beneficiary community must provide the following documentation (Article 34):
a)    Request addressed to the responsible minister, clearly stating the justification for harvesting of the communal forest, with such request signed by the community representative;
b)    A list of priority works for the community, agreed and signed by the members of the council.
If the forest use is by a company (Article 35), the corresponding Harvesting Permit – signed by both the company and the village council – will also be attached, and will be endorsed by the forest administration for monitoring purposes.

Article 36 states that the responsible ministry will issue Harvesting permit of use for communal forests after a satisfactory analysis of the documentation submitted; and a verification inspection in the proposed harvesting area. These Harvesting permits will be valid for one year from the date of issue. The following information is considered mandatory:
•    Identity of the beneficiary community of the communal forest;
•    Exact location of the area;
•    Dates of Harvesting permit issue and expiry;
•    Harvesting conditions that guarantee the conservation and recovery of the forest.
Section III-C, national forests: 
Forest use in national forests is carried out through Forest Harvesting Lease Agreements (CAAF) (Article 41). The legal requirements necessary in this context—— have been explained in indicator 1.2 Concession Licenses, so they are not repeated in this indicator.
Protected species: Special permits 
Article 60. Due to their artisanal value and rarity in the national territory, harvesting of the species oveng (bubinga) or Guibourtia tessmannii, envila (ebano) or Diospyros crassiflora and nsonso (wengue) or Milletia laurentii, requires special Harvesting permit granted by the responsible ministry. It is prohibited to export roundwood or sawn timber of these species.

Article 61. Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, Asia (Ozigo) and adjab (moabi) species are excluded from this ban. but, these species can only be harvested when Harvesting permit is granted by the MGMBA, and only when the company has justified the species’ abundant existence within the harvest area. 
Ministerial Order No. 1/2011, dated 31 April, regulating the use of chainsaws in timber harvesting activities in the forests of Equatorial Guinea.
Article 1. Throughout the country, the use of chainsaws in timber harvesting activities for commercial purposes is prohibited without prior authorization from the forest administration.
Article 2. For the extraction of timber with the use of chainsaws indicated in the preceding Article, those who are interested must have authorization for use issued by the forest administration.

On 30 November 2016, a Ministerial Order was issued such that authorization of harvesting from different forest types, throughout the national scope, was cancelled for all purposes, and for all subsequent renewals.

In 2017, a series of Presidential Decrees (Nº7/ 2017), Ministerial Orders (Nº 2/2017 and Nº 4/2017), Ministerial Resolution (Nº1375 / 2017) and Decisions of the Vice Presidency and Presidential Resolution (nº017) -7.931-010) were approved. This serie of Regulations prohibits the felling of trees for commercial purposes by chainsaw operators, and annuled all harvesting permits granted up previously to that moment for timber harvesting in Forest Concessions (National Forests), privately-owned Forests, and Communal Forests. From that moment It is required that all authorizations must be renewed in the Presidency of the Republic. Therefore, at this time in Equatorial Guinea, only those authorizations issued by the Presidency of the Government, after the date of November 24, 2017, are valid. 
The formal permission to cut wood in the different forests: Privately-owned forests, Communal Forests and National Forests, should be granted by the Presidency of the Government (president of the Republic), and the process of processing the file of this nature will be promoted through the Ministry of Forests and Environment. Forest harvesting in Privately-owned Forest, or in Communal Forests is carried out through Harvesting permits(Autorización de apeo) granted to the owners of the land, and in the case of exploitation by an external company, wood purchase-sale contracts between the forest owner and the logging company.
 
Legally required documents
  • Authorization of local sale
  • Certificate from the village council
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Chainsaw registry
  • Forest Harvesting Lease Agreement (CAAF)
  • Justification for harvesting, signed by the community representative
  • Measurement plans
  • Request addressed to the Regional Delegation
  • Technical information about the commercial trees in the forest area
  • Testimony report from the government
  • Tree purchasing contracts signed with the owner of the forest, with the approval of the Forest Harvesting and Timber Commercialization (DGEFIM) Regional Delegation in the continental region
  • Harvesting permit (Autorización de Apeo)
  • Measurement Certificate (Certificado de medición)
Applicable legislation
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1.5 Payment of royalties and harvesting fees
Last updated on 2022-09-23 Evasion of Payments of Forest Occupation Fees, Conservation Fees, and Compensation Fees  Specified RISK
•    The limited knowledge of the laws by companies and forest administration results in their paying repealed rates. Currently, Law No. 2/2007 was repealed by Law No. 10/2017; however, this derogation was made without taking into account forestry fees, which were not included in the new law. That is why today, since the forestry sector cannot be left without the application of any fees, the rates established in Law 2/2007 are still used (MA... VIEW MORE•    The limited knowledge of the laws by companies and forest administration results in their paying repealed rates. Currently, Law No. 2/2007 was repealed by Law No. 10/2017; however, this derogation was made without taking into account forestry fees, which were not included in the new law. That is why today, since the forestry sector cannot be left without the application of any fees, the rates established in Law 2/2007 are still used (MAGBMA, 2017; and Boletín Oficial del Estado, 2017). There is a risk that the confusion created by a inconsistent legal framework may result in payment of taxes other than those that are legally required.
•    Many companies do not pay the forest occupation fee, as well as the conservation and compensation fees; and most companies sell wood and do not ask for documents facilitating payment of occupation and the associated fees. The companies that export are those that pay for the requirement of economic solvency for their export file (MAGBMA, 2017).
•    Submission of false volumes to the administration to reduce the amounts paid in conservation and compensation fees. As a risk, this is related to the lack of control of forest harvesting activity. The company – when informing the administration of its monthly production – may provide lower production figures and thus avoid meeting its full obligations (MAGBMA, 2014).
 
References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verification
1
Verify Forest tax solvency
Check that Forest occupation and compensation fees are paid. Cross-check proof of taxes payments with the taxes payment requirements, to verify adequate levels of payment and that all payments have been paid to the State.
2
Verify Proof of Payment of Conservation fee
Cross-check proof of taxes payments with the taxes payment requirements, to verify adequate levels of payment and that all payments have been paid to the State.
Description of legal requirements
Forest occupation, conservation and compensation fees shall be paid.
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After the publication of Law No. 10/2017, dated 20 November, by which Law No. 2/2007 dated 16 May, was revised and updated; and by which new tax rates were established and parafiscal levies were defined in the Republic of Equatorial Guinea, the previous Law No. 2/2007 was repealed. However, this derogation has not been applied in practice in the forestry sector. This is because the new law (Nº10/2017) does not include fees related to the forestry sector (forest harvesting or timber processing), so the tax rates that continue to apply to this sector are those established by Law No. 2/2007 in the article  35., with the exception of the Conservation and Compensation Fees, for which the provisions of Law No. 1/1997 on the use and management of forests continue to apply (art40).
Article 14 (Law No. 10/2017): Use, exploitation and management of forest resources in natural and reafforested forest (forest occupation fee) is taxed. This is paid annually per hectare and per the occupied area.

Article 15 (Law No. 10/2017): Individuals or legal persons are obliged to pay fees, for the use and harvesting of forest resources and wild flora.

In Article 35 (Law No. 2/2007), the general table of taxes or fees by sector is shown, which includes those applicable to the forestry sector:

Forest Service Taxes
•    Forest company registration (200.000 CFA for registration)
•    Forest occupation fee according to the production zones: Zone A: 2,000 CFA (Central African) francs per hectare per year, Zone B: 1,500 CFA francs per hectare per year, and Zone C: 1,000 CFA francs per hectare per year.
•    Harvesting permit: 150,000 CFA francs for authorization.
•    Conservation fees: 25% of the value of the monthly production of each concessionis paid.
•    Compensation fees: 20% of the value of the monthly production of each concession is paid.
•    Penalty/export rate of roundwood (exempt for logs that are 60% or more processed]: and reduced by 50% for logs that are between 21% and 45% processed) Note: since 2018, the export of roundwood is prohibited, so this rate does not currently apply.
Authorisations and registries 
•    Authorization for domestic sales of wood within the country (“venta playa”): 850 CFA francs per cubic metre (paid on export).
•    Harvesting permit for tree harvesting on private rustic farms: 10,000 CFA francs per year.
•    Authorization to trade (purchase/sale) processed wood: 30,000 CFA francs per year.
•    Chainsaw registration for individuals: 5,000 CFA francs per year.
•    Chainsaw registration for forestry companies: 25,000 CFA francs per year.
•    Harvesting permit for cabinetry or construction of dugout canoes: 5,000 CFA francs per tree.
•    Authorization to use wood in industries: 25,000 CFA francs per year.
•    Authorization of use of wood for firewood in businesses: 10,000 CFA francs.

Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 40.-During the harvesting of the forest granted, the logging company and depending on the cubic meters cut, will pay monthly fees corresponding to the following concepts: 
a) Conservation Fee: To consolidate efforts to conserve forest resources, 50% of the standing value of felled timber will be paid, and will be entered into the Public Treasury. 
b) Compensation Fee: For the recovery of the young species, 30% of the standing value of the felled timber will be paid and it will be paid to the Public Treasury.

Article 78 The Ministry  responsible will periodically fix the prices of forest products in their natural state to be extracted from the wild flora.
Article 80.- In order to promote and carry out the control of wood, the Office of Control, Information and Promotion of Forest Species (OCIPEF- Oficina de Control, Información y Promoción de las Especies Forestales) will function as a dependency of the Ministry responsible at that moment. For the financing of OCIPEF activities, a rate is established in a percentage value on the FOB price of the wood for export and that will be entered into the FONADEFO account.
To summary, the most relevant applicable taxes related to timber harvesting and processing are the following: 
o    Forestry company registration: 200.000F.Cfas per record.
o    Forest Harvesting permit: 150,000 F.Cfas for an authorization.
o    Occupacy right payment (Derecho de Ocupación) (It is established by area and forest zone (A.-litoral, B.-central and C.-last zone): Zone A: 2,000 F. Cfas per hectare, Zone B: 1,500 F. Cfas per hectare and Zone C: 1,000 F.Cfas per hectare.
o    Conservation fee (Tasa de Conservación): 50% of the value of felled standing timber (during the exploitation of the forest granted, it will be entered into the public treasury on a monthly basis based on the cubic meters of felled timber)
o    Compensation fee (tasa de resarcimiento): 30% of the value of standing timber. (During the exploitation of the forest granted, it will be entered into public treasury on a monthly basis based on the cubic meters of timber felled).
o    Roundwood export / penalty rate (exempt for processed 60%) (note: since 2018, the export of roundwood is prohibited, so this rate does not apply at present)
Besides, specific taxes and fees related to different types of authorisations and registration within the timber harvesting, processing and trading sector are also established: i.e: payment for chainsaw registration, payment of rights for trading wood, payments for authorization of sale wood domestically (venta playa), etc…
 
Legally required documents
  • Bond commitment (right of occupation) to be paid to the Public Treasury
  • Economic solvency
  • Fee for authorization of domestic sales within the country (“Venta Playa”)
  • Fees for forest road construction (applicable to export)
  • Payment for authorization trading processed wood
  • Payment for chainsaw registration for companies
  • Payment for Harvesting permit
  • Payment for Harvesting permit of use of wood for firewood in business
  • Payment for Harvesting permit of use of wood in industries
  • Payment for the Harvesting permit in private rustic farms
  • Payment of compensation fee (Tasa de resarcimiento)
  • Payment of conservation fee (Tasa de conservación)
  • Payment of occupancy rights (Derecho de ocupación)
  • Payment per harvested tree (applicable to export)
  • Proof of payment of reforestation rate (applicable to export) (Tasa de repoblación Forestal)
  • Forest Tax Solvency (Solvencia Tributaria forestall)
Applicable legislation
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1.6 Value-added taxes and other sales taxes
Last updated on 2022-09-23 Timber Processing Industries Do Not Report Their Total Production to Avoid Paying Value-Added Tax (VAT)  Specified RISK
Wood processing industries must pay Value-Added Taxes (VAT) on their production to the final consumer. It is common occurrence that companies do not reveal their total production, to avoid total payment of said taxes. In other words, production numbers compiled by inspectors are provided by the companies and sometimes do not represent their monthly production or local commercialization – in an effort to reduce or impede the payment of value-ad... VIEW MORE

Wood processing industries must pay Value-Added Taxes (VAT) on their production to the final consumer. It is common occurrence that companies do not reveal their total production, to avoid total payment of said taxes. In other words, production numbers compiled by inspectors are provided by the companies and sometimes do not represent their monthly production or local commercialization – in an effort to reduce or impede the payment of value-added taxes (MAGBMA, 2017).

References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Purchase and sale invoices
Check that the purchase and sale invoices issued show 15% VAT
2
Verify VAT summary declarations
Verify that the declared VAT amount corresponds to the production data (sales) made by the company.
3
Verify Proof of VAT payment
Verify that the declared VAT amount corresponds to the production data (sales) made by the company.
4
Consult Forest Administration
Consult to verify that payment of the VAT has occurred as established by the tax law.
5
Consult Office of Control, Information and Promotion of Forest Species (OCIPEF)
Consult to verify that payment of the VAT has occurred as established by the tax law.
6
Consult Logging companies
Consult to verify that payment of the VAT has occurred as established by the tax law.
Description of legal requirements
VAT shall be paid according to the law. The purchase and sale of wood are subject to the general VAT rate of 15%.
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1.    Law No. 4/2004, on the tax regime in the Republic of Equatorial Guinea. 
Article 270: 
The value-added tax (VAT) is an indirect, multi-phase and general tax, which impacts consumption, taxing the typical and occasional turnover of entrepreneurs, professionals and industrialists. Through VAT, imported goods generated by companies, professionals and individuals are also taxed.

Article 271: 
The following are subject to VAT:
1)    The sale or onerous transaction of goods;
2)    The provision of services;
3)    Goods and services for one’s own consumption;
4)    Imported goods; 
5)    Other operations carried out by individuals in the scope of their business, professional and individual activities, including extractive operations of all kinds.

Article 294: 
The general VAT rate of 15% is applied to all taxable operations, excluding those that are subject to the zero rate and the reduced rate of 6%.
(Clarification: The purchase and sale of wood are subject to the general VAT rate of 15%.)

In Summary, all activities for the purchase and sale of goods or provision of services carried out within the territory of Equatorial Guinea, as well as imports, are subject to Value Added Tax (VAT). VAT is not applicable for export. The commercialization of forest products is governed by the general VAT rate, established at 15%.
 
Legally required documents
  • Reports of shipments of processed wood
  • Reports of wood production in forests
  • VAT receipts submitted to the Public Treasury
Applicable legislation
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1.7 Income and profit taxes
Last updated on 2022-09-23 Incorrect Income and Profit Taxes Payment Specified RISK
•    Relatively new products (examples: planks, plywood) need specific rates that have not yet been defined (MAGBMA, 2018b).•    Reduction in the volumes (leading to a lower overall wood price), and changes to quality details, as stated in invoice, so that the company pays less in taxes and fees, and consequently earns more. This type of risk (i.e. ‘re-cubing’ and reclassification) is promoted between the company and the administrat... VIEW MORE•    Relatively new products (examples: planks, plywood) need specific rates that have not yet been defined (MAGBMA, 2018b).
•    Reduction in the volumes (leading to a lower overall wood price), and changes to quality details, as stated in invoice, so that the company pays less in taxes and fees, and consequently earns more. This type of risk (i.e. ‘re-cubing’ and reclassification) is promoted between the company and the administration agents responsible for validating commercial invoices (MAGBMA, 2018a).
•    Use of repealed taxes to reduce the amounts paid in taxes and fees, due to the lack of legal instrument in force. Therefore, between the company and the responsible customs agents, the company can negotiate and set a minimum settlement for the State (MHEP, 2017).
•    Forest production companies are obliged to pay the Minimum Tax Fee (CMF), applicable to all such companies. The companies that export their products are obliged to pay the requisite fees (see, e.g. 1.5.3 above); however, there are many companies operating in forests and selling their wood to other companies, whose production is not registered in the city and, therefore, they do not pay the corresponding CMF (MAGBMA, 2017).
 
References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Reports of ‘re-cubing’ and reclassification of wood
Check during field verification. Prior to that, check the tax and fees rates in applicable legislation to confirm the current legal vacuum on forest rates
2
Verify Commercial invoice
Review of commercial invoices requesting the guides relating to the price list and species. Check that species classified in commercial invoices match the species listed in Forest Management Plan or Harvesting Permit
3
Verify Forest management plan
Check that species classified in commercial invoices match the species listed in Forest Management Plan
4
Verify Harvesting permit (Autorización de Apeo)
Check that species classified in commercial invoices match the species listed in Harvesting Permit
5
Verify CMF (Minimum Fiscal Fee)
Proof of CMF (Minimum Fiscal Fee) entered in the Public Treasury (should be provided by the company). Verify that the amount matches in the following databases: - in receipts by the officials at CMF and - the amount recorded in the Public Treasury an - actual turn-over
6
Consult Customs
Verify the accuracy of the documents delivered
7
Consult Logging companies
Verify the accuracy of the documents delivered
8
Consult Office of Control, Information and Promotion of Forest Species (OCIPEF)
Verify that the Minimum Fiscal Fee (CMF) is paid as established by the tax law.
9
Consult Forest Administration
Verify that the Minimum Fiscal Fee (CMF) is paid as established by the tax law.
10
Consult Treasury and National Forest Development Fund (FONADEFO)
Verify that the Minimum Fiscal Fee (CMF) is paid as established by the tax law.
Description of legal requirements
Income and profit taxes shall be paid according to the law.
VIEW MORE
According to Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea (Article 89, 90, 91, 93). In general, all economic activities carried out within the scope of the forestry sub-sector are governed by the national economic and taxation regime.
All forestry companies are obliged to keep their accountability records up to date and in accordance with the regulations established by the State. Companies should submit their annual balances (FOB and CIF) to the competent bodies, with a copy to the Ministry responsible of this topic in that moment. 
According to Law No. 4/2004, on the tax regime in the Republic of Equatorial Guinea. (Articles 145, 146, 147, 159, 167,168, 169, 170:
Income obtained by Companies and Societies that obtain economic benefits derived from activities carried out in Equatorial Guinea are subject to Corporation Tax. The corporate tax levy is generally set at 35% applied to the net benefits of economic activity. This must be paid once a year, based on the calculation made with respect to the previous year. A Statistical and Fiscal Declaration of the results of the operations in the period of the previous fiscal year must be presented within the four months following the end of the fiscal year.
The amount of Corporation Tax may not be less than 1% of the total turnover or income obtained during the preceding fiscal year. This amount is called the Minimum Tax Fee (CMF-Cuota minima Fiscal) Total invoicing is understood to be the amount of commercial, industrial or business operations carried out within the framework of the activities that constitute the corporate or business purpose. Regarding forestry companies, the amount of operations to be considered will be that obtained after deducting from the gross income, the costs of transporting the wood from the exploitation to the port of shipment. All national and foreign companies operating in Equatorial Guinea, whatever their legal form, are subject to the payment of the Minimum Tax Fee(CMF), which will not be less than the amount of 800,000 F. Cfa. The Minimum Tax Fee (CMF) will be reduced by 50% for production Cooperatives and for small national producers.
The Minimum Tax Fee (CMF) must be paid before the end of March of each year for companies. The copy of the proof of payment of the Minimum Tax Quota, issued by the Public Treasury of the State (Tesoro Público), will be obligatorily attached to the Statistical and Tax Declaration mentioned above. Failure to pay or late payment of the Minimum Tax Fee will be sanctioned with a 50% surcharge of the committed tax.
 
Legally required documents
  • Customs clearance to deposit funds to the bank accounts of the Treasury and National Forest Development Fund FONADEFO (Fondo Nacional de Desarollo Forestal)
  • Liquidation with the Economic Section of the Regional Delegation of the fees related to the rights of occupation, conservation and compensation fees, for domestic sales of wood within the country (“venta playa”)
  • List of fees according to Article 35 of Law No. 2/2007, dated 16 May, establishing new tax rates and defining parafiscal levies in the Republic of Equatorial Guinea.
  • Proof of Minimum Tax Fee entered in the Public Treasury
Applicable legislation
VIEW LESS
1.7 Income and profit taxes
Last updated on 2022-09-23 Evasion of Minimum Fiscal Fee (CMF) by Logging Companies  Specified RISK
•    Relatively new products (examples: planks, plywood) need specific rates that have not yet been defined (MAGBMA, 2018b).•    Reduction in the volumes (leading to a lower overall wood price), and changes to quality details, as stated in invoice, so that the company pays less in taxes and fees, and consequently earns more. This type of risk (i.e. ‘re-cubing’ and reclassification) is promoted between the company and the administrat... VIEW MORE•    Relatively new products (examples: planks, plywood) need specific rates that have not yet been defined (MAGBMA, 2018b).
•    Reduction in the volumes (leading to a lower overall wood price), and changes to quality details, as stated in invoice, so that the company pays less in taxes and fees, and consequently earns more. This type of risk (i.e. ‘re-cubing’ and reclassification) is promoted between the company and the administration agents responsible for validating commercial invoices (MAGBMA, 2018a).
•    Use of repealed taxes to reduce the amounts paid in taxes and fees, due to the lack of legal instrument in force. Therefore, between the company and the responsible customs agents, the company can negotiate and set a minimum settlement for the State (MHEP, 2017).
•    Forest production companies are obliged to pay the Minimum Tax Fee (CMF), applicable to all such companies. The companies that export their products are obliged to pay the requisite fees (see, e.g. 1.5.3 above); however, there are many companies operating in forests and selling their wood to other companies, whose production is not registered in the city and, therefore, they do not pay the corresponding CMF (MAGBMA, 2017).
 
References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Reports of ‘re-cubing’ and reclassification of wood
Check during field verification. Prior to that, check the tax and fees rates in applicable legislation to confirm the current legal vacuum on forest rates
2
Verify Commercial invoice
Review of commercial invoices requesting the guides relating to the price list and species. Check that species classified in commercial invoices match the species listed in Forest Management Plan or Harvesting Permit
3
Verify Forest management plan
Check that species classified in commercial invoices match the species listed in Forest Management Plan
4
Verify Harvesting permit (Autorización de Apeo)
Check that species classified in commercial invoices match the species listed in Harvesting Permit
5
Verify CMF (Minimum Fiscal Fee)
Proof of CMF (Minimum Fiscal Fee) entered in the Public Treasury (should be provided by the company). Verify that the amount matches in the following databases: - in receipts by the officials at CMF and - the amount recorded in the Public Treasury an - actual turn-over
6
Consult Customs
Verify the accuracy of the documents delivered
7
Consult Logging companies
Verify the accuracy of the documents delivered
8
Consult Office of Control, Information and Promotion of Forest Species (OCIPEF)
Verify that the Minimum Fiscal Fee (CMF) is paid as established by the tax law.
9
Consult Forest Administration
Verify that the Minimum Fiscal Fee (CMF) is paid as established by the tax law.
10
Consult Treasury and National Forest Development Fund (FONADEFO)
Verify that the Minimum Fiscal Fee (CMF) is paid as established by the tax law.
Description of legal requirements
Minimal Fiscal Fee shall be paid (1% of the turnover of the company for the previous fiscal year. This amount cannot be lower than XAF 800,000-even if the company does not generate any revenue).
VIEW MORE
According to Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea (Article 89, 90, 91, 93). In general, all economic activities carried out within the scope of the forestry sub-sector are governed by the national economic and taxation regime.
All forestry companies are obliged to keep their accountability records up to date and in accordance with the regulations established by the State. Companies should submit their annual balances (FOB and CIF) to the competent bodies, with a copy to the Ministry responsible of this topic in that moment. 
According to Law No. 4/2004, on the tax regime in the Republic of Equatorial Guinea. (Articles 145, 146, 147, 159, 167,168, 169, 170:
Income obtained by Companies and Societies that obtain economic benefits derived from activities carried out in Equatorial Guinea are subject to Corporation Tax. The corporate tax levy is generally set at 35% applied to the net benefits of economic activity. This must be paid once a year, based on the calculation made with respect to the previous year. A Statistical and Fiscal Declaration of the results of the operations in the period of the previous fiscal year must be presented within the four months following the end of the fiscal year.
The amount of Corporation Tax may not be less than 1% of the total turnover or income obtained during the preceding fiscal year. This amount is called the Minimum Tax Fee (CMF-Cuota minima Fiscal) Total invoicing is understood to be the amount of commercial, industrial or business operations carried out within the framework of the activities that constitute the corporate or business purpose. Regarding forestry companies, the amount of operations to be considered will be that obtained after deducting from the gross income, the costs of transporting the wood from the exploitation to the port of shipment. All national and foreign companies operating in Equatorial Guinea, whatever their legal form, are subject to the payment of the Minimum Tax Fee(CMF), which will not be less than the amount of 800,000 F. Cfa. The Minimum Tax Fee (CMF) will be reduced by 50% for production Cooperatives and for small national producers.
The Minimum Tax Fee (CMF) must be paid before the end of March of each year for companies. The copy of the proof of payment of the Minimum Tax Quota, issued by the Public Treasury of the State (Tesoro Público), will be obligatorily attached to the Statistical and Tax Declaration mentioned above. Failure to pay or late payment of the Minimum Tax Fee will be sanctioned with a 50% surcharge of the committed tax.
 
Legally required documents
  • Customs clearance to deposit funds to the bank accounts of the Treasury and National Forest Development Fund FONADEFO (Fondo Nacional de Desarollo Forestal)
  • Liquidation with the Economic Section of the Regional Delegation of the fees related to the rights of occupation, conservation and compensation fees, for domestic sales of wood within the country (“venta playa”)
  • List of fees according to Article 35 of Law No. 2/2007, dated 16 May, establishing new tax rates and defining parafiscal levies in the Republic of Equatorial Guinea.
  • Proof of Minimum Tax Fee entered in the Public Treasury
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Logging of Forest Stands Prior to the Required 25 Years Rotation Cycle  Specified RISK
According to Forest legislation (Law No. 1/1997-art 53), forests and concessions must recover for 25 years following harvest. However, many Asian and Guinean companies enter a forest area in search of wood to be cut and present to the buyer, regardless of whether other companies (previous concessionaires) had previously harvest the area. As a result the forest area does not recover as planned.... VIEW MORE

According to Forest legislation (Law No. 1/1997-art 53), forests and concessions must recover for 25 years following harvest. However, many Asian and Guinean companies enter a forest area in search of wood to be cut and present to the buyer, regardless of whether other companies (previous concessionaires) had previously harvest the area. As a result the forest area does not recover as planned.

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Visits to the forest area to verify if the area is regenerating and if selective cutting was done. Ensuring the company harvests only species with a commercial interest on that moment, and all logs meet minimum diameter requirements
2
Verify Transport guide (Guía de Transporte)

To be checked during field verification.

Transport Guide to identify if transported to the port, to verify if the species and the minimum diameters are transported.

3
Consult Forest company
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
4
Consult Forest Administration
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
5
Consult Local villages authorities
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
Description of legal requirements
Forests must recover for 25 years following harvest
VIEW MORE

Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, , 53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels, such that compliance with sustainable forest management standards is ensured.. 

Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:

a.   Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;

b.   Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;

c.   Agriculture and forestry councilors who work in close collaboration, at the village level, with the special Forest Guard Corp;

d.   All Guineans will ensure the protection and conservation of the forest, and report any offences that they detect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:

a.   A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;

b.   A forest delimitation certificate for the area to be harvested, granted by the forest administration;

c.   Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;

d.   In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;

e.   Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 

Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling Diameters at Breast Height (DBH) of 1.30m are set as follows:

a.   First group: The following species minimum diameter 60 cm.

b.   Second group: The following species minimum diameter 80 cm.

c.   Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species Oveng (Bubinga), Envila (Ebano) (Diospyros ebenum) and Nsonso (Wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).

Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Risk of Not Conducting Selective Cutting when Harvesting  Specified RISK
Selective cutting is not implemented by all companies. In general, big companies implement selective logging, harvesting only those species and quantities of timber according to their needs. However, Chinese and Guinean companies in particular harvest all timber species, and show them to the potential buyer to select those of interest. This is a problem that leads to abandonment of already logged, non-marketable species timber.... VIEW MORE

Selective cutting is not implemented by all companies. In general, big companies implement selective logging, harvesting only those species and quantities of timber according to their needs. However, Chinese and Guinean companies in particular harvest all timber species, and show them to the potential buyer to select those of interest. This is a problem that leads to abandonment of already logged, non-marketable species timber.

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Visits to the forest area to verify if the area is regenerating and if selective cutting was done. Ensuring the company harvests only species with a commercial interest on that moment, and all logs meet minimum diameter requirements
2
Verify Transport guide (Guía de Transporte)

To be checked during field verification.

Transport Guide to identify if transported to the port, to verify if the species and the minimum diameters are transported.

3
Consult Forest company
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
4
Consult Forest Administration
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
5
Consult Local villages authorities
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
Description of legal requirements
Ecological sustainability of the forest shall be ensured by using selective cutting
VIEW MORE

Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, , 53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels, such that compliance with sustainable forest management standards is ensured.. 

Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:

a.   Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;

b.   Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;

c.   Agriculture and forestry councilors who work in close collaboration, at the village level, with the special Forest Guard Corp;

d.   All Guineans will ensure the protection and conservation of the forest, and report any offences that they detect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:

a.   A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;

b.   A forest delimitation certificate for the area to be harvested, granted by the forest administration;

c.   Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;

d.   In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;

e.   Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 

Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:

a.   First group: The following species minimum diameter 60 cm.

b.   Second group: The following species minimum diameter 80 cm.

c.   Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species Oveng (Bubinga), Envila (Ebano) (Diospyros ebenum) and Nsonso (Wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).

Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Logging of Species with a Smaller Diameter than Authorized  Specified RISK
Most companies do not respect the minimum harvesting diameters as established by law. Timber stacks have been found both inside the forests and in the port, with diameters smaller than those authorized. This is due to two main factors: first, the lack of trained personnel in companies; and secondly, the aim of the logging operators to obtain the maximum production per day – as they are paid per tree. Companies pay the tree marker operators for ... VIEW MORE

Most companies do not respect the minimum harvesting diameters as established by law. Timber stacks have been found both inside the forests and in the port, with diameters smaller than those authorized. This is due to two main factors: first, the lack of trained personnel in companies; and secondly, the aim of the logging operators to obtain the maximum production per day – as they are paid per tree. Companies pay the tree marker operators for the number of trees inventoried per day; and the chainsaw operator for the number of trees harvested per day. The same arrangement applies to the skidder operator; and, as a result, trees are harvested despite having diameters less than the permissible threshold.

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Visits to the forest area to verify if the area is regenerating and if selective cutting was done. Ensuring the company harvests only species with a commercial interest on that moment, and all logs meet minimum diameter requirements
2
Verify Transport guide (Guía de Transporte)

To be checked during field verification.

Transport Guide to identify if transported to the port, to verify if the species and the minimum diameters are transported.

3
Consult Forest company
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
4
Consult Forest Administration
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
5
Consult Local villages authorities
Interview stakeholders to ensure that people operating in the filed knows about logging requirements, minimum diameters. It is important to verify it specially with people who mark the trees before the chainsaw operators go to cut them to verify whether forest loggers implement selective cutting and minimum diameter rule was followed.
Description of legal requirements
Minimum diameter for logging species is 40 cm at a height of 1.30 m
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, ,  53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels,  such that compliance with sustainable forest management standards is ensured.. 
Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:
a.    Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;
b.    Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;
c.    Agriculture and forestry councillors who work in close collaboration, at the village level, with the special Forest Guard Corp;
d.    All Guineans will ensure the protection and conservation of the forest, and report any offences that theydetect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:
a.    A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;
b.    A forest delimitation certificate for the area to be harvested, granted by the forest administration;
c.    Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;
d.    In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;
e.    Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 
Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:
a.    First group: The following species  minimum diameter 60 cm.
b.    Second group: The following species  minimum diameter 80 cm.
c.    Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species oveng (bubinga), envila (ebano) (Diospyros ebenum) and nsonso (wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).
 
Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Lack of Respect for the Protection Buffer Zones, where Cut is not Allowed; Slopes, Riverbanks  Specified RISK
There are too few inspectors monitoring the harvesting of forest concessions, which allows for the law to be breached. Therefore, many companies exploit trees on slopes, river banks, within protection and conservation forests, in agricultural plantations, within 2,000 metres of villages, etc. ... VIEW MORE

There are too few inspectors monitoring the harvesting of forest concessions, which allows for the law to be breached. Therefore, many companies exploit trees on slopes, river banks, within protection and conservation forests, in agricultural plantations, within 2,000 metres of villages, etc. 

References
VIEW LESS
The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Verify that areas where logging is restricted (i.e: riverbanks slope areas) have been identified and marked and trees are not cut on those areas.
2
Verify Forest management plan
Verify logging area in the document
3
Verify Harvesting permit (Autorización de Apeo)
Verify logging area in the document
4
Interview logging company workers
Interview with logging company workers in the field to ensure they understand logging restrictions, ensuring they know where the limits of the harvesting area are, as well as they know which are the key elements to be protected (riverbanks, slope areas, swamp areas,)
Description of legal requirements
Logging in protection buffer zones is not allowed
VIEW MORE

Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, , 53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels, such that compliance with sustainable forest management standards is ensured.. 

Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:

a.   Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;

b.   Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;

c.   Agriculture and forestry councilors who work in close collaboration, at the village level, with the special Forest Guard Corp;

d.   All Guineans will ensure the protection and conservation of the forest, and report any offences that they detect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:

a.   A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;

b.   A forest delimitation certificate for the area to be harvested, granted by the forest administration;

c.   Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;

d.   In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;

e.   Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 

Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:

a.   First group: The following species minimum diameter 60 cm.

b.   Second group: The following species minimum diameter 80 cm.

c.   Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species Oveng (Bubinga), Envila (Ebano) (Diospyros ebenum) and Nsonso (Wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).

Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Lack of Planning to Establish Skidding Trails  Specified RISK
There are significant risks in relation to the harvesting system. Reports from the MAGBMA, show that:•    During logging activities, companies do not respect the legal management requirements:  requirements relating to minimal diameters (see below), limits, plots, prohibited species, forest routes, rivers and streams, slopes, protected areas, are not respected. (MAGBMA, 2018).•    There is an absence of forest management plans, include... VIEW MOREThere are significant risks in relation to the harvesting system. Reports from the MAGBMA, show that:
•    During logging activities, companies do not respect the legal management requirements:  requirements relating to minimal diameters (see below), limits, plots, prohibited species, forest routes, rivers and streams, slopes, protected areas, are not respected. (MAGBMA, 2018).
•    There is an absence of forest management plans, include provisions for the following elements: road planning, conservation areas, minimum operating diameters, logging of prohibited species, age of forest recovery, drainage system for forest roads and bridges, as well as poor monitoring and administrative control (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).
•    Selective cutting is not implemented by all companies. In general, big companies implement selective logging, harvesting only those species and quantities of timber according to their needs. However, Chinese and Guinean companies in particular harvest all timber species, and show them to the potential buyer to select those of interest. This is a problem that leads to abandonment of already logged, non-marketable species timber.
•    Clear felling is implemented in concessions and in other adjacent forests, mainly in both sides of the new roads that are opened, as well as clearing areas to be used as stacks areas. Compensation measures are not applied to the clear felled sites, despite the requirement for the mitigation method (as described in the forest management plan) to be applied.
•    According to Forest legislation (Law No. 1/1997-art 53), forests and concessions must recover for 25 years following harvest. However, many Asian and Guinean companies enter a forest area in search of wood to be cut and present to the buyer, regardless of whether other companies (previous concesionaries) had previously harvest the area. As a result the forest area does not recover as planned.
•    Most companies do not respect the minimum harvesting diameters as established by law. Timber stacks have been found both inside the forests and in the port, with diameters smaller than those authorized. This is due to two main factors: first, the lack of trained personnel in companies; and secondly, the aim of the logging operators to obtain the maximum production per day – as they are paid per tree. Companies pay the tree marker operators for the number of trees inventoried per day; and the chainsaw operator for the number of  trees harvested per day. The same arrangement applies to the skidder operator; and, as a result, trees are harvested despite having diameters less than the permissible threshold 
•    Opening of roads and construction of temporary bridges enables access to the harvest site. Drains and permanent bridges are often not constructed.. This leads to the rapid deterioration of roads and the forest resource, as well as causing floods due to the blockage of rivers and streams presumably following erosion upstream. In addition, lack of signage can lead to accidents on forest roads. 
•    There are too few inspectors monitoring the harvesting of forest concessions, which allows for the law to be breached. Therefore, many companies exploit trees on slopes, river banks, within protection and conservation forests, in agricultural plantations, within 2,000 metres of villages, etc. 
•    Weak control by the Forest Guard Corp: The number of forest guards available in the forest administration is not sufficient to control all companies, their respective concessions and harvesting activities; as well as activities within communal forests, privately owned forests, and protected areas. In 1996, 50 guards were recruited, many of whom have now died; or are in ill health such that they can no longer undertake field work, resulting in ineffective control.
 
References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Visits to the logging area to verify that skidding trails are established
2
Verify Forest management plan
Check if trawling tracks are mentioned
3
Verify Harvesting permit (Autorización de Apeo)
Check if trawling tracks are mentioned
4
Consult Forest company
Verify that trawling tracks are established
5
Consult Forest Administration
Verify that trawling tracks are established
6
Consult Local villages authorities
Verify that trawling tracks are established
Description of legal requirements
Skidding trails should be established
VIEW MORE

Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, , 53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels, such that compliance with sustainable forest management standards is ensured.. 

Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:

a.   Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;

b.   Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;

c.   Agriculture and forestry councilors who work in close collaboration, at the village level, with the special Forest Guard Corp;

d.   All Guineans will ensure the protection and conservation of the forest, and report any offences that they detect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:

a.   A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;

b.   A forest delimitation certificate for the area to be harvested, granted by the forest administration;

c.   Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;

d.   In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;

e.   Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 

Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:

a.   First group: The following species minimum diameter 60 cm.

b.   Second group: The following species minimum diameter 80 cm.

c.   Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species Oveng (Bubinga), Envila (Ebano) (Diospyros ebenum) and Nsonso (Wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).

Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Roads and Temporary Bridges are Constructed Without the Necessary Security Measures, Causing Accidents and Flooding by Blocking Rivers and Streams  Specified RISK
There is an absence of forest management plans, include provisions for the following elements: road planning, conservation areas, minimum operating diameters, logging of prohibited species, age of forest recovery, drainage system for forest roads and bridges, as well as poor monitoring and administrative control (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).... VIEW MORE

There is an absence of forest management plans, include provisions for the following elements: road planning, conservation areas, minimum operating diameters, logging of prohibited species, age of forest recovery, drainage system for forest roads and bridges, as well as poor monitoring and administrative control (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Verify that roads and temporary bridges are constructed using security measures
2
Verify Forest management plan
Check if security measures for constructing roads and temporary bridges are mentioned
3
Verify Harvesting permit (Autorización de Apeo)
Check if security measures for constructing roads and temporary bridges are mentioned
4
Consult Forest company
Verify if security measures for constructing roads and temporary bridges are mentioned
5
Consult Forest Administration
Verify if security measures for constructing roads and temporary bridges are mentioned
6
Consult Local villages authorities
Verify if security measures for constructing roads and temporary bridges are mentioned
Description of legal requirements
Where existing roads/brides exist, this shall be used in forest operations. Opening of new roads will have to be justified to the forest administration
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, ,  53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels,  such that compliance with sustainable forest management standards is ensured.. 
Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:
a.    Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;
b.    Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;
c.    Agriculture and forestry councillors who work in close collaboration, at the village level, with the special Forest Guard Corp;
d.    All Guineans will ensure the protection and conservation of the forest, and report any offences that theydetect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:
a.    A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;
b.    A forest delimitation certificate for the area to be harvested, granted by the forest administration;
c.    Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;
d.    In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;
e.    Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 
Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:
a.    First group: The following species  minimum diameter 60 cm.
b.    Second group: The following species  minimum diameter 80 cm.
c.    Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species oveng (bubinga), envila (ebano) (Diospyros ebenum) and nsonso (wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).
 
Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-09-23 Risk of Harvesting Prohibited Species  Specified RISK
During logging activities, companies do not respect the legal management requirements: requirements relating to minimal diameters (see below), limits, plots, prohibited species, forest routes, rivers and streams, slopes, protected areas, are not respected. (MAGBMA, 2018).There is an absence of forest management plans, include provisions for the following elements: road planning, conservation areas, minimum operating diameters, logging of prohibi... VIEW MORE

During logging activities, companies do not respect the legal management requirements: requirements relating to minimal diameters (see below), limits, plots, prohibited species, forest routes, rivers and streams, slopes, protected areas, are not respected. (MAGBMA, 2018).

There is an absence of forest management plans, include provisions for the following elements: road planning, conservation areas, minimum operating diameters, logging of prohibited species, age of forest recovery, drainage system for forest roads and bridges, as well as poor monitoring and administrative control (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationScientific testingStakeholder consultation
1
Visit Logging area
Visit logging area to verify that prohibited species were not harvested
2
Verify Forest management plan
Check if by any chance prohibited species are not included and mapped
3
Verify Harvesting permit (Autorización de Apeo)
Check if by any chance prohibited species are not included and mapped
4
Consult various stakeholders
Interview forest agents, military control points, hunters, transporters and sellers regarding their perception of illegal activities by a specific company relating to prohibited species
5
Conduct targeted timber testing
Description of legal requirements
Prohibited species shall not be harvested. Following species are prohibited (as of June 2021): Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines
VIEW MORE

Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, , 53, 54, 74, 95 and 97.

Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.

Article 25: The forest administration is responsible for inspection and control of forest parcels, such that compliance with sustainable forest management standards is ensured.. 

Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.

Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.

Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years. 

Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover. 

Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF. 

Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:

a.   Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;

b.   Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;

c.   Agriculture and forestry councilors who work in close collaboration, at the village level, with the special Forest Guard Corp;

d.   All Guineans will ensure the protection and conservation of the forest, and report any offences that they detect.

Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:

a.   A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;

b.   A forest delimitation certificate for the area to be harvested, granted by the forest administration;

c.   Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;

d.   In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;

e.   Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration. 

Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products. 

Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.

Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.

Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.

Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.

Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.

Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works. 

Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.

Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.

Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:

a.   First group: The following species minimum diameter 60 cm.

b.   Second group: The following species minimum diameter 80 cm.

c.   Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.

Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species Oveng (Bubinga), Envila (Ebano) (Diospyros ebenum) and Nsonso (Wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area. 

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).

Legally required documents
  • Feasibility study (the study must be completed by a technical expert recognized by the forest administration)
  • Forest delimitation certificate
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management plan
  • Harvesting journals
  • Management and Operating Inventory report
  • Monthly production report before the fifth day of the month
  • Provision of a detailed topographic map, with infrastructure, commercial trees in barracks (cuarteles) and other information
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-09-23 Risk of Illegal Harvesting in Protected Areas  Specified RISK
According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natura... VIEW MORE

According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:

•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natural Monument.

•   The harvesting of wood from protection zones such as slopes and river banks is frequently carried out. Companies carry out exploitation at the edges of the rivers and on steep slopes to obtain precious and high-value species such as the Palo Rojo (Pterocarpus soyauxii). Companies illegally harvest species due to lack of management plans and forest inspectors in the field.

•   Clandestine exploitation of prohibited species without authorization. Inspectors’ reports show both forestry companies, and chainsaw operators, enter forests – including communal and privately owned forests – to exploit prohibited species, such as Guibourtia tessmannii and Baillonella toxisperma.

•   Ramsar protected areas (Natural Reserves of Rio Campo and the Estuary of Muni), suffer deforestation and fragmentation of their mangrove ecosystems. In Rio Campo, the protected area of mangroves are transformed to human and military settlements, while in the Estuary of Muni, the fragmentation is due to road infrastructure which passes inside mangroves, and the harvest of firewood to dry fish. 

•   New road infrastructure increases access to forests rich in fauna and flora. Illegal commercial hunting is frequent in protected areas by people adjacent to the protected area. 

•   Hunting and consumption of protected species are common in the country despite existing laws. Project reports, both in Malabo and in the Continental Region, show a high hunting rate and high consumption of many protected species. 

•   Administrative weakness to protect flora and fauna resources. This is due to the lack of sufficient human and financial resources to develop a control strategy. Protected species are passed through military barriers and sold in markets.

•   There are no quotas established for protected species. With the exception of Prunus africana (included in Appendix II of CITES) which has a quota of 500 tonnes per year, the government has not redefined quotas for protected species, which makes it difficult to control protected species and consequently leads to their depletion without consent. Logging of prohibited trees: Most prohibited trees are very highly valuable; bribes are often paid to agents in order to exploit prohibited trees.

References
VIEW LESS
The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area

Verify that timber is not originating from protected areas by tracking timber to the harvesting site:

• Identify logging site by marked codes. All logs are marked with a code which include code assigned for the logging company + logging site code + species code.

• Verify that species and volumes of timber under assessment correspond with the stumps at logging site.

• Verify that the area harvested is within the limits established in the Measurement Certificate and within the map of the forest annexed in the Harvesting Permit or CAAF.

• If relevant, boundaries between harvesting area and Protected area are clearly indicated in the field (1-2 metres of clear line around the forest area).

2
Verify Measurement certificate (forest delimitation certificate)
Verify that the area harvested is within the limits established in the Measurement Certificate. Verify species and volumes harvested in applicable harvesting plot (verify onsite).
3
Verify Harvesting permit (Autorización de Apeo)
Verify that the area harvested is within the limits established in the Measurement Certificate and within the map of the forest annexed in the Harvesting Permit or CAAF.
4
Verify National Institute for Forest Development and Management of Protected Areas (IND
Verify if there are recordings of the illegal entries of companies operating in protected areas
5
Consult Logging company workers
Interview forest workers to confirm that they are aware of the forest concession boundaries.
6
Consult National Institute for Forest Development and Management of Protected Areas (IND
Consult stakeholder regarding their perception of illegal activities by a specific company relating to harvesting in protected areas.
7
Consult various stakeholders
Consult stakeholder regarding their perception of illegal activities by a specific company relating to harvesting in protected areas.
Description of legal requirements
Harvesting shall not be done in protected areas.
VIEW MORE

•   Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea.

Article 10: National Forest Reserve can, based on technical studies and interests of the nation, be divided into production domain, and conservation and protection domain. 

Article 13: The forest conservation and protection domains are comprised of units of the national system for protected areas and protection forests, approved by the government and dedicated to the conservation and protection of species of wild flora, fauna, landscapes and unique ecosystems.

Article 14: The units that make up the National System of Protected Areas are classified and managed according to the recommendations of the International Union for Conservation of Nature (IUCN).

Article 15: The protection forests are intended for the conservation of flora and fauna, soil and water, to protect land, road infrastructure, towns, as well as guarantee the use of water for human, agricultural and industrial consumption.

Article 55: The State State and all urban and rural inhabitants have the obligation to conserve and protect the forest ecosystems of the nation, for the well-being of the entire population and future generations; in harmony with the ecological interests and socio-economic conditions of each region and locality of the country.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997

Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products […] 

2.The National Forest Reserve is subdivided into the production domain, and conservation and protection domain. The production domain is intended solely for harvesting purposes; while the conservation and protection domain is intended exclusively for the purpose of preserving biodiversity.

3.Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation domain under Article 13 of the Forestry Law.

Article 60. Due to their artisanal value and rarity in the national territory, harvesting of the species Oveng (Bubinga) or Guibourtia tessmannii, Envila (Ebano) or Diospyros crassiflora and Nsonso (Wengue) or Milletia laurentii, requires special authorization granted by the responsible ministry. It is prohibited to export roundwood or sawn timber of these species.

Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from this ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area.

Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP.

Article 65: The Forest Guard Corp is responsible for the effective control of exploitation and management of forest resources, and monitoring of conservation and protection of wild resources throughout the country, according to principles in Article 55 (and subsequent articles) in the Forestry Law. The Corp is also responsible for the regulation of forest ecosystems provided for in Law No. 8/1998, dated 31 December: Regulation on Wild Fauna, Hunting, and Protected Areas.

•   Law No. 7/2003, dated 27 November, regulating the environment in Equatorial Guinea. Article 11: The action of the public administration in forestry will be oriented to achieve the protection, restoration, improvement and orderly use of forests.

Article 21: Classification of protected areas. 

Articles 22 to 26 are definitions of the types of protected areas.

Article 27 : tree zones or peripheral protection zones: Restricted zone, open zone, traditional (practices) zone, and special zone. 

Article 34 (1, 2, 3, 4): adoption of measures by the administration on the conservation of fauna and flora.

Article 35: Criteria guiding the preservation of the genetic diversity of natural heritage in the forests.

Article 37: Specific measures for protected species: a) endangered, b) sensitive to the alteration of their habitat, c) vulnerable and d) of special interest.

Articles 38 and 39: Preparation of a national catalogue of endangered species.

•   Decree No. 72/2007: prohibits hunting and consumption of monkeys and other primates in the Republic of Equatorial Guinea.

Article 1. In accordance with the provisions of Article VIII of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), monkeys and other primates are declared as endangered species in the Republic of Equatorial Guinea and, therefore, form part of Appendix I/IIof the Convention invoked.

Article 2. Hunting, sale, consumption and possession of monkeys and other primates in the Republic of Equatorial Guinea is strictly prohibited.

•   Decree No. 172/2005, dated 8 September, regulates trade in endangered species of wild fauna and flora in the Republic of Equatorial Guinea. This decree regulates the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the Republic of Equatorial Guinea. 

Annexes I, II, II of the aforementioned Decree include the species included in Appendices I, II and III of CITES, which are updated as amendments are made to the CITES Appendices. Annex IV includes all species native to Equatorial Guinea that are not included in Appendix I and which are still considered to be threatened. Appendix V includes all species native to Equatorial Guinea that are not included in Appendices I to IV, but are subject to the provisions of this Decree.

Among marketable flora species, which are listed in Appendix II of CITES, the following are found in Equatorial Guinea: Guibourtia tessmannii, Prunus africana, Guibourtia pellegriniana, Cyathea spp. 

Among the most important wildlife species to preserve, Equatorial Guinea has cyclotis, Panthera pardus, Manis gigantea, Gorilla gorilla, Mandrillus sphinx, Crocodylus spp., , Pan spp., , Cheloniidae spp. in Appendix I and Manis spp., Primates, Hippopotamus amphibius, Cephalophus dorsalis, C. ogilbyi, C. silvicultor, Boidea in Appendix II.

•   The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention): On 2 June 2003, the Republic of Equatorial Guinea acceded to the Convention. Equatorial Guinea has three designated Ramsar sites: 1) Nature Reserve of the Estuary of the Muni, 2) Nature Reserve of Río Campo, and 3) Nature Reserve of the Island of Annobon; these sites are very humid areas with mangrove ecosystems.

•   The Convention on the Conservation of Migratory Species of Wild Animals (CMS): The main objective is to conserve migratory species and their habitats through strict measures to protect species included in Appendix I, and through agreements to conserve and manage migratory species whose conservation status is unfavorable; or species which benefit significantly from international cooperation, such as elephants, sea turtles, and gorillas.

Legally required documents
  • Harvesting journals
  • Hunting license
  • Monthly reports from road controls/barriers
  • Protected area management plans
  • Special authorization to harvest protected species
Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-09-23 Guibourtia tessmannii - Illegal Logging Without Permit or With Fraudulent Permit Specified RISK
According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natura... VIEW MORE

According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:

•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natural Monument.

•   The harvesting of wood from protection zones such as slopes and river banks is frequently carried out. Companies carry out exploitation at the edges of the rivers and on steep slopes to obtain precious and high-value species such as the Palo Rojo (Pterocarpus Soyauxii). Companies illegally harvest species due to lack of management plans and forest inspectors in the field.

•   Clandestine exploitation of prohibited species without authorization. Inspectors’ reports show both forestry companies, and chainsaw operators, enter forests – including communal and privately owned forests – to exploit prohibited species, such as Guibourtia tessmannii and Baillonella toxisperma.

•   Ramsar protected areas (Natural Reserves of Rio Campo and the Estuary of Muni), suffer deforestation and fragmentation of their mangrove ecosystems. In Rio Campo, the protected area of mangroves are transformed to human and military settlements, while in the Estuary of Muni, the fragmentation is due to road infrastructure which passes inside mangroves, and the harvest of firewood to dry fish. 

•   New road infrastructure increases access to forests rich in fauna and flora. Illegal commercial hunting is frequent in protectedareas bypeople adjacent to the protected area. 

•   Hunting and consumption of protected species are common in the country despite existing laws. Project reports, both in Malabo and in the Continental Region, show a high hunting rate and high consumption of many protected species. 

•   Administrative weakness to protect flora and fauna resources. This is due to the lack of sufficient human and financial resources to develop a control strategy. Protected species are passed through military barriers and sold in markets.

•   There are no quotas established for protected species. With the exception of Prunus africana (included in Appendix II of CITES) which has a quota of 500 tonnes per year, the government has not redefined quotas for protected species, which makes it difficult to control protected species and consequently leads to their depletion without consent. Logging of prohibited trees: Most prohibited trees are very highly valuable; bribes are often paid to agents in order to exploit prohibited trees.

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Special Harvesting permit
In case of use of special species, verify that the special Harvesting permit granted by the responsible ministry is in place. Review the file for requesting special permit and compliance with the legal process requirements
2
Visit Logging area
Verify that species and volumes of timber under assessment correspond with the stumps at logging site.
3
Consult National Institute for Forest Development and Management of Protected Areas (IND
Check with INDEFOR-AP for knowledge of protected species that suffer threats of exploitation without a special harvesting permit
Description of legal requirements

Logging of protected species (Guibourtia tessmannii) requires valid Special Harvesting permit.


VIEW MORE
•    Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea.
Article 10: National Forest Reserve can, based on technical studies and interests of the nation, be divided into production domain, and conservation and protection domain. 
Article 13: The forest conservation and protection domains are comprised of units of the national system for protected areas and protection forests, approved by the government and dedicated to the conservation and protection of species of wild flora, fauna, landscapes and unique ecosystems.
Article 14: The units that make up the National System of Protected Areas are classified and managed according to the recommendations of the International Union for Conservation of Nature (IUCN).
Article 15: The protection forests are intended for the conservation of flora and fauna, soil and water, to protect land, road infrastructure, towns, as well as guarantee the use of water for human, agricultural and industrial consumption.
Article 55: The StateState and all urban and rural inhabitants have the obligation to conserve and protect the forest ecosystems of the nation, for the well-being of the entire population and future generations; in harmony with the ecological interests and socio-economic conditions of each region and locality of the country.
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997
Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products […] 
2.The National Forest Reserve is subdivided into the production domain, and conservation and protection domain. The production domain is intended solely for harvesting purposes; while the conservation and protection domain is intended exclusively for the purpose of preserving biodiversity.
3.Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation domain under Article 13 of the Forestry Law.
Article 60. Due to their artisanal value and rarity in the national territory, harvesting of the species oveng (bubinga) or Guibourtia tessmannii, envila (ebano) or Diospyros crassiflora and nsonso (wengue) or Milletia laurentii, requires special authorization granted by the responsible ministry. It is prohibited to export roundwood or sawn timber of these species.
Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from this ban. These species can only be harvested when authorization is granted by the Ministry,  and only when the company has justified the species’ abundant existence within the harvest area.
Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP.
Article 65: The Forest Guard Corp  is responsible for the effective control of exploitation and management of forest resources, and monitoring of conservation and protection of wild resources throughout the country, according to principles in Article 55 (and subsequent articles) in the Forestry Law. The Corp is also responsible for the regulation of forest ecosystems provided for in Law No. 8/1998, dated 31 December: Regulation on Wild Fauna, Hunting, and Protected Areas.
•    Law No. 7/2003, dated 27 November, regulating the environment in Equatorial Guinea. Article 11: The action of the public administration in forestry will be oriented to achieve the protection, restoration, improvement and orderly use of forests.
Article 21: Classification of protected areas. 
Articles 22 to 26 are definitions of the types of protected areas.
Article 27 : tree zones or peripheral protection zones: Restricted zone, open zone, traditional (practices) zone, and special zone.  
Article 34 (1, 2, 3, 4): adoption of measures by the administration on the conservation of fauna and flora.
Article 35: Criteria guiding the preservation of the genetic diversity of natural heritage in the forests.
Article 37: Specific measures for protected species: a) endangered, b) sensitive to the alteration of their habitat, c) vulnerable and d) of special interest.
Articles 38 and 39: Preparation of a national catalogue of endangered species.
•    Decree No. 72/2007: prohibits hunting and consumption of monkeys and other primates in the Republic of Equatorial Guinea.
Article 1. In accordance with the provisions of Article VIII of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), monkeys and other primates are declared as endangered species in the Republic of Equatorial Guinea and, therefore, form part of Appendix I/IIof the Convention invoked.
Article 2. Hunting, sale, consumption and possession of monkeys and other primates in the Republic of Equatorial Guinea is strictly prohibited.
•    Decree No. 172/2005, dated 8 September, regulates trade in endangered species of wild fauna and flora in the Republic of Equatorial Guinea. This decree regulates the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the Republic of Equatorial Guinea. 
Annexes I, II, II of the aforementioned Decree include the species included in Appendices I, II and III of CITES, which are updated as amendments are made to the CITES Appendices. Annex IV includes all species native to Equatorial Guinea that are not included in Appendix I and which are still considered to be threatened. Appendix V includes all species native to Equatorial Guinea that are not included in Appendices I to IV, but are subject to the provisions of this Decree.
Among marketable flora species, which are listed in Appendix II of CITES, the following are found in Equatorial Guinea: Guibourtia tessmannii, Prunus africana, Guibourtia pellegriniana, Cyathea spp. 
Among the most important wildlife species to preserve, Equatorial Guinea has cyclotis, Panthera pardus, Manis gigantea, Gorilla gorilla, Mandrillus sphinx, Crocodylus spp., , Pan spp., , Cheloniidae spp. in Appendix I and Manis spp., Primates, Hippopotamus amphibius, Cephalophus dorsalis, C. ogilbyi, C. silvicultor, Boidea in Appendix II.

•    The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention): On 2 June 2003, the Republic of Equatorial Guinea acceded to the Convention. Equatorial Guinea has three designated Ramsar sites: 1) Nature Reserve of the Estuary of the Muni, 2) Nature Reserve of Río Campo, and 3) Nature Reserve of the Island of Annobon; these sites are very humid areas with mangrove ecosystems.

•    The Convention on the Conservation of Migratory Species of Wild Animals (CMS): The main objective is to conserve migratory species and their habitats through strict measures to protect species included in Appendix I, and through agreements to conserve and manage migratory species whose conservation status is unfavourable; or species which benefit significantly from international cooperation, such as elephants, sea turtles, and gorillas.
 
Legally required documents
  • Harvesting journals
  • Hunting license
  • Monthly reports from road controls/barriers
  • Protected area management plans
  • Special authorization to harvest protected species
Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-09-23 Diospyros crassiflora - Risk of Illegal Logging Without Permit or With Fraudulent Permit Specified RISK
According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natura... VIEW MORE

According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:

•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natural Monument.

•   The harvesting of wood from protection zones such as slopes and river banks is frequently carried out. Companies carry out exploitation at the edges of the rivers and on steep slopes to obtain precious and high-value species such as the Palo Rojo (Pterocarpus soyauxii). Companies illegally harvest species due to lack of management plans and forest inspectors in the field.

•   Clandestine exploitation of prohibited species without authorization. Inspectors’ reports show both forestry companies, and chainsaw operators, enter forests – including communal and privately owned forests – to exploit prohibited species, such as Guibourtia tessmannii and Baillonella toxisperma.

•   Ramsar protected areas (Natural Reserves of Rio Campo and the Estuary of Muni), suffer deforestation and fragmentation of their mangrove ecosystems. In Rio Campo, the protected area of mangroves are transformed to human and military settlements, while in the Estuary of Muni, the fragmentation is due to road infrastructure which passes inside mangroves, and the harvest of firewood to dry fish. 

•   New road infrastructure increases access to forests rich in fauna and flora. Illegal commercial hunting is frequent in protected areas by people adjacent to the protected area. 

•   Hunting and consumption of protected species are common in the country despite existing laws. Project reports, both in Malabo and in the Continental Region, show a high hunting rate and high consumption of many protected species. 

•   Administrative weakness to protect flora and fauna resources. This is due to the lack of sufficient human and financial resources to develop a control strategy. Protected species are passed through military barriers and sold in markets.

•   There are no quotas established for protected species. With the exception of Prunus africana (included in Appendix II of CITES) which has a quota of 500 tonnes per year, the government has not redefined quotas for protected species, which makes it difficult to control protected species and consequently leads to their depletion without consent. Logging of prohibited trees: Most prohibited trees are very highly valuable; bribes are often paid to agents in order to exploit prohibited trees. VIEW LESS

The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Special Harvesting permit
In case of use of special species, verify that the special Harvesting permit granted by the responsible ministry is in place. Review the file for requesting special permit and compliance with the legal process requirements
2
Visit Logging area
Verify that species and volumes of timber under assessment correspond with the stumps at logging site.
3
Consult National Institute for Forest Development and Management of Protected Areas (IND
Check with INDEFOR-AP for knowledge of protected species that suffer threats of exploitation without a special harvesting permit
Description of legal requirements

Logging of protected species (Diospyros crassiflora) requires valid Special Harvesting permit.

VIEW MORE
Legally required documents
  • Harvesting journals
  • Hunting license
  • Monthly reports from road controls/barriers
  • Protected area management plans
  • Special authorization to harvest protected species
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-09-23 Milletia laurentii - Risk of Illegal Logging Without Permit or With Fraudulent Permit Specified RISK
According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natura... VIEW MORE

According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:

•   Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natural Monument.

•   The harvesting of wood from protection zones such as slopes and river banks is frequently carried out. Companies carry out exploitation at the edges of the rivers and on steep slopes to obtain precious and high-value species such as the Palo Rojo (Pterocarpus soyauxii). Companies illegally harvest species due to lack of management plans and forest inspectors in the field.

•   Clandestine exploitation of prohibited species without authorization. Inspectors’ reports show both forestry companies, and chainsaw operators, enter forests – including communal and privately owned forests – to exploit prohibited species, such as Guibourtia tessmannii and Baillonella toxisperma.

•   Ramsar protected areas (Natural Reserves of Rio Campo and the Estuary of Muni), suffer deforestation and fragmentation of their mangrove ecosystems. In Rio Campo, the protected area of mangroves are transformed to human and military settlements, while in the Estuary of Muni, the fragmentation is due to road infrastructure which passes inside mangroves, and the harvest of firewood to dry fish. 

•   New road infrastructure increases access to forests rich in fauna and flora. Illegal commercial hunting is frequent in protected areas by people adjacent to the protected area. 

•   Hunting and consumption of protected species are common in the country despite existing laws. Project reports, both in Malabo and in the Continental Region, show a high hunting rate and high consumption of many protected species. 

•   Administrative weakness to protect flora and fauna resources. This is due to the lack of sufficient human and financial resources to develop a control strategy. Protected species are passed through military barriers and sold in markets.

•   There are no quotas established for protected species. With the exception of Prunus africana (included in Appendix II of CITES) which has a quota of 500 tonnes per year, the government has not redefined quotas for protected species, which makes it difficult to control protected species and consequently leads to their depletion without consent. Logging of prohibited trees: Most prohibited trees are very highly valuable; bribes are often paid to agents in order to exploit prohibited trees. VIEW LESS

The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Special Harvesting permit
In case of use of special species, verify that the special Harvesting permit granted by the responsible ministry is in place. Review the file for requesting special permit and compliance with the legal process requirements
2
Visit Logging area
Verify that species and volumes of timber under assessment correspond with the stumps at logging site.
3
Consult National Institute for Forest Development and Management of Protected Areas (IND
Check with INDEFOR-AP for knowledge of protected species that suffer threats of exploitation without a special harvesting permit
Description of legal requirements

Logging of protected species (Milletia laurentii) requires valid Special Harvesting permit.

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Legally required documents
  • Harvesting journals
  • Hunting license
  • Monthly reports from road controls/barriers
  • Protected area management plans
  • Special authorization to harvest protected species
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1.10 Environmental requirements
Last updated on 2022-09-23 Logging is done without Environmental Licenses and Environmental Impact Assessments  Specified RISK
Risks related to the legal framework and business practice:•   There is a lack of a new forestry law to meet current forest certification requirements, the REDD+ process, as well as the requirements of international conventions, such as The United Nations Framework Convention on Climate Change (UNFCCC), which has the potential to enhance environmental protection. In addition, the Forestry Law and its implementing regulations are obsolete and... VIEW MORE

Risks related to the legal framework and business practice:

•   There is a lack of a new forestry law to meet current forest certification requirements, the REDD+ process, as well as the requirements of international conventions, such as The United Nations Framework Convention on Climate Change (UNFCCC), which has the potential to enhance environmental protection. In addition, the Forestry Law and its implementing regulations are obsolete and are violated by forestry companies. Companies are known to enter and operate within protected areas without the consent of INDEFOR-AP; with cases of water courses being blocked where they enter the forest creating swamps; harvesting is carried out on slopes – which is prohibited and which leads to erosion and blockage of streams; substances such as burned oils, acids, filters and fuels are used in the forest where harvesting takes place; companies do not have planning or management plans, and they therefore violate the management standards including: minimum diameters, the species to be cut, the prohibited species (such as the harvesting of bubinga), the fragmentation and destruction of habitat by dragging or skidding logs; as well as road development and wastage in stockpiles. False statements as to monthly cubic metres harvested are produced to reduce tax obligations. Companies work without authorization – whether environmental or forestry – which causes environmental degradation (MAGBMA, 2014, 2017a, 2017b and 2018 and ANDEGE, 2010).

•   Regarding the compliance with environment law (No. 7/2003), companies often do not have environmental licenses for harvesting and wood processing activities, nor an Environmental Impact Assessment. The companies do not conduct an evaluation of environmental impacts where harvesting is undertaken, with this non-compliance not detected due to limited administrative checks.

•   Environmental Law No. 7/2003 repealed the previous Law No. 4/2000, where all protected areas were created and their physical spaces defined. The new environmental law (No. 7/2003) defines the categories of different protected areas, but does not define which are those protected areas in the country, and nor does it indicate the physical space they occupy. With the derogation of this law No. 4/2000, there is a legal gap regarding the protection of protected areas, as the areas that are being protected are only recognized in a legal instrument that has been derogated. This situation can lead to public confusion, and companies can take advantage of this weakness or legal vacuum to exploit these areas. Often there are chemical spills both in the forests and in the rivers, which damage or pollute natural resources, including fauna, flora, water and air (MAGBMA, 2014, 2017a, 2017b and 2018).

•   According to the coast and waterway regulation, it is forbidden to exploit, both in State and privately owned forests, trees located less than sixty metres from springs on uphill terrain, or trees located less than fifty metres from springs on flat terrain. However this regulation is largely ineffective, due to the lack of control. 

•   Lack of management plans is often an issue due to the minimum area requirement of 50,000 hectares and a maximum duration of 15 years. The indicators set by law are not aligned with the requirements for good forest management (MAGBMA, 2014, 2017a, 2017b and 2018).

References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verification
1
Verify Environmental Impact Assessment (EIA)
Check if documents are approved by the MAGBMA
2
Verify Environmental license
Check if documents are approved by the MAGBMA
3
Visit Logging area
Verify that the EIA is accurately reflecting the situation on the ground
Description of legal requirements
Companies shall have Environmental Licences and Environmental Impact Assessments
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•    Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. The most important legal requirements included in this law and relating to the sustainable management of the environment, are contained in the following articles: 
Article 22 stipulates that during the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee the protection of adjacent community property. 
Article 40: during timber extraction, depending on the cubic metres cut, the operating company will pay monthly, fees corresponding to the following:
Conservation fee: to consolidate forest resource conservation efforts , 50% of the timber value will be paid to the public treasury.
Compensation fee: 30% of the standing value of the timber will be paid to the public treasury, for the recovery of young species.
According to Article 49, any area in which forest activities are carried out, including the removal of standing timber, should have a management plan that guarantees the conservation of the forest ecosystems. 
Article 53 states that forestry companies shall not utilise harvested forests for commercial logging, before the end of the forest recovery period of 25 years.
Article 54 stipulates that reforestation in any forest production unit must guarantee the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities must leave at least 30% of the total forested area within the natural forest parcel. In areas dedicated to forest production, all riparian zones, national roads, and slopes with gradient greater than 45 degrees, must be left with forest cover.
•    Law No. 7/2003, dated 27 November, regulating the environment in Equatorial Guinea.
This law (articles 11 to 42) defines conservation of natural areas including wild species of flora and fauna, and prohibiting forest exploitation in protected areas – to ensure hydrographic basins are maintained and sustainable management plans are in place.
Articles 60 to 70: soil and water pollution within forests is prohibited according to the toxic waste law. In articles 126 to 142, this law describes Environmental Licenses requirements, and procedure to obtain it. All activities listed in AnnexII are under this requirement, which includes Forestry activities. Including harvesting activities (annexII.1) and specific industrial processors such as furniture manufacturers, sawmills, and producers of veneers, plywood and other types of boards and panels, with production greater than 1 tonne per day (AnnexII)
 harvesting and wood processing activities Environmental licenses are granted by the Ministry of Environment. It includes 
This environmental law also provides for the requirement of Environmental Impact Assessment for harvesting and wood processing activities (articles 49–59).
•    Law No. 3/2007, dated 21 July, regulating water and coastlines in the Republic of Equatorial Guinea. Article 82 prohibits the following polluting activities: (1) direct or indirect discharge that may contaminate both surface and underground waters or cause environmental degradation; (2) accumulation of waste, debris or substances of any nature that constitute or may constitute the risk of water pollution or degradation of the environment, regardless of where these materials are deposited; (3) actions impacting the physical or biological environment affected by water, which may degrade it; and (4) activities within the perimeter of the protection zone established in hydrological plans, where those activities may contaminate or degrade the public hydrological domain. 
In accordance with Article 85, the direct or indirect discharge of water and residual products likely to contaminate inland waters or any other elements of the public hydrological domain is prohibited, unless prior administrative authorization is obtained. The authorization requires that the discharge of water meets quality ecological requirements in accordance with quality standards, the environmental objectives, and the emission characteristics established by regulation.
According to Article 87, when the discharge may lead to the infiltration or storage of substances likely to contaminate aquifers or groundwater, it may be authorized only if the previous hydrogeological study proves its safety.
Article 101 prohibits, without prior environmental authorization:
The execution of any type of work or work aimed at damming, diverting, capturing, controlling or draining surface waters, as well as infiltrating them in the underground mantle, as it passes through farms or estates, both rural and urban.
i.    The construction of bridges, culverts or other works that limit the flow capacity of natural or artificial water channels.
ii.    The performance of any type of work or work that may obstruct or hinder the evaculation capacity of surface water through underground drainage.
iii.    Any type of work or activity that prevents or hinders the normal operation of flood protection works or drainage works.

Articles 105 to 107 address the conservation of trees to prevent a reduction in water quantity: (a) to avoid reduced water quantity as a result of harvesting activities, all national authorities are empowered, within their scope, to ensure compliance with the legal provisions concerning the conservation of trees, especially those on the banks of rivers and those found in riparian zones and along water bodies; (b) owners of land crossed by rivers or streams, or in which forests (serving as shelter) have been destroyed, are obliged to re-establish trees on the banks of the same rivers, streams or springs, at a distance not greater than five metres of the said waters, included in the respective property; and (c) it is prohibited to exploit, both in State and privately owned forests, trees located less than sixty metres from springs on uphill terrain, or less than fifty metres from springs on flat terrain.
AnneI.- List all Activities which requires Environmental Authorization. Forestry activities are Not listed here. 
AnneII-1. – List all Activities which required Environmenal license and previous positive report issued by the Ministry of Environment. Section XII-Other activities, includes forestry activities. 
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997 
According to Article 1, paragraph 2, the National Forest Reserve is subdivided into the production domain, and conservation domain. The production domain is intended solely and exclusively for harvesting purposes while the conservation domain is intended only and exclusively for biodiversity reserve purposes. Paragraph 3: areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation domain under Article 13 of the Forestry Law. Paragraph 4: the production domain is subdivided into privately owned forests, communal, and national forests, according to the definitions established in Article 12 of the Forestry Law. Article 6: to ensure the ecological sustainability of the forest, permitted forest harvesting consists of selective cutting based on species and diameters as provided in Article 58 of these regulations.
Article 21 states the annual quota for roundwood production, as established in Article 17 of the Forestry Law, within the insular region of Equatorial Guinea, is 10,000 m3 per year; and within the continental region of Equatorial Guinea is 440,000 m3 per year. 
 
Legally required documents
  • Authorization for toxic waste
  • Discharge authorization
  • Environmental license
  • Forest Harvesting Lease Agreement (CAAF)
  • Forest management standards document
  • Monthly reports of inspectors controlling the harvesting areas
  • Special authorization for protected species
  • Tree purchasing contract for the standing trees in privately owned forests
  • Environmental impact assessment
Applicable legislation
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1.11 Health and safety
Last updated on 2022-09-23 Violation of health and safety requirements during harvesting activities  Specified RISK
•    During inspections of forest holdings, personal protective equipment worn by employees is often absent. During inspection, workers were found without protective equipment such as helmets, raincoats, gloves and eye protection, although some employees wore boots. The lack of protective equipment exposes employees to risks from accidents and diseases. This risk is caused due to the weakness of the administration, as inspectors and advisors... VIEW MORE•    During inspections of forest holdings, personal protective equipment worn by employees is often absent. During inspection, workers were found without protective equipment such as helmets, raincoats, gloves and eye protection, although some employees wore boots. The lack of protective equipment exposes employees to risks from accidents and diseases. This risk is caused due to the weakness of the administration, as inspectors and advisors are not employed by companies (source: expert consultation).
•    Formation of hygiene and safety committees is stipulated in the Labour Law. These entities are designed to advise employers, workers and the labour authorities on the application and development of rules relating to the working environment and working conditions, in order to monitor compliance; however these committees have not been created. The lack of committees leads to a lack of information and awareness and – according to workers in interviews – workers are often unaware of their labour rights set out by law, which leaves them vulnerable to accidents and diseases (source: expert consultation).
•    In forests, dangerous toxic products such as burned oils, acids, filters and fuels, are used without personal protective equipment. According to the inspection report, this oversight has been observed in all companies in all parts of the forest, this creates both an environmental risk and health risk to workers (MAGBMA, 2017).
 
References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Logging area
Visit the harvesting site and observe use of personal protective equipment and adequate hygiene and safety measures.
2
Verify Records of employers' registration in INSESO
Review cases of accidents registered
3
Verify Workers’ social security affiliation documents
4
Verify Internal regulations on safety and health, or a workplace risk and accident prev
5
Verify Registration of personal protective equipment delivery
6
Verify Registration of training of workers with respect to health and safety
7
Verify Accident record/file
8
Consult Logging company workers
Interviews with forestry workers and management about the health and safety situation during logging activities.
Description of legal requirements
Health and safety requirements shall be complied with during harvesting activities
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There is no specific legislation that establishes legal requirements relating to health and safety during forest harvesting. The Forestry Law does not include requirements regarding health and safety, therefore what is required by the Labour Law (Law 10/2012) is applied.
•    Law No. 10/2012, dated 24 December, on the General Work Order Reform.
Chapter IV relates to the provision of services. Chapter I focusses on environment and work conditions.
Article 31: The Sate formulates and implements the health and safety policy of workers and the improvement of environmental and working conditions. 
Article 32: The worker providing professional services will be entitled to effective protection in health and safety and hygiene at work.
Article 33 establishes that the employer must take necessary measures for the good work and care of employees. 
Article 41 (1, 2, 3) establishes the creation of hygiene and safety committees.
Article 42 (1, 2, 3): Responsibility for professional risks. 
Article 43 (1, 2a, 2b, 2c, 2d, 3a, 3b): Work accidents.
Article 44 (1.2): Occupational diseases.
Article 52: Guarantees and preferences
•    Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea.
•    Law No. 14/1984, dated 12 November regulates labour inspections.
Article 2 (2, 3): Forests exploitation and means of transport in general.
Article 7 (d): nature of occupational hazards and their frequency, severity or significance of occupational accidents.
Article 10 (1, 2, 3): authorized functions of labour inspectors.
•    Decree No. 100/1990, dated 28 September, approving the regulations of the general social security regime in Equatorial Guinea.
Article 1.1. Equatorial Guinean workers who carry out their activities in national territory – whatever their working conditions – as well as public, civil and military officials at the service of the State, will be included in the general social security regime of local entities or autonomous institutions.
1.2. Equatorial Guineans not resident in national territory will also be included when this is the result of the provisions established for said purpose.
•    Ministerial Order No. 039/1, dated 3 July 2008, regulates the contribution of foreign workers to social security in Equatorial Guinea. As described in articles 1 to 3, all national and foreign workers who operate in the different companies based in Equatorial Guinea are required to contribute to social security.. The percentage of the total contribution of the salary is 26%, where 21.5% corresponds to the contribution of the company and 4.5% of the worker.
 
Legally required documents
  • Accident record/file
  • Internal regulations on safety and health, or a workplace risk and accident prevention plan
  • Registration of personal protective equipment delivery
  • Registration of training of workers with respect to health and safety
  • Workers’ social security affiliation documents
Applicable legislation
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1.12 Legal employment
Last updated on 2022-09-23 Lack of Work Contracts for Seasonal and Discontinuous Work  Specified RISK
In interviews with company workers, they stated that there are employees who work without formal contracts. As for the termination of contracts, any protest over dangerous or unhealthy working conditions can lead to dismissal. Workers have limited employment opportunities, since these companies are often the only sources of work in rural areas (Republic of Equatorial Guinea, 2012, and Campos and Mico, 2006).Employee associations: There are no wo... VIEW MORE

In interviews with company workers, they stated that there are employees who work without formal contracts. As for the termination of contracts, any protest over dangerous or unhealthy working conditions can lead to dismissal. Workers have limited employment opportunities, since these companies are often the only sources of work in rural areas (Republic of Equatorial Guinea, 2012, and Campos and Mico, 2006).

Employee associations: There are no worker associations in any company in Equatorial Guinea. This is because the relevant ministry does not disseminate labour laws to employees, a fact that this has been highlighted in interviews with employees of four companies and in the documents of Republic of Equatorial Guinea (2012), and by Campos and Mico (2006).

All companies are required to recruit local labour where they have Forest Harvesting Lease Agreements (CAAFs). However, this often does not happen. Reports show that Asian companies within Equatorial Guinea use more than 95% of foreign labour, leaving local populations without employment (MAGBMA, 2014; 2017).

References
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The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment documents
Check that formalized employment contracts for all workers are in place, and workers are registered in MAGBMA
2
Verify Formalization of the employment contract
3
Verify Records of employers' registration in INSESO
4
Verify Workers’ social security affiliation documents
5
Verify Insurance card
6
Verify Job certificate
7
Verify Wage registration book
8
Verify Work permits for foreigners
Check if foreign workers have work permits - during field verification
9
Verify Work inspection book
10
Visit Logging area
Check in the field (visit harvesting sites) that workers who are working correspond to those declared by the company.
11
Consult National Social Security Institute (INSESO)
12
Consult Logging company
13
Consult Forest Administration
Consult about how requirements for formalization of the work contracts for seasonal and discontinuous work has been followed.
14
Consult Local villages authorities
Consult about how requirements for formalization of the work contracts for seasonal and discontinuous work has been followed.
15
Consult Logging company workers
Consult about how requirements for formalization of the work contracts for seasonal and discontinuous work has been followed.
16
Consult National Social Security Institute (INSESO)
Consult with INSESO about minimum wage requirements at the time of logging activities.
Description of legal requirements
Employment contracts shall be established between employers and employees following legal requirements.
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•    Reformed Law of Equatorial Guinea, 2012. Article 5. d) The protection of work through which a person develops their wealth-creating personality of the nation for social welfare. Article 13. l) To freedom of work. Article 26:1. Work is a right and a social duty. The State recognizes its constructive function for the improvement of well-being and the development of national wealth. The State promotes the economic and social conditions to eliminate poverty, misery, and assures equally to the citizens of the Republic of Equatorial Guinea the possibilities of a useful occupation that allows them not to be beset by necessity. Article 26:2. The law defines the conditions to exercise of this right.
•    Law No. 10/2012, dated 24 December, on the General Work Order Reform. The law (articles 6 and 21) requires the establishment of employment contracts between employers and employees. The same law also recognizes the work of apprentices (Article 13), assistants (Article 14), temporary workers (Article 16), piecework workers (Article 17), employer rights (Article 26) and employer obligations (Article 27), workers’ rights (Article 28) and workers’ obligations (Article 29). The law also requires the employer to formalize social security at the National Social Security Institute (INSESO) in the case of occupational hazards and accidents. Chapter III establishes the requirements related to work and rest time, Chapter V establishes terms regarding remuneration and mode of payment and the minimum wage. Decree 30/2016, dated 29 Janury states the mínimum wage - 117.304 CFA francs per month. 
•    Law No. 14/1984, dated 12 November, regulates labour inspections. Article 10. The scope of the labour inspections covers, inter alia, agriculture, forestry and all its dependencies.
•    Decree No. 100/1990, dated 28 September, approving the regulations of the general social security regime in Equatorial Guinea. Article 6 establishes the need to register social security for all workers (INSESO):
6.1. The registration of employers and workers will be unique, not withstanding the casualties, dismissals and other variations that occur over time.
6.4. The insured status will be accredited by means of a permanent document, issued by the National Social Security Institute, and the personal data, membership number and family dependents must be included therein. 
Under this regulation, the insured employee will enjoy the following advantages as a legal worker: health benefits (articles 9 to 23), temporary disability benefits (articles 24 to 30), maternity benefits (articles 31 to 33), disability benefits (articles 34 to 45), old-age pensions (articles 46 to 51), death and survival allowances (articles 52 to 72) and family allowances (articles 73 to 80). 
•    Ministerial Order No. 039/1, dated 3 July 2008, regulates the financial contribution of foreign workers towards social security in Equatorial Guinea. The percentage of the total contribution of the salary is 26%, where 21.5% corresponds to the contribution of the company and 4.5% of the worker.
•    Law No. 1/1997, dated 18 February,  on the Use and Management of Forests in Equatorial Guinea.
Article 44. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country.The beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and and Social Security to the Ministry of Fisheries and Water Resources. 
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Article 66a): In accordance with the provisions of Article 62 of the current Forestry Law, the general directorates of the forest sector will develop permanent extension, training and applied research programs to promote forest development and to achieve greater participation of the population in all forestry subsector activities. In this context, the training of professional, technical and skilled labour personnel will be a priority program. Article 66) Forestry companies are also obliged to implement these programs, to contribute to these outcomes. They must permanently promote the improvement and specialization of their professional, technical and labour personnel.
 
Legally required documents
  • Formalization of the employment contract
  • Insurance card
  • Job certificate
  • Wage registration book
  • Work permits for foreigners
  • Workers’ social security affiliation documents
Applicable legislation
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1.12 Legal employment
Last updated on 2022-09-23 Lack of Registration of the Workers in the National Social Security Institute (INSESO)  Specified RISK
Despite the good social security regulations in the country, many of the employees are not registered with the National Social Security Institute. Companies hire personnel in rural areas, in close proximity to the forests, and often workers do not request the formalisation of their records of decent and legal work. This is verified in the parliamentary sessions of complaints, and petitions have been raised during parliamentary sessions over unfai... VIEW MORE

Despite the good social security regulations in the country, many of the employees are not registered with the National Social Security Institute. Companies hire personnel in rural areas, in close proximity to the forests, and often workers do not request the formalisation of their records of decent and legal work. This is verified in the parliamentary sessions of complaints, and petitions have been raised during parliamentary sessions over unfair dismissal of employees (Republic of Equatorial Guinea, 2012). To register with the social security system it is necessary to have a Personal Identification Document (DNI). The rural reality in Equatorial Guinea is that many workers in rural villages do not have an identification card. 

References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Social security cards
Check workers are registered on the social security regime of the INSESO by reviewing their social security cards at the INSESO office
2
Verify Worker contributions to INSESO
3
Consult National Social Security Institute (INSESO)
Interviews with INSESO staff and workers to verify that registration of staff at INSESO is correct and valid
Description of legal requirements
Employer shall register their employees for INSESO in the case of occupational hazards and accidents
VIEW MORE
•    Reformed Law of Equatorial Guinea, 2012. Article 5. d) The protection of work through which a person develops their wealth-creating personality of the nation for social welfare. Article 13. l) To freedom of work. Article 26:1. Work is a right and a social duty. The State recognizes its constructive function for the improvement of well-being and the development of national wealth. The State promotes the economic and social conditions to eliminate poverty, misery, and assures equally to the citizens of the Republic of Equatorial Guinea the possibilities of a useful occupation that allows them not to be beset by necessity. Article 26:2. The law defines the conditions to exercise of this right.
•    Law No. 10/2012, dated 24 December, on the General Work Order Reform. The law (articles 6 and 21) requires the establishment of employment contracts between employers and employees. The same law also recognizes the work of apprentices (Article 13), assistants (Article 14), temporary workers (Article 16), piecework workers (Article 17), employer rights (Article 26) and employer obligations (Article 27), workers’ rights (Article 28) and workers’ obligations (Article 29). The law also requires the employer to formalize social security at the National Social Security Institute (INSESO) in the case of occupational hazards and accidents. Chapter III establishes the requirements related to work and rest time, Chapter V establishes terms regarding remuneration and mode of payment and the minimum wage. Decree 30/2016, dated 29 Janury states the mínimum wage - 117.304 CFA francs per month. 
•    Law No. 14/1984, dated 12 November, regulates labour inspections. Article 10. The scope of the labour inspections covers, inter alia, agriculture, forestry and all its dependencies.
•    Decree No. 100/1990, dated 28 September, approving the regulations of the general social security regime in Equatorial Guinea. Article 6 establishes the need to register social security for all workers (INSESO):
6.1. The registration of employers and workers will be unique, not withstanding the casualties, dismissals and other variations that occur over time.
6.4. The insured status will be accredited by means of a permanent document, issued by the National Social Security Institute, and the personal data, membership number and family dependents must be included therein. 
Under this regulation, the insured employee will enjoy the following advantages as a legal worker: health benefits (articles 9 to 23), temporary disability benefits (articles 24 to 30), maternity benefits (articles 31 to 33), disability benefits (articles 34 to 45), old-age pensions (articles 46 to 51), death and survival allowances (articles 52 to 72) and family allowances (articles 73 to 80). 
•    Ministerial Order No. 039/1, dated 3 July 2008, regulates the financial contribution of foreign workers towards social security in Equatorial Guinea. The percentage of the total contribution of the salary is 26%, where 21.5% corresponds to the contribution of the company and 4.5% of the worker.
•    Law No. 1/1997, dated 18 February,  on the Use and Management of Forests in Equatorial Guinea.
Article 44. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country.The beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and and Social Security to the Ministry of Fisheries and Water Resources. 
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Article 66a): In accordance with the provisions of Article 62 of the current Forestry Law, the general directorates of the forest sector will develop permanent extension, training and applied research programs to promote forest development and to achieve greater participation of the population in all forestry subsector activities. In this context, the training of professional, technical and skilled labour personnel will be a priority program. Article 66) Forestry companies are also obliged to implement these programs, to contribute to these outcomes. They must permanently promote the improvement and specialization of their professional, technical and labour personnel.
 
Legally required documents
  • Formalization of the employment contract
  • Insurance card
  • Job certificate
  • Wage registration book
  • Work permits for foreigners
  • Workers’ social security affiliation documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-09-23 Lack of Training of Employees by the Forestry Companies Specified RISK
Lack of training and maintenance of employees. Companies do not invest in strengthening the employee capacity, according to the interview result with company employees.... VIEW MORE

Lack of training and maintenance of employees. Companies do not invest in strengthening the employee capacity, according to the interview result with company employees.

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Company training records
2
Consult Logging company workers
Interviews with staff/workers engaged in special areas of work shall provide confidence that they have attended specific training applicable to their role and responsibilities, and have obtained the relevant level of qualification for the task they perform
Description of legal requirements
Forestry companies are obliged to implement training programmes of professional, technical and skilled labour personnel
VIEW MORE
•    Reformed Law of Equatorial Guinea, 2012. Article 5. d) The protection of work through which a person develops their wealth-creating personality of the nation for social welfare. Article 13. l) To freedom of work. Article 26:1. Work is a right and a social duty. The State recognizes its constructive function for the improvement of well-being and the development of national wealth. The State promotes the economic and social conditions to eliminate poverty, misery, and assures equally to the citizens of the Republic of Equatorial Guinea the possibilities of a useful occupation that allows them not to be beset by necessity. Article 26:2. The law defines the conditions to exercise of this right.
•    Law No. 10/2012, dated 24 December, on the General Work Order Reform. The law (articles 6 and 21) requires the establishment of employment contracts between employers and employees. The same law also recognizes the work of apprentices (Article 13), assistants (Article 14), temporary workers (Article 16), piecework workers (Article 17), employer rights (Article 26) and employer obligations (Article 27), workers’ rights (Article 28) and workers’ obligations (Article 29). The law also requires the employer to formalize social security at the National Social Security Institute (INSESO) in the case of occupational hazards and accidents. Chapter III establishes the requirements related to work and rest time, Chapter V establishes terms regarding remuneration and mode of payment and the minimum wage. Decree 30/2016, dated 29 Janury states the mínimum wage - 117.304 CFA francs per month. 
•    Law No. 14/1984, dated 12 November, regulates labour inspections. Article 10. The scope of the labour inspections covers, inter alia, agriculture, forestry and all its dependencies.
•    Decree No. 100/1990, dated 28 September, approving the regulations of the general social security regime in Equatorial Guinea. Article 6 establishes the need to register social security for all workers (INSESO):
6.1. The registration of employers and workers will be unique, not withstanding the casualties, dismissals and other variations that occur over time.
6.4. The insured status will be accredited by means of a permanent document, issued by the National Social Security Institute, and the personal data, membership number and family dependents must be included therein. 
Under this regulation, the insured employee will enjoy the following advantages as a legal worker: health benefits (articles 9 to 23), temporary disability benefits (articles 24 to 30), maternity benefits (articles 31 to 33), disability benefits (articles 34 to 45), old-age pensions (articles 46 to 51), death and survival allowances (articles 52 to 72) and family allowances (articles 73 to 80). 
•    Ministerial Order No. 039/1, dated 3 July 2008, regulates the financial contribution of foreign workers towards social security in Equatorial Guinea. The percentage of the total contribution of the salary is 26%, where 21.5% corresponds to the contribution of the company and 4.5% of the worker.
•    Law No. 1/1997, dated 18 February,  on the Use and Management of Forests in Equatorial Guinea.
Article 44. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country.The beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and and Social Security to the Ministry of Fisheries and Water Resources. 
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Article 66a): In accordance with the provisions of Article 62 of the current Forestry Law, the general directorates of the forest sector will develop permanent extension, training and applied research programs to promote forest development and to achieve greater participation of the population in all forestry subsector activities. In this context, the training of professional, technical and skilled labour personnel will be a priority program. Article 66) Forestry companies are also obliged to implement these programs, to contribute to these outcomes. They must permanently promote the improvement and specialization of their professional, technical and labour personnel.
 
Legally required documents
  • Formalization of the employment contract
  • Insurance card
  • Job certificate
  • Wage registration book
  • Work permits for foreigners
  • Workers’ social security affiliation documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-09-23 The mechanisms for distributing the forest benefits between the parties are not applied in a way to ensure benefits to all communities. Specified RISK
Mechanisms for distributing forest benefits are not effectively applied. The distribution of benefits derived from forest resources suffers inequities among parties. According to information obtained during surveys, bribes have been registered between officials, companies and local authorities. Some companies do conduct social works legally, in which the forest administration is involved. The communities choose the work, communicate it to the adm... VIEW MORE

Mechanisms for distributing forest benefits are not effectively applied. The distribution of benefits derived from forest resources suffers inequities among parties. According to information obtained during surveys, bribes have been registered between officials, companies and local authorities. Some companies do conduct social works legally, in which the forest administration is involved. The communities choose the work, communicate it to the administration, the administration manages a tender process and authorizes the construction company with the best offer.The forestry company pays the construction company in the presence of the forest administration, and the money invested in the social works benefits the entire community. However, in contrast, companies operating illegally and who want to exploit a communal forest, negotiate and pay the money directly to the village council, so that they are allowed to enter the forest. In these cases, there is no official agency that intervenes between the illegal company and the council, so that the money does not reach the community. For example, during the construction of social works, the president of the town council does not transparently inform the population of the amount received from the company, because the town council does not have consensus among all the families. This leads to habitual misunderstanding among different families within the same community; and results in some families receiving greater benefits from the village council (MAGBMA, 2014 and 2017). As mentioned, it is concluded that there is a risk that the 85% economic benefits deriving from the use of a communal forest – which are legally required to be allocated to the beneficiary community – are not paid; and benefits paid are not distributed equally among all families in the community. 

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify List of priority works (Listado de Obras Sociales) for the community, agreed and
Check that the document is agreed and signed by members of the village council. Verify that it includes a budget, and proof of payment of the social works carried out. Check that the cost of carrying out said works corresponds to what is paid according to the area used. This needs to be checked during field verification.
2
Verify Technical reports
Review technical reports on social works, awarded in relation to contracts for exploitation of forest use. This needs to be checked during field verification.
3
Visit Logging area
Visits to the logging area, to verify the degree of compliance to implement works stated in “A list of Priority Works”
4
Visit Town councils
Visits to the town councils, to verify the degree of compliance to implement works stated in “A list of Priority Works”
5
Consult Forest Administration
Interview forest administration and control agent (person should be appointed by the forest administration to report monthly on the use and implementation of the planned communal works) about implementation of planned communal works.
6
Consult Local communities
Interview community members if the communal works were implemented
Description of legal requirements
85% of the economic benefits from the use of a communal forest shall be allocated to the beneficiary community (stated in the “List of Priority Works” as part of Harvesting Permit)
VIEW MORE
•    Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes that, within the forest production domain, the following forest types are identified:
a.    Privately owned forests: these are small patches of natural or re-established forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a harvesting permit (Autorización de Apeo)  granted by the forest administration;
b.    Communal forests: areas of natural or re-established forests that the State recognizes, limits and awards in permanent use to rural communities, for their traditional use; these forests must be adjacent to the community.
c.    National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.
Article 16. For the purpose of this law, forest use includes obtaining forest products in their natural state for subsistence, when the harvester requires wild flora for their own or their family’s consumption. 
Article 24: within the communal forests, members of the community may carry out activities for subsistence purposes. The products resulting from the use of these forests will be destined solely and exclusively for the development of the respective communities
Article 29.  Within national forests, the right may be granted free of charge or at symbolic prices to residents of neighbouring communities for small areas for food crops and isolated trees for housing construction, canopies and the like, using appropriate species.
Article 35 b(5). Commitment of social works. The contractor is required to undertake social works in towns and municipalities surrounding the forest area harvested. These works will be specified, with projects and budgets, later through a contract signed with the government at the recommendation of the beneficiaries. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will deposit, into a local bank, a bond equivalent to 50% of the total cost of the works.
Article 43. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets nestled within their area as well as allow free access to the inhabitants of rural communities nestled within it for the traditional use of all necessary wild resources.
Article 60. It is of national interest that the population participates directly, actively, and numerously in all forestry activities; therefore, activities will be provided that promote and encourage the use of labour and from which residents can obtain greater direct benefits.
Article 63. The responsible ministry will provide technical assistance to forestry and restocking activities. Rural settlers who live in border areas will enjoy special treatment regarding these activities.

Article 90. The State shall promote and grant economic and tax incentives, specific or general, to the following activities, specifically d) the establishment of small forest industries, in rural areas.

Article 101. The occupation of land in the communal forests, privately owned forests and national forests without authorization will be punished with imprisonment, of no less than one month and no more than two years, depending on the seriousness of the crime, as well as compensation for the damages caused.
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 1 (4) c): the usufruct granted to rural communities in communal forests for traditional uses will be made in order for these populations to carry out forestry activities exclusively for their supply, and if necessary and justified for commercial purposes either for local markets or for export.
Article 11. For the purposes of this regulation, subsistence exploitation is considered to be the extraction of NTFPs whose product is only intended for the direct domestic consumption of the harvester and their family; either for energy, food, cultural, medicinal or construction purposes. The extraction for subsistence purposes may be carried out in privately owned forests, communal forests, or national forests.
Article 12. When subsistence extraction consists of annual volumes of less than the equivalent of three commercial trees, it shall be exempt from the payment of fees and administrative processing.
Article 13. The use of subsistence NTFPs may only be carried out in forests adjacent to the usual place of residence of the extractor and is free of charge.
Article 29. The government will grant each community a certificate of recognition of the communal forest if desired.
Article 32. The communal forests must be adjacent to the beneficiary community, and their definitive limits will be considered by the forestry sector.
Article 33. Forest harvesting in communal forests may be carried out only with prior authorization of the responsible ministry, at the request of the community to which the communal forest belongs. 
Article 35. If forest exploitation is carried out by a company, the corresponding exploitation contract will be  and be endorsed by the forest administration, for monitoring purposes.
Article 36. The responsible ministry will issue the Harvesting permit in the communal forests after satisfactory analysis of the documentation presented, and a verification inspection in the proposed cutting area. The Harvesting permit will be valid for one year from the date of issue.
Article 37. When a communal forest is exploited by a forestry company, 85% of the economic benefits from the use of a communal forest will be allocated to the beneficiary community.
Article 38. During the exploitation of communal forests, the forest administration will highlight a control agent, who will report monthly on the use and implementation of the planned communal works.
Article 44. In order to guarantee jobs for nationals, the beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country. For this purpose, the beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and Social SecurityMinistry of Labour and Social Security periodically to the Ministry of Agriculture, Livestock, Forestry and EnvironmentMinistry for Agriculture, Livestock, Forests and the Environment.
Article 61. Because of their nutritional importance to rural populations, harvesting is prohibited for the following species: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. 
Article 67. Forestry companies that establish small forest industries in rural areas, with the creation of jobs for these populations and carrying out non-contractual social works in said environment will receive support from the State.
•    Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. Article 7. Traditional property of the common lands of the towns, tribes or native family groups, those of their family preserves and those of their family patrimony are recognized. These lands which are habitually occupied for residential or agricultural purposes, do not require the intervention of a legal act of attribution of title deeds.
 
Legally required documents
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Certificate of the village council to clearly show the peaceful family or town council occupation of a given space
  • Forest harvesting contracts are endorsed by the forestry administration if the forest use is carried out by a company
  • List of priority works (Listado de Obras Sociales) for the community, agreed and signed by members of the council
Applicable legislation
  • Decree 30/2016, dated 29 Janury states the mínimum wage - 117.304 CFA francs per month, 2016.
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
  • Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea, 2009.
VIEW LESS
1.13 Customary rights
Last updated on 2022-09-23 Lack of social works in the villages and municipalities surrounding the forest area harvested Specified RISK
•    Forestry law and its implementing regulations are not disclosed and explained to local communities, and therefore that customary rights recognized in these legal instruments are not recognized and protected by local populations. This lack of knowledge about their ancestral and customary rights explains the number of illegal harvesting activities happening in their forests, without corresponding complaints by local communities to the for... VIEW MORE•    Forestry law and its implementing regulations are not disclosed and explained to local communities, and therefore that customary rights recognized in these legal instruments are not recognized and protected by local populations. This lack of knowledge about their ancestral and customary rights explains the number of illegal harvesting activities happening in their forests, without corresponding complaints by local communities to the forest administration. This lack of information also demonstrates the poor level of legalization /registration of the forests belonging to local communities (MAGBMA, 2014 and 2017).
•    The law does not determine the heirs to forests or land plots. In the Fang, Ndowe and Bubi culture, the birthright is common: according to which all rights are automatically received by the firstborn; women who become members of their husband’s families following marriage usually do not have the right to inherit. Women have the right to buy and sell property and goods, but in practice society allows few women access to funds that allow for little more than owning a small property that includes a modest house (La mujer en Guinea Ecuatorial, nd).
•    Mechanisms for distributing forest benefits are not effectively applied. The distribution of benefits derived from forest resources suffers inequities among parties. According to information obtained during surveys, bribes have been registered between officials, companies and local authorities. Some companies do conduct social works legally, in which the forest administration is involved. The communities choose the work, communicate it to the administration, the administration manages a tender process and authorizes the construction company with the best offer.The forestry company pays the construction company in the presence of the forest administration, and the money invested in the social works benefits the entire community. However, in contrast, companies operating illegally and who want to exploit a communal forest, negotiate and pay the money directly to the village council, so that they are allowed to enter the forest. In these cases, there is no official agency that intervenes between the illegal company and the council, so that the money does not reach the community. For example, during the construction of social works, the president of the town council does not transparently inform the population of the amount received from the company, because the town council does not have consensus among all the families. This leads to habitual misunderstanding among different families within the same community; and results in some families receiving greater benefits from the village council (MAGBMA, 2014 and 2017). As mentioned, it is concluded that there is a risk that the 85% economic benefits deriving from the use of a communal forest – which are legally required to be allocated to the beneficiary community – are not paid; and benefits paid are not distributed equally among all families in the community. 
•    On many occasions, there is a risk that forest exploitation will be carried out without respecting the restriction on forest exploitation within a radius of 2,000 metres of the village. Companies take advantage of the territory under a previous agreement with the village; however, this is not legally allowed. This area is reserved to allow communities to carry out agricultural, hunting, artisanal and fishing activities. In this way, free access to the traditional use of wild resources by the inhabitants of rural communities is violated.
•    There is a risk that during harvesting, fruit trees that provide a source of food for local populations are not respected, such as; Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines.
•    All companies are required to recruit local labour where they have forest leasing agreements (CAAF). Reports show Asian companies employ more than 95% of foreign labour. So, they do not recruit national labour, resulting in a lack of benefits for the local population (MAGBMA, 2014 and 2017).
•    Companies improperly occupy traditional communal and ancestral forests recognized by national laws. Such occupation is illegal due to lack of government authorizations and lack of contracts with the local population who own the forest. Companies are known to take advantage of prohibited species  local populations use for their multiple purposes. Companies exploit forests quickly to avoid accounting of their production and control of management rules, companies prefer to pay a penalty which is modest. This causes conflicts between companies and the population (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).
•    There is a risk that Harvesting permit (Autorización de Apeo) issued for subsistence becomes a commercial activity to supply the demand for sawn timber in domestic markets. Presidents of the community  councils  request Harvesting permit (Autorización de Apeo)for subsistence purpose and use the timber to be sold on markets in the cities. The benefits of such sale are particular, and the population do not benefit (MAGBMA, 2018a).
 
References
VIEW LESS
The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Social works commitment
The social works will be specified, with projects and budgets, in a contract signed by the government on the recommendation of the beneficiaries
2
Verify Deposit to the local commercial bank
CAAF holder shall deposit a bond equivalent to 50% of the total cost of the works
3
Visit Local communities

Visit villages and municipalities and observe that social works have been or are in the process of being implemented.

Consult to verify the degree of compliance to implement social works

4
Consult Forest Administration
Consult to verify the degree of compliance to implement social works
5
Consult Local villages authorities
Consult to verify the degree of compliance to implement social works
Description of legal requirements
Company shall execute social works in the villages and municipalities surrounding the forest area harvested. CAAF holder shall deposit a bond equivalent to 50% of the total cost of the works
VIEW MORE
•    Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes that, within the forest production domain, the following forest types are identified:
a.    Privately owned forests: these are small patches of natural or re-established forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a harvesting permit (Autorización de Apeo)  granted by the forest administration;
b.    Communal forests: areas of natural or re-established forests that the State recognizes, limits and awards in permanent use to rural communities, for their traditional use; these forests must be adjacent to the community.
c.    National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.
Article 16. For the purpose of this law, forest use includes obtaining forest products in their natural state for subsistence, when the harvester requires wild flora for their own or their family’s consumption. 
Article 24: within the communal forests, members of the community may carry out activities for subsistence purposes. The products resulting from the use of these forests will be destined solely and exclusively for the development of the respective communities
Article 29.  Within national forests, the right may be granted free of charge or at symbolic prices to residents of neighbouring communities for small areas for food crops and isolated trees for housing construction, canopies and the like, using appropriate species.
Article 35 b(5). Commitment of social works. The contractor is required to undertake social works in towns and municipalities surrounding the forest area harvested. These works will be specified, with projects and budgets, later through a contract signed with the government at the recommendation of the beneficiaries. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will deposit, into a local bank, a bond equivalent to 50% of the total cost of the works.
Article 43. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets nestled within their area as well as allow free access to the inhabitants of rural communities nestled within it for the traditional use of all necessary wild resources.
Article 60. It is of national interest that the population participates directly, actively, and numerously in all forestry activities; therefore, activities will be provided that promote and encourage the use of labour and from which residents can obtain greater direct benefits.
Article 63. The responsible ministry will provide technical assistance to forestry and restocking activities. Rural settlers who live in border areas will enjoy special treatment regarding these activities.

Article 90. The State shall promote and grant economic and tax incentives, specific or general, to the following activities, specifically d) the establishment of small forest industries, in rural areas.

Article 101. The occupation of land in the communal forests, privately owned forests and national forests without authorization will be punished with imprisonment, of no less than one month and no more than two years, depending on the seriousness of the crime, as well as compensation for the damages caused.
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 1 (4) c): the usufruct granted to rural communities in communal forests for traditional uses will be made in order for these populations to carry out forestry activities exclusively for their supply, and if necessary and justified for commercial purposes either for local markets or for export.
Article 11. For the purposes of this regulation, subsistence exploitation is considered to be the extraction of NTFPs whose product is only intended for the direct domestic consumption of the harvester and their family; either for energy, food, cultural, medicinal or construction purposes. The extraction for subsistence purposes may be carried out in privately owned forests, communal forests, or national forests.
Article 12. When subsistence extraction consists of annual volumes of less than the equivalent of three commercial trees, it shall be exempt from the payment of fees and administrative processing.
Article 13. The use of subsistence NTFPs may only be carried out in forests adjacent to the usual place of residence of the extractor and is free of charge.
Article 29. The government will grant each community a certificate of recognition of the communal forest if desired.
Article 32. The communal forests must be adjacent to the beneficiary community, and their definitive limits will be considered by the forestry sector.
Article 33. Forest harvesting in communal forests may be carried out only with prior authorization of the responsible ministry, at the request of the community to which the communal forest belongs. 
Article 35. If forest exploitation is carried out by a company, the corresponding exploitation contract will be  and be endorsed by the forest administration, for monitoring purposes.
Article 36. The responsible ministry will issue the Harvesting permit in the communal forests after satisfactory analysis of the documentation presented, and a verification inspection in the proposed cutting area. The Harvesting permit will be valid for one year from the date of issue.
Article 37. When a communal forest is exploited by a forestry company, 85% of the economic benefits from the use of a communal forest will be allocated to the beneficiary community.
Article 38. During the exploitation of communal forests, the forest administration will highlight a control agent, who will report monthly on the use and implementation of the planned communal works.
Article 44. In order to guarantee jobs for nationals, the beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country. For this purpose, the beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and Social SecurityMinistry of Labour and Social Security periodically to the Ministry of Agriculture, Livestock, Forestry and EnvironmentMinistry for Agriculture, Livestock, Forests and the Environment.
Article 61. Because of their nutritional importance to rural populations, harvesting is prohibited for the following species: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. 
Article 67. Forestry companies that establish small forest industries in rural areas, with the creation of jobs for these populations and carrying out non-contractual social works in said environment will receive support from the State.
•    Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. Article 7. Traditional property of the common lands of the towns, tribes or native family groups, those of their family preserves and those of their family patrimony are recognized. These lands which are habitually occupied for residential or agricultural purposes, do not require the intervention of a legal act of attribution of title deeds.
 
Legally required documents
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Certificate of the village council to clearly show the peaceful family or town council occupation of a given space
  • Forest harvesting contracts are endorsed by the forestry administration if the forest use is carried out by a company
  • List of priority works (Listado de Obras Sociales) for the community, agreed and signed by members of the council
Applicable legislation
  • Decree 30/2016, dated 29 Janury states the mínimum wage - 117.304 CFA francs per month, 2016.
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
  • Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea, 2009.
VIEW LESS
1.13 Customary rights
Last updated on 2022-09-23 There is a risk that fruit trees are harvested during the logging Specified RISK
There is a risk that during harvesting, fruit trees that provide a source of food for local populations are not respected, such as; Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines.... VIEW MORE

There is a risk that during harvesting, fruit trees that provide a source of food for local populations are not respected, such as; Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines.

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Inspection reports
Review inspection reports on violations in relation to fruit trees of communities that may be affected by harvesting. The reports should be found in the Forest administration.
2
Consult Local communities
Consult to verify that fruit trees were not harvested
3
Consult Forest Administration
Consult to verify that fruit trees were not harvested
4
Consult Local villages authorities
Consult to verify that fruit trees were not harvested
5
Consult Local communities
Consult to verify that fruit trees were not harvested
6
Visit Logging area
Field verification of the logging area to check that fruit trees were not harvested
Description of legal requirements
Fruit trees suitable for human consumption or/and medicines shall not be harvested
VIEW MORE

•   Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes that, within the forest production domain, the following forest types are identified:

a.   Privately owned forests: these are small patches of natural or re-established forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a harvesting permit (Autorización de Apeo) granted by the forest administration;

b.   Communal forests: areas of natural or re-established forests that the State recognizes, limits and awards in permanent use to rural communities, for their traditional use; these forests must be adjacent to the community.

c.   National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.

Article 16. For the purpose of this law, forest use includes obtaining forest products in their natural state for subsistence, when the harvester requires wild flora for their own or their family’s consumption. 

Article 24: within the communal forests, members of the community may carry out activities for subsistence purposes. The products resulting from the use of these forests will be destined solely and exclusively for the development of the respective communities

Article 29. Within national forests, the right may be granted free of charge or at symbolic prices to residents of neighboring communities for small areas for food crops and isolated trees for housing construction, canopies and the like, using appropriate species.

Article 35 b(5). Commitment of social works. The contractor is required to undertake social works in towns and municipalities surrounding the forest area harvested. These works will be specified, with projects and budgets, later through a contract signed with the government at the recommendation of the beneficiaries. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will deposit, into a local bank, a bond equivalent to 50% of the total cost of the works.

Article 43. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets nestled within their area as well as allow free access to the inhabitants of rural communities nestled within it for the traditional use of all necessary wild resources.

Article 60. It is of national interest that the population participates directly, actively, and numerously in all forestry activities; therefore, activities will be provided that promote and encourage the use of labour and from which residents can obtain greater direct benefits.

Article 63. The responsible ministry will provide technical assistance to forestry and restocking activities. Rural settlers who live in border areas will enjoy special treatment regarding these activities.

Article 90. The State shall promote and grant economic and tax incentives, specific or general, to the following activities, specifically d) the establishment of small forest industries, in rural areas.

Article 101. The occupation of land in the communal forests, privately owned forests and national forests without authorization will be punished with imprisonment, of no less than one month and no more than two years, depending on the seriousness of the crime, as well as compensation for the damages caused.

•   Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 1 (4) c): the usufruct granted to rural communities in communal forests for traditional uses will be made in order for these populations to carry out forestry activities exclusively for their supply, and if necessary and justified for commercial purposes either for local markets or for export.

Article 11. For the purposes of this regulation, subsistence exploitation is considered to be the extraction of NTFPs whose product is only intended for the direct domestic consumption of the harvester and their family; either for energy, food, cultural, medicinal or construction purposes. The extraction for subsistence purposes may be carried out in privately owned forests, communal forests, or national forests.

Article 12. When subsistence extraction consists of annual volumes of less than the equivalent of three commercial trees, it shall be exempt from the payment of fees and administrative processing.

Article 13. The use of subsistence NTFPs may only be carried out in forests adjacent to the usual place of residence of the extractor and is free of charge.

Article 29. The government will grant each community a certificate of recognition of the communal forest if desired.

Article 32. The communal forests must be adjacent to the beneficiary community, and their definitive limits will be considered by the forestry sector.

Article 33. Forest harvesting in communal forests may be carried out only with prior authorization of the responsible ministry, at the request of the community to which the communal forest belongs. 

Article 35. If forest exploitation is carried out by a company, the corresponding exploitation contract will be and be endorsed by the forest administration, for monitoring purposes.

Article 36. The responsible ministry will issue the Harvesting permit in the communal forests after satisfactory analysis of the documentation presented, and a verification inspection in the proposed cutting area. The Harvesting permit will be valid for one year from the date of issue.

Article 37. When a communal forest is exploited by a forestry company, 85% of the economic benefits from the use of a communal forest will be allocated to the beneficiary community.

Article 38. During the exploitation of communal forests, the forest administration will highlight a control agent, who will report monthly on the use and implementation of the planned communal works.

Article 44. In order to guarantee jobs for nationals, the beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country. For this purpose, the beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and Social SecurityMinistry of Labour and Social Security periodically to the Ministry of Agriculture, Livestock, Forestry and EnvironmentMinistry for Agriculture, Livestock, Forests and the Environment.

Article 61. Because of their nutritional importance to rural populations, harvesting is prohibited for the following species: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. 

Article 67. Forestry companies that establish small forest industries in rural areas, with the creation of jobs for these populations and carrying out non-contractual social works in said environment will receive support from the State.

•   Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. Article 7. Traditional property of the common lands of the towns, tribes or native family groups, those of their family preserves and those of their family patrimony are recognized. These lands which are habitually occupied for residential or agricultural purposes, do not require the intervention of a legal act of attribution of title deeds.

Legally required documents
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Certificate of the village council to clearly show the peaceful family or town council occupation of a given space
  • Forest harvesting contracts are endorsed by the forestry administration if the forest use is carried out by a company
  • List of priority works (Listado de Obras Sociales) for the community, agreed and signed by members of the council
Applicable legislation
  • Decree 30/2016, dated 29 Janury states the mínimum wage - 117.304 CFA francs per month, 2016.
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
  • Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea, 2009.
VIEW LESS
1.15 Indigenous/traditional peoples rights
Last updated on 2022-09-23 Not all companies hire local workers  Specified RISK
Traditional land properties are recognized by an Indigenous community, tribe or family groups or local communities. This recognition is limited in the sense that, if a property has significant wealth, there will be conflicts of attributions. This occurs in privately owned forests and in the forests of a tribe that is located in two or three neighbouring villages. It is costly for the forest administration to distribute aforementioned forests (MAG... VIEW MORETraditional land properties are recognized by an Indigenous community, tribe or family groups or local communities. This recognition is limited in the sense that, if a property has significant wealth, there will be conflicts of attributions. This occurs in privately owned forests and in the forests of a tribe that is located in two or three neighbouring villages. It is costly for the forest administration to distribute aforementioned forests (MAGBMA, 2014, 2017, 2018a).
•    Forestry law and its implementing regulations are not disclosed and explained to local communities, and therefore that customary rights recognized in these legal instruments are not recognized and protected by local populations. This lack of knowledge about their ancestral and customary rights explains the number of illegal harvesting activities happening in their forests, without corresponding complaints by local communities to the forest administration. This lack of information also demonstrates the poor level of legalization /registration of the forests belonging to local communities (MAGBMA, 2014 and 2017).
•    The law does not determine the heirs to forests or land plots. In the Fang, Ndowe and Bubi culture, the birthright is common: according to which all rights are automatically received by the firstborn; women who become members of their husband’s families following marriage usually do not have the right to inherit. Women have the right to buy and sell property and goods, but in practice society allows few women access to funds that allow for little more than owning a small property that includes a modest house (La mujer en Guinea Ecuatorial, nd).
•    Mechanisms for distributing forest benefits are not effectively applied. The distribution of benefits derived from forest resources suffers inequities among parties. According to information obtained during surveys, bribes have been registered between officials, companies and local authorities. Some companies do conduct social works legally, in which the forest administration is involved. The communities choose the work, communicate it to the administration, the administration manages a tender process and authorizes the construction company with the best offer.The forestry company pays the construction company in the presence of the forest administration, and the money invested in the social works benefits the entire community. However, in contrast, companies operating illegally and who want to exploit a communal forest, negotiate and pay the money directly to the village council, so that they are allowed to enter the forest. In these cases, there is no official agency that intervenes between the illegal company and the council, so that the money does not reach the community. For example, during the construction of social works, the president of the town council does not transparently inform the population of the amount received from the company, because the town council does not have consensus among all the families. This leads to habitual misunderstanding among different families within the same community; and results in some families receiving greater benefits from the village council (MAGBMA, 2014 and 2017). As mentioned, it is concluded that there is a risk that the 85% economic benefits deriving from the use of a communal forest – which are legally required to be allocated to the beneficiary community – are not paid; and benefits paid are not distributed equally among all families in the community. 
•    On many occasions, there is a risk that forest exploitation will be carried out without respecting the restriction on forest exploitation within a radius of 2,000 metres of the village. Companies take advantage of the territory under a previous agreement with the village; however, this is not legally allowed. This area is reserved to allow communities to carry out agricultural, hunting, artisanal and fishing activities. In this way, free access to the traditional use of wild resources by the inhabitants of rural communities is violated.
•    There is a risk that during harvesting, fruit trees that provide a source of food for local populations are not respected, such as; Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines.
•    All companies are required to recruit local labour where they have forest leasing agreements (CAAF). Reports show Asian companies employ more than 95% of foreign labour. So, they do not recruit national labour, resulting in a lack of benefits for the local population (MAGBMA, 2014 and 2017).
•    Companies improperly occupy traditional communal and ancestral forests recognized by national laws. Such occupation is illegal due to lack of government authorizations and lack of contracts with the local population who own the forest. Companies are known to take advantage of prohibited species  local populations use for their multiple purposes. Companies exploit forests quickly to avoid accounting of their production and control of management rules, companies prefer to pay a penalty which is modest. This causes conflicts between companies and the population (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).
•    There is a risk that Harvesting permit (Autorización de Apeo) issued for subsistence becomes a commercial activity to supply the demand for sawn timber in domestic markets. Presidents of the community  councils  request Harvesting permit (Autorización de Apeo)for subsistence purpose and use the timber to be sold on markets in the cities. The benefits of such sale are particular, and the population do not benefit (MAGBMA, 2018a).
 
References
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The risk applies to the following source types
  • National Forests (Forests concessions) (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment documents
Review employment contracts to verify that employees are local workers. This should be done during field verification
2
Visit Logging company
Verify that the company recruits local labour in the areas where the exploitation is carried out.
3
Consult Local communities
Consult to verify that local workers were hired.
4
Consult Forest Administration
Consult to verify that local workers were hired.
5
Consult Local villages authorities
Consult to verify that local workers were hired.
6
Consult Local communities
Consult to verify that local workers were hired.
Description of legal requirements
Holder of the CAAF is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country
VIEW MORE
•    Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes that, within the forest production domain, the following forest types are identified:
a.    Privately owned forests: these are small patches of natural or re-established forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a harvesting permit (Autorización de Apeo)  granted by the forest administration;
b.    Communal forests: areas of natural or re-established forests that the State recognizes, limits and awards in permanent use to rural communities, for their traditional use; these forests must be adjacent to the community.
c.    National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.
Article 16. For the purpose of this law, forest use includes obtaining forest products in their natural state for subsistence, when the harvester requires wild flora for their own or their family’s consumption. 
Article 24: within the communal forests, members of the community may carry out activities for subsistence purposes. The products resulting from the use of these forests will be destined solely and exclusively for the development of the respective communities
Article 29.  Within national forests, the right may be granted free of charge or at symbolic prices to residents of neighbouring communities for small areas for food crops and isolated trees for housing construction, canopies and the like, using appropriate species.
Article 35 b(5). Commitment of social works. The contractor is required to undertake social works in towns and municipalities surrounding the forest area harvested. These works will be specified, with projects and budgets, later through a contract signed with the government at the recommendation of the beneficiaries. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will deposit, into a local bank, a bond equivalent to 50% of the total cost of the works.
Article 43. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets nestled within their area as well as allow free access to the inhabitants of rural communities nestled within it for the traditional use of all necessary wild resources.
Article 60. It is of national interest that the population participates directly, actively, and numerously in all forestry activities; therefore, activities will be provided that promote and encourage the use of labour and from which residents can obtain greater direct benefits.
Article 63. The responsible ministry will provide technical assistance to forestry and restocking activities. Rural settlers who live in border areas will enjoy special treatment regarding these activities.

Article 90. The State shall promote and grant economic and tax incentives, specific or general, to the following activities, specifically d) the establishment of small forest industries, in rural areas.

Article 101. The occupation of land in the communal forests, privately owned forests and national forests without authorization will be punished with imprisonment, of no less than one month and no more than two years, depending on the seriousness of the crime, as well as compensation for the damages caused.
•    Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 1 (4) c): the usufruct granted to rural communities in communal forests for traditional uses will be made in order for these populations to carry out forestry activities exclusively for their supply, and if necessary and justified for commercial purposes either for local markets or for export.
Article 11. For the purposes of this regulation, subsistence exploitation is considered to be the extraction of NTFPs whose product is only intended for the direct domestic consumption of the harvester and their family; either for energy, food, cultural, medicinal or construction purposes. The extraction for subsistence purposes may be carried out in privately owned forests, communal forests, or national forests.
Article 12. When subsistence extraction consists of annual volumes of less than the equivalent of three commercial trees, it shall be exempt from the payment of fees and administrative processing.
Article 13. The use of subsistence NTFPs may only be carried out in forests adjacent to the usual place of residence of the extractor and is free of charge.
Article 29. The government will grant each community a certificate of recognition of the communal forest if desired.
Article 32. The communal forests must be adjacent to the beneficiary community, and their definitive limits will be considered by the forestry sector.
Article 33. Forest harvesting in communal forests may be carried out only with prior authorization of the responsible ministry, at the request of the community to which the communal forest belongs. 
Article 35. If forest exploitation is carried out by a company, the corresponding exploitation contract will be  and be endorsed by the forest administration, for monitoring purposes.
Article 36. The responsible ministry will issue the Harvesting permit in the communal forests after satisfactory analysis of the documentation presented, and a verification inspection in the proposed cutting area. The Harvesting permit will be valid for one year from the date of issue.
Article 37. When a communal forest is exploited by a forestry company, 85% of the economic benefits from the use of a communal forest will be allocated to the beneficiary community.
Article 38. During the exploitation of communal forests, the forest administration will highlight a control agent, who will report monthly on the use and implementation of the planned communal works.
Article 44. In order to guarantee jobs for nationals, the beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country. For this purpose, the beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and Social SecurityMinistry of Labour and Social Security periodically to the Ministry of Agriculture, Livestock, Forestry and EnvironmentMinistry for Agriculture, Livestock, Forests and the Environment.
Article 61. Because of their nutritional importance to rural populations, harvesting is prohibited for the following species: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. 
Article 67. Forestry companies that establish small forest industries in rural areas, with the creation of jobs for these populations and carrying out non-contractual social works in said environment will receive support from the State.
•    Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. Article 7. Traditional property of the common lands of the towns, tribes or native family groups, those of their family preserves and those of their family patrimony are recognized. These lands which are habitually occupied for residential or agricultural purposes, do not require the intervention of a legal act of attribution of title deeds.
 
Legally required documents
  • Certificate of recognition of the communal forest (signed by the President of the Republic)
  • Certificates of delimitation of communal forests
  • Contracts for exploitation of communal forests with companies and forest administration
  • Map of the forests
  • Property title of privately owned forests
  • Social work contracts
  • Harvesting permit (Autorización de Apeo)
Applicable legislation
VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2022-09-23 Companies present false specifications to reduce the volumes and the classification of the qualities  Specified RISK
Companies present false specifications to reduce volumes and classification of qualities. The Office of Control, Information and Promotion of Forest Species (OCIPEF) does not carry out a complete, proper control due to there is no a specific delegation responsible to check and seal these specifications. Incorrect classifications are included on commercial invoices, so as to reduce taxes applicable to forest concessions. These taxes are imposed pe... VIEW MORE

Companies present false specifications to reduce volumes and classification of qualities. The Office of Control, Information and Promotion of Forest Species (OCIPEF) does not carry out a complete, proper control due to there is no a specific delegation responsible to check and seal these specifications. Incorrect classifications are included on commercial invoices, so as to reduce taxes applicable to forest concessions. These taxes are imposed per cubic metres of timber (MAGBMA, 2016).

References
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The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationScientific testingStakeholder consultation
1
Verify Wood classification sheet
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
2
Verify Transport delivery notes
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
3
Verify Commercial invoice
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
4
Verify Transport guide (Guía de Transporte)
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
5
Verify Delivery note
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
6
Verify Forest management plan
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
7
Verify Harvesting permit (Autorización de Apeo)
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
8
Visit Logging area
Visit the logging site to observe what species and quantities were harvested and compare with the information on the documents mentioned above.
9
Consult Logging company
Consult on the processes applicable to the classification of wood and transportation.
10
Consult Forest Administration
Consult on the processes applicable to the classification of wood and transportation.
11
Consult Customs
Consult on the processes applicable to the classification of wood and transportation.
12
Consult Office of Control, Information and Promotion of Forest Species (OCIPEF)
Consult on the processes applicable to the classification of wood and transportation.
13
Conduct targeted timber testing
Description of legal requirements
Species, qualities, and volumes shall be correctly classified
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 80. The Office of Control, Information and Promotion of Forest Species (OCIPEF) will function as a unit to promote and control the wood.
Article 82. Classification of wood to obtain greater added value.
Article 83. In addition to the classification of the quality of the wood, it will also be classified according to its potential use, for which the forestry administration will establish a list of species based on the following classifications:
    1. Class I: Species suitable for fine woodwork, musical instruments and fine veneers.
    2. Class II: Species suitable for carpentry work in general, doors, windows, mouldings, floors, beams, plywood, formwork, parquet etc.
    3. Class III: Species suitable for secondary uses, such as fibre and particle board, pulp and paper, charcoal posts, fences etc.
    4. Class IV: Species that have no known use and market demand.

Article 85. It will be considered fraud, and sanctioned in accordance with the provisions of this law, in cases where differences are detected between the species, qualities and volumes declared in the port of shipment and those registered in the ports of destinations.

Article 85. Establishes quality control according to international standards.

Article 88. For the classification of wood as established in Article 79 of the Forestry Law, the most important principles of the classification rules that will be applied are described. For more details, refer to the original texts adopted by the International Tropical Timber Technical Association (ATIBT) and the International African Tropical Sawn Timber Association (SATA) as a reference.

a)  Rules for different Timber in logs:
  • The logs or roundwood are classified into three classes (I, II, III) and two intermediate classes (I/II, II/III). The classes of logs have the following coefficients according to performance:
ClassCoefficient
I100
II 75
I/II87.5
II/III62.5
III50
 
  • The quality of a batch of roundwood results from the volume percentage of the various classes.
  • The sellers and buyers must specify in their contracts the quality of the product for sale. Contracts must mention the product composition in percentages or in points, even if the different logs are described with the usual commercial designation.
  • The ATIBT states that the commercial designations must be understood in the following sense:
 
Quality
CODE
PercentageClassCoefficientQuality PointsTotal Points
A/B50%I1005,000 
 50%II753,7508,750
LM50%I1005,000 
 35%II752,625 
 15%III507508,375
STANDARD20%I1002,000 
 60%II754,500 
 20%III501,0007,500
B/C50%II753,750 
 50%III502,5006,250
c100%III505,0005,000
 
  • If there are intermediate classes, the intermediate class coefficient is used; or half of the volume of each is attributed to the upper class and the other half to the lower class.
  • Calculation of quality discount: The calculation of quality discount is made by comparing the points of a log supply against the points of the required quality.

b)  For logs of Okoume and Ozigo:
The current rules include five qualities, and these are:
          I        100
          I/II     85.5
          II       75
          II/III  62.5
          II       50
          III/IV  37.50
          IV       25
          V        12.5
The five named qualities are: Loyale et marchande (LM, Loyal and Merchant), Qualite seconde (QS, Second Quality) Choix industriel (CI, Industrial Choice), Choix économique (CE, Economical Choice) and Choix spécial (CS, Special Choice), which have the following characteristics:
 
Quality ClassesPointsDiameter/length/log volume
LM25% I, 75% II8,125>75 cm/>6.60 m/>5.000m3
QS50% II, 50% III6,250>65 cm/>4.50 m/>3.268m3
CI 4,250>60 cm/>4.50 m/>3.268m3
CE 2,500>60 cm/>4.20 m/>2.451m3 (15% 55/59) (20% 2.20–4.10m3)
CS 1,250>60 cm/>4.20 m/>2.451m3 (10% 55/59) (20% 2.20–4.10m)

Referring to the classes used previously:
A piece of quality LM can be                  a piece of class I
                                      a piece of class I/II
                                      a piece of class II good
A piece of quality QS can be                  a piece of class II
                                      a piece of class II/III
                                      a piece of class III good
A piece of quality CI can be                    a piece of class III
                                      a piece of class III/IV
              a piece of class IV
A piece of quality CE is                a piece of class IV
A piece of quality CI is                a piece of class V
c)  Rules for sawn timber cover the following:

1      Rules for measuring the thickness, width and length of the sawn timber, including rules for these dimensions and recommendations for green wood.
2      Rules for the classification of sawn timber

This differs as to whether the wood is for the general market, or for the private market.
General market:
Sawn timber for the general market is sized again before the final cubicage (volume measurement).
The classification principle consists of determining the rectangular surfaces in the most defective face of a piece. The nature of these surfaces or of the net cuts, their sizes and the percentage of the total area and of all net ratios are criteria for the attribution of a class. In addition the classes have the following minimum lengths and widths:
          Class   Length          Width
          I        2.25 m or more        0.150 m or more
          II       2.25 m or more        0.125 m or more
          III      1.75 m or more        0.100 m or more
          IV       1.75 m or more        0.100 m or more
Private market:
Planks for the private market are supplied in final use dimensions. They are not cut again. The classification principle determines the name and the importance of effects and the appearance of the piece:
  • Tablets and friezes with a length of 1.75 m and more;
  • Parquets with a length of 1.75 m and more;
  • Short pieces of slats, friezes, parquets or lumber from the general market with a length of less than 1.75 m.
All sawn timber of any species that is classified shall be classified according to the rules established by SATA.
For plywood: for all species, the classification will comprise two qualities:
  1. Face/plywood, using the outside of the plywood (visible);
  2. Interior, using the part of the plywood that is not visible

Article 91. Wood will only be exported following its classification, including the quality of the product and the group of species to which it belongs; these characteristics must appear on shipping guides and on the corresponding invoices.
Article 93. The sale of timber for export is by batches of a given species, during the classification of each batch, forest controllers should take special care that the quality of a batch is not diminished by a few pieces of bad quality that can be eliminated or transferred to another batch of a lower quality.
Article 97. For the control of logging activities, the forestry agent in the area of extraction will create a monthly report, no later than the fifth day of each month or the next working day if that is a holiday. The report will contain the use of forestry, statistical sections, and the control of wood exports. This report will specify the following information:
  1. Area of exploitation and the name of the beneficiary;
  2. The total number of trees and the number of logs taken to the forest bearer: indicating their volume and species;
  3. The total volume of wood cubed in the forest stockpile;
  4. The volume of wood transported from these stockpile, their species and destination;
  5. Number of roads built within the area of exploitation and the total length in km of the road network;
  6. The period covered by the report;
Other information deemed necessary.
Legally required documents
  • Invoice settlement sheet
  • Price list
  • Pro forma company invoice
  • Transport guide (Guía de Transporte)
  • Transported wood delivery notes
  • Wood classification and relocation report
  • Wood classification sheet
  • Wood specification
  • Shipping Guide (Guía de Embarque)
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2022-09-23 To Transport Illegally Harvested Prohibited and Protected Species Codes are Changed and Instead Using Codes of Similar Species  Specified RISK
To transport and export prohibited species, codes are changed by using the codes of similar species to deceive or bribe the controlling agents. There are known cases of port shipments, where the species code has been changed, for example Bubinga (Guibourtia tessmannii) with the code for tali (Erytrophleum ivorense). This to reduce contributions to the treasury and profit from the unpaid tax (MAGBMA, 2016, television information).... VIEW MORE

To transport and export prohibited species, codes are changed by using the codes of similar species to deceive or bribe the controlling agents. There are known cases of port shipments, where the species code has been changed, for example Bubinga (Guibourtia tessmannii) with the code for tali (Erytrophleum ivorense). This to reduce contributions to the treasury and profit from the unpaid tax (MAGBMA, 2016, television information).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationScientific testingStakeholder consultation
1
Verify Wood classification sheet
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
2
Verify Transport delivery notes
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
3
Verify Commercial invoice
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
4
Verify Transport guide (Guía de Transporte)
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
5
Verify Delivery note
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
6
Verify Forest management plan
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
7
Verify Harvesting permit (Autorización de Apeo)
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
8
Visit Logging area
Visit the logging site to observe what species and quantities were harvested and compare with the information on the documents mentioned above.
9
Consult Logging company
Consult on the processes applicable to the classification of wood and transportation.
10
Consult Forest Administration
Consult on the processes applicable to the classification of wood and transportation.
11
Consult Customs
Consult on the processes applicable to the classification of wood and transportation.
12
Consult Office of Control, Information and Promotion of Forest Species (OCIPEF)
Consult on the processes applicable to the classification of wood and transportation.
13
Conduct targeted timber testing
Description of legal requirements
Species, qualities, and volumes shall be correctly classified
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 80. The Office of Control, Information and Promotion of Forest Species (OCIPEF) will function as a unit to promote and control the wood.
Article 82. Classification of wood to obtain greater added value.
Article 83. In addition to the classification of the quality of the wood, it will also be classified according to its potential use, for which the forestry administration will establish a list of species based on the following classifications:
    1. Class I: Species suitable for fine woodwork, musical instruments and fine veneers.
    2. Class II: Species suitable for carpentry work in general, doors, windows, mouldings, floors, beams, plywood, formwork, parquet etc.
    3. Class III: Species suitable for secondary uses, such as fibre and particle board, pulp and paper, charcoal posts, fences etc.
    4. Class IV: Species that have no known use and market demand.

Article 85. It will be considered fraud, and sanctioned in accordance with the provisions of this law, in cases where differences are detected between the species, qualities and volumes declared in the port of shipment and those registered in the ports of destinations.

Article 85. Establishes quality control according to international standards.

Article 88. For the classification of wood as established in Article 79 of the Forestry Law, the most important principles of the classification rules that will be applied are described. For more details, refer to the original texts adopted by the International Tropical Timber Technical Association (ATIBT) and the International African Tropical Sawn Timber Association (SATA) as a reference.

a)  Rules for different Timber in logs:
  • The logs or roundwood are classified into three classes (I, II, III) and two intermediate classes (I/II, II/III). The classes of logs have the following coefficients according to performance:
ClassCoefficient
I100
II 75
I/II87.5
II/III62.5
III50
 
  • The quality of a batch of roundwood results from the volume percentage of the various classes.
  • The sellers and buyers must specify in their contracts the quality of the product for sale. Contracts must mention the product composition in percentages or in points, even if the different logs are described with the usual commercial designation.
  • The ATIBT states that the commercial designations must be understood in the following sense:
 
Quality
CODE
PercentageClassCoefficientQuality PointsTotal Points
A/B50%I1005,000 
 50%II753,7508,750
LM50%I1005,000 
 35%II752,625 
 15%III507508,375
STANDARD20%I1002,000 
 60%II754,500 
 20%III501,0007,500
B/C50%II753,750 
 50%III502,5006,250
c100%III505,0005,000
 
  • If there are intermediate classes, the intermediate class coefficient is used; or half of the volume of each is attributed to the upper class and the other half to the lower class.
  • Calculation of quality discount: The calculation of quality discount is made by comparing the points of a log supply against the points of the required quality.

b)  For logs of Okoume and Ozigo:
The current rules include five qualities, and these are:
          I        100
          I/II     85.5
          II       75
          II/III  62.5
          II       50
          III/IV  37.50
          IV       25
          V        12.5
The five named qualities are: Loyale et marchande (LM, Loyal and Merchant), Qualite seconde (QS, Second Quality) Choix industriel (CI, Industrial Choice), Choix économique (CE, Economical Choice) and Choix spécial (CS, Special Choice), which have the following characteristics:
 
Quality ClassesPointsDiameter/length/log volume
LM25% I, 75% II8,125>75 cm/>6.60 m/>5.000m3
QS50% II, 50% III6,250>65 cm/>4.50 m/>3.268m3
CI 4,250>60 cm/>4.50 m/>3.268m3
CE 2,500>60 cm/>4.20 m/>2.451m3 (15% 55/59) (20% 2.20–4.10m3)
CS 1,250>60 cm/>4.20 m/>2.451m3 (10% 55/59) (20% 2.20–4.10m)

Referring to the classes used previously:
A piece of quality LM can be                  a piece of class I
                                      a piece of class I/II
                                      a piece of class II good
A piece of quality QS can be                  a piece of class II
                                      a piece of class II/III
                                      a piece of class III good
A piece of quality CI can be                    a piece of class III
                                      a piece of class III/IV
              a piece of class IV
A piece of quality CE is                a piece of class IV
A piece of quality CI is                a piece of class V
c)  Rules for sawn timber cover the following:

1      Rules for measuring the thickness, width and length of the sawn timber, including rules for these dimensions and recommendations for green wood.
2      Rules for the classification of sawn timber

This differs as to whether the wood is for the general market, or for the private market.
General market:
Sawn timber for the general market is sized again before the final cubicage (volume measurement).
The classification principle consists of determining the rectangular surfaces in the most defective face of a piece. The nature of these surfaces or of the net cuts, their sizes and the percentage of the total area and of all net ratios are criteria for the attribution of a class. In addition the classes have the following minimum lengths and widths:
          Class   Length          Width
          I        2.25 m or more        0.150 m or more
          II       2.25 m or more        0.125 m or more
          III      1.75 m or more        0.100 m or more
          IV       1.75 m or more        0.100 m or more
Private market:
Planks for the private market are supplied in final use dimensions. They are not cut again. The classification principle determines the name and the importance of effects and the appearance of the piece:
  • Tablets and friezes with a length of 1.75 m and more;
  • Parquets with a length of 1.75 m and more;
  • Short pieces of slats, friezes, parquets or lumber from the general market with a length of less than 1.75 m.
All sawn timber of any species that is classified shall be classified according to the rules established by SATA.
For plywood: for all species, the classification will comprise two qualities:
  1. Face/plywood, using the outside of the plywood (visible);
  2. Interior, using the part of the plywood that is not visible

Article 91. Wood will only be exported following its classification, including the quality of the product and the group of species to which it belongs; these characteristics must appear on shipping guides and on the corresponding invoices.
Article 93. The sale of timber for export is by batches of a given species, during the classification of each batch, forest controllers should take special care that the quality of a batch is not diminished by a few pieces of bad quality that can be eliminated or transferred to another batch of a lower quality.
Article 97. For the control of logging activities, the forestry agent in the area of extraction will create a monthly report, no later than the fifth day of each month or the next working day if that is a holiday. The report will contain the use of forestry, statistical sections, and the control of wood exports. This report will specify the following information:
  1. Area of exploitation and the name of the beneficiary;
  2. The total number of trees and the number of logs taken to the forest bearer: indicating their volume and species;
  3. The total volume of wood cubed in the forest stockpile;
  4. The volume of wood transported from these stockpile, their species and destination;
  5. Number of roads built within the area of exploitation and the total length in km of the road network;
  6. The period covered by the report;
Other information deemed necessary.
Legally required documents
  • Invoice settlement sheet
  • Price list
  • Pro forma company invoice
  • Transport guide (Guía de Transporte)
  • Transported wood delivery notes
  • Wood classification and relocation report
  • Wood classification sheet
  • Wood specification
  • Shipping Guide (Guía de Embarque)
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2022-09-23 Classification of wood for export do not follow the legal requirements  Specified RISK
The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categori... VIEW MORE

The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categories which they correspond to. This occurs so that tax rates are reduced in exchange for bribes (MAGBMA, 2017, 2018a, 2018b).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationScientific testingStakeholder consultation
1
Verify Wood classification sheet
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
2
Verify Transport delivery notes
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
3
Verify Commercial invoice
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
4
Verify Transport guide (Guía de Transporte)
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
5
Verify Delivery note
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
6
Verify Forest management plan
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
7
Verify Harvesting permit (Autorización de Apeo)
Review trade and transport documents and cross-check information to verify that information on species, quantities and qualities match, and no prohibited species are listed. Verify that products to be purchased correspond with the information provided in documents. This should be done during field verification
8
Visit Logging area
Visit the logging site to observe what species and quantities were harvested and compare with the information on the documents mentioned above.
9
Consult Logging company
Consult on the processes applicable to the classification of wood and transportation.
10
Consult Forest Administration
Consult on the processes applicable to the classification of wood and transportation.
11
Consult Customs
Consult on the processes applicable to the classification of wood and transportation.
12
Consult Office of Control, Information and Promotion of Forest Species (OCIPEF)
Consult on the processes applicable to the classification of wood and transportation.
13
Conduct targeted timber testing
Description of legal requirements
Species, qualities, and volumes shall be correctly classified
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 80. The Office of Control, Information and Promotion of Forest Species (OCIPEF) will function as a unit to promote and control the wood.
Article 82. Classification of wood to obtain greater added value.
Article 83. In addition to the classification of the quality of the wood, it will also be classified according to its potential use, for which the forestry administration will establish a list of species based on the following classifications:
    1. Class I: Species suitable for fine woodwork, musical instruments and fine veneers.
    2. Class II: Species suitable for carpentry work in general, doors, windows, mouldings, floors, beams, plywood, formwork, parquet etc.
    3. Class III: Species suitable for secondary uses, such as fibre and particle board, pulp and paper, charcoal posts, fences etc.
    4. Class IV: Species that have no known use and market demand.

Article 85. It will be considered fraud, and sanctioned in accordance with the provisions of this law, in cases where differences are detected between the species, qualities and volumes declared in the port of shipment and those registered in the ports of destinations.

Article 85. Establishes quality control according to international standards.

Article 88. For the classification of wood as established in Article 79 of the Forestry Law, the most important principles of the classification rules that will be applied are described. For more details, refer to the original texts adopted by the International Tropical Timber Technical Association (ATIBT) and the International African Tropical Sawn Timber Association (SATA) as a reference.

a)  Rules for different Timber in logs:
  • The logs or roundwood are classified into three classes (I, II, III) and two intermediate classes (I/II, II/III). The classes of logs have the following coefficients according to performance:
ClassCoefficient
I100
II 75
I/II87.5
II/III62.5
III50
 
  • The quality of a batch of roundwood results from the volume percentage of the various classes.
  • The sellers and buyers must specify in their contracts the quality of the product for sale. Contracts must mention the product composition in percentages or in points, even if the different logs are described with the usual commercial designation.
  • The ATIBT states that the commercial designations must be understood in the following sense:
 
Quality
CODE
PercentageClassCoefficientQuality PointsTotal Points
A/B50%I1005,000 
 50%II753,7508,750
LM50%I1005,000 
 35%II752,625 
 15%III507508,375
STANDARD20%I1002,000 
 60%II754,500 
 20%III501,0007,500
B/C50%II753,750 
 50%III502,5006,250
c100%III505,0005,000
 
  • If there are intermediate classes, the intermediate class coefficient is used; or half of the volume of each is attributed to the upper class and the other half to the lower class.
  • Calculation of quality discount: The calculation of quality discount is made by comparing the points of a log supply against the points of the required quality.

b)  For logs of Okoume and Ozigo:
The current rules include five qualities, and these are:
          I        100
          I/II     85.5
          II       75
          II/III  62.5
          II       50
          III/IV  37.50
          IV       25
          V        12.5
The five named qualities are: Loyale et marchande (LM, Loyal and Merchant), Qualite seconde (QS, Second Quality) Choix industriel (CI, Industrial Choice), Choix économique (CE, Economical Choice) and Choix spécial (CS, Special Choice), which have the following characteristics:
 
Quality ClassesPointsDiameter/length/log volume
LM25% I, 75% II8,125>75 cm/>6.60 m/>5.000m3
QS50% II, 50% III6,250>65 cm/>4.50 m/>3.268m3
CI 4,250>60 cm/>4.50 m/>3.268m3
CE 2,500>60 cm/>4.20 m/>2.451m3 (15% 55/59) (20% 2.20–4.10m3)
CS 1,250>60 cm/>4.20 m/>2.451m3 (10% 55/59) (20% 2.20–4.10m)

Referring to the classes used previously:
A piece of quality LM can be                  a piece of class I
                                      a piece of class I/II
                                      a piece of class II good
A piece of quality QS can be                  a piece of class II
                                      a piece of class II/III
                                      a piece of class III good
A piece of quality CI can be                    a piece of class III
                                      a piece of class III/IV
              a piece of class IV
A piece of quality CE is                a piece of class IV
A piece of quality CI is                a piece of class V
c)  Rules for sawn timber cover the following:

1      Rules for measuring the thickness, width and length of the sawn timber, including rules for these dimensions and recommendations for green wood.
2      Rules for the classification of sawn timber

This differs as to whether the wood is for the general market, or for the private market.
General market:
Sawn timber for the general market is sized again before the final cubicage (volume measurement).
The classification principle consists of determining the rectangular surfaces in the most defective face of a piece. The nature of these surfaces or of the net cuts, their sizes and the percentage of the total area and of all net ratios are criteria for the attribution of a class. In addition the classes have the following minimum lengths and widths:
          Class   Length          Width
          I        2.25 m or more        0.150 m or more
          II       2.25 m or more        0.125 m or more
          III      1.75 m or more        0.100 m or more
          IV       1.75 m or more        0.100 m or more
Private market:
Planks for the private market are supplied in final use dimensions. They are not cut again. The classification principle determines the name and the importance of effects and the appearance of the piece:
  • Tablets and friezes with a length of 1.75 m and more;
  • Parquets with a length of 1.75 m and more;
  • Short pieces of slats, friezes, parquets or lumber from the general market with a length of less than 1.75 m.
All sawn timber of any species that is classified shall be classified according to the rules established by SATA.
For plywood: for all species, the classification will comprise two qualities:
  1. Face/plywood, using the outside of the plywood (visible);
  2. Interior, using the part of the plywood that is not visible

Article 91. Wood will only be exported following its classification, including the quality of the product and the group of species to which it belongs; these characteristics must appear on shipping guides and on the corresponding invoices.
Article 93. The sale of timber for export is by batches of a given species, during the classification of each batch, forest controllers should take special care that the quality of a batch is not diminished by a few pieces of bad quality that can be eliminated or transferred to another batch of a lower quality.
Article 97. For the control of logging activities, the forestry agent in the area of extraction will create a monthly report, no later than the fifth day of each month or the next working day if that is a holiday. The report will contain the use of forestry, statistical sections, and the control of wood exports. This report will specify the following information:
  1. Area of exploitation and the name of the beneficiary;
  2. The total number of trees and the number of logs taken to the forest bearer: indicating their volume and species;
  3. The total volume of wood cubed in the forest stockpile;
  4. The volume of wood transported from these stockpile, their species and destination;
  5. Number of roads built within the area of exploitation and the total length in km of the road network;
  6. The period covered by the report;
Other information deemed necessary.
Legally required documents
  • Invoice settlement sheet
  • Price list
  • Pro forma company invoice
  • Transport guide (Guía de Transporte)
  • Transported wood delivery notes
  • Wood classification and relocation report
  • Wood classification sheet
  • Wood specification
  • Shipping Guide (Guía de Embarque)
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2022-09-23 Wood in the stacks without the company’s logo—wood from unclear origin  Specified RISK
Woods in the stacks without company acronyms. It is very frequent, since companies buy wood in the forests from other companies, transport it and come to put their references in the port’s stacks. Which means that this wood is of doubtful origin (MAGBMA, 2017).... VIEW MORE

Woods in the stacks without company acronyms. It is very frequent, since companies buy wood in the forests from other companies, transport it and come to put their references in the port’s stacks. Which means that this wood is of doubtful origin (MAGBMA, 2017).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verification
1
Verify Customs
Visit customs site to check if wood stackers have company’s logo.
Description of legal requirements
Company logo shall follow logs while transporting
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 80. The Office of Control, Information and Promotion of Forest Species (OCIPEF) will function as a unit to promote and control the wood.
Article 82. Classification of wood to obtain greater added value.
Article 83. In addition to the classification of the quality of the wood, it will also be classified according to its potential use, for which the forestry administration will establish a list of species based on the following classifications:
    1. Class I: Species suitable for fine woodwork, musical instruments and fine veneers.
    2. Class II: Species suitable for carpentry work in general, doors, windows, mouldings, floors, beams, plywood, formwork, parquet etc.
    3. Class III: Species suitable for secondary uses, such as fibre and particle board, pulp and paper, charcoal posts, fences etc.
    4. Class IV: Species that have no known use and market demand.

Article 85. It will be considered fraud, and sanctioned in accordance with the provisions of this law, in cases where differences are detected between the species, qualities and volumes declared in the port of shipment and those registered in the ports of destinations.

Article 85. Establishes quality control according to international standards.

Article 88. For the classification of wood as established in Article 79 of the Forestry Law, the most important principles of the classification rules that will be applied are described. For more details, refer to the original texts adopted by the International Tropical Timber Technical Association (ATIBT) and the International African Tropical Sawn Timber Association (SATA) as a reference.

a)  Rules for different Timber in logs:
  • The logs or roundwood are classified into three classes (I, II, III) and two intermediate classes (I/II, II/III). The classes of logs have the following coefficients according to performance:
ClassCoefficient
I100
II 75
I/II87.5
II/III62.5
III50
 
  • The quality of a batch of roundwood results from the volume percentage of the various classes.
  • The sellers and buyers must specify in their contracts the quality of the product for sale. Contracts must mention the product composition in percentages or in points, even if the different logs are described with the usual commercial designation.
  • The ATIBT states that the commercial designations must be understood in the following sense:
 
Quality
CODE
PercentageClassCoefficientQuality PointsTotal Points
A/B50%I1005,000 
 50%II753,7508,750
LM50%I1005,000 
 35%II752,625 
 15%III507508,375
STANDARD20%I1002,000 
 60%II754,500 
 20%III501,0007,500
B/C50%II753,750 
 50%III502,5006,250
c100%III505,0005,000
 
  • If there are intermediate classes, the intermediate class coefficient is used; or half of the volume of each is attributed to the upper class and the other half to the lower class.
  • Calculation of quality discount: The calculation of quality discount is made by comparing the points of a log supply against the points of the required quality.

b)  For logs of Okoume and Ozigo:
The current rules include five qualities, and these are:
          I        100
          I/II     85.5
          II       75
          II/III  62.5
          II       50
          III/IV  37.50
          IV       25
          V        12.5
The five named qualities are: Loyale et marchande (LM, Loyal and Merchant), Qualite seconde (QS, Second Quality) Choix industriel (CI, Industrial Choice), Choix économique (CE, Economical Choice) and Choix spécial (CS, Special Choice), which have the following characteristics:
 
Quality ClassesPointsDiameter/length/log volume
LM25% I, 75% II8,125>75 cm/>6.60 m/>5.000m3
QS50% II, 50% III6,250>65 cm/>4.50 m/>3.268m3
CI 4,250>60 cm/>4.50 m/>3.268m3
CE 2,500>60 cm/>4.20 m/>2.451m3 (15% 55/59) (20% 2.20–4.10m3)
CS 1,250>60 cm/>4.20 m/>2.451m3 (10% 55/59) (20% 2.20–4.10m)

Referring to the classes used previously:
A piece of quality LM can be                  a piece of class I
                                      a piece of class I/II
                                      a piece of class II good
A piece of quality QS can be                  a piece of class II
                                      a piece of class II/III
                                      a piece of class III good
A piece of quality CI can be                    a piece of class III
                                      a piece of class III/IV
              a piece of class IV
A piece of quality CE is                a piece of class IV
A piece of quality CI is                a piece of class V
c)  Rules for sawn timber cover the following:

1      Rules for measuring the thickness, width and length of the sawn timber, including rules for these dimensions and recommendations for green wood.
2      Rules for the classification of sawn timber

This differs as to whether the wood is for the general market, or for the private market.
General market:
Sawn timber for the general market is sized again before the final cubicage (volume measurement).
The classification principle consists of determining the rectangular surfaces in the most defective face of a piece. The nature of these surfaces or of the net cuts, their sizes and the percentage of the total area and of all net ratios are criteria for the attribution of a class. In addition the classes have the following minimum lengths and widths:
          Class   Length          Width
          I        2.25 m or more        0.150 m or more
          II       2.25 m or more        0.125 m or more
          III      1.75 m or more        0.100 m or more
          IV       1.75 m or more        0.100 m or more
Private market:
Planks for the private market are supplied in final use dimensions. They are not cut again. The classification principle determines the name and the importance of effects and the appearance of the piece:
  • Tablets and friezes with a length of 1.75 m and more;
  • Parquets with a length of 1.75 m and more;
  • Short pieces of slats, friezes, parquets or lumber from the general market with a length of less than 1.75 m.
All sawn timber of any species that is classified shall be classified according to the rules established by SATA.
For plywood: for all species, the classification will comprise two qualities:
  1. Face/plywood, using the outside of the plywood (visible);
  2. Interior, using the part of the plywood that is not visible

Article 91. Wood will only be exported following its classification, including the quality of the product and the group of species to which it belongs; these characteristics must appear on shipping guides and on the corresponding invoices.
Article 93. The sale of timber for export is by batches of a given species, during the classification of each batch, forest controllers should take special care that the quality of a batch is not diminished by a few pieces of bad quality that can be eliminated or transferred to another batch of a lower quality.
Article 97. For the control of logging activities, the forestry agent in the area of extraction will create a monthly report, no later than the fifth day of each month or the next working day if that is a holiday. The report will contain the use of forestry, statistical sections, and the control of wood exports. This report will specify the following information:
  1. Area of exploitation and the name of the beneficiary;
  2. The total number of trees and the number of logs taken to the forest bearer: indicating their volume and species;
  3. The total volume of wood cubed in the forest stockpile;
  4. The volume of wood transported from these stockpile, their species and destination;
  5. Number of roads built within the area of exploitation and the total length in km of the road network;
  6. The period covered by the report;
Other information deemed necessary.
Legally required documents
  • Invoice settlement sheet
  • Price list
  • Pro forma company invoice
  • Transport guide (Guía de Transporte)
  • Transported wood delivery notes
  • Wood classification and relocation report
  • Wood classification sheet
  • Wood specification
  • Shipping Guide (Guía de Embarque)
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2022-09-23 Change of Information in the Transport Guide During Transport – Required Information is Altered (Species, Volume or Quantity Transported, Date and Time of Commencement  Specified RISK
The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categori... VIEW MORE

The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categories which they correspond to. This occurs so that tax rates are reduced in exchange for bribes (MAGBMA, 2017, 2018a, 2018b).

There is a risk of miss volume reporting on custom declaration approved in exchange for bribes. Usually custums officials do not compare the volume information obtain in the re-cubicage (volume measurement) of timber in the export point to verify it match with information included in transport delivery notes, or transport guides. This is done, in order to pay reduced tax rates in exchange for bribes (MAGBMA, 2017, 2018a).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Transport guide (Guía de Transporte)
Review transport guide and verify that all information is provided and valid as required. This should be done during field verification
2
Verify Technical reports
Review technical reports (either Forest Administration or in the OCIPEF) on inspections of wood transport performed. Verify that all copies of Transport Guides are identical at: o Forest Administration- Harvesting Section (Sección de Aprovechamiento) and o Economic Section (Sección Económica) o OCIPEF o Receiver of logs
3
Visit Checkpoint used to control transport
Visit of checkpoint used to control transport, to verify the transport information of a truck. Compared that to what is legally required
4
Consult Transporters and sellers
Interviews with the different parties involved (entrepreneurs, control agents at forest barriers, in harvesting sections, and marketing of timber) on company’s compliance with legal requirements to transport wood
Description of legal requirements
Transport of forest products within the country must be authorized and registered using transport guide (Guía de Transporte) with accurate information. Five identical copies of Transport Guide shall be produced and shared with require bodies
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 80. The Office of Control, Information and Promotion of Forest Species (OCIPEF) will function as a unit to promote and control the wood.
Article 82. Classification of wood to obtain greater added value.
Article 83. In addition to the classification of the quality of the wood, it will also be classified according to its potential use, for which the forestry administration will establish a list of species based on the following classifications:
    1. Class I: Species suitable for fine woodwork, musical instruments and fine veneers.
    2. Class II: Species suitable for carpentry work in general, doors, windows, mouldings, floors, beams, plywood, formwork, parquet etc.
    3. Class III: Species suitable for secondary uses, such as fibre and particle board, pulp and paper, charcoal posts, fences etc.
    4. Class IV: Species that have no known use and market demand.

Article 85. It will be considered fraud, and sanctioned in accordance with the provisions of this law, in cases where differences are detected between the species, qualities and volumes declared in the port of shipment and those registered in the ports of destinations.

Article 85. Establishes quality control according to international standards.

Article 88. For the classification of wood as established in Article 79 of the Forestry Law, the most important principles of the classification rules that will be applied are described. For more details, refer to the original texts adopted by the International Tropical Timber Technical Association (ATIBT) and the International African Tropical Sawn Timber Association (SATA) as a reference.

a)  Rules for different Timber in logs:
  • The logs or roundwood are classified into three classes (I, II, III) and two intermediate classes (I/II, II/III). The classes of logs have the following coefficients according to performance:
ClassCoefficient
I100
II 75
I/II87.5
II/III62.5
III50
 
  • The quality of a batch of roundwood results from the volume percentage of the various classes.
  • The sellers and buyers must specify in their contracts the quality of the product for sale. Contracts must mention the product composition in percentages or in points, even if the different logs are described with the usual commercial designation.
  • The ATIBT states that the commercial designations must be understood in the following sense:
 
Quality
CODE
PercentageClassCoefficientQuality PointsTotal Points
A/B50%I1005,000 
 50%II753,7508,750
LM50%I1005,000 
 35%II752,625 
 15%III507508,375
STANDARD20%I1002,000 
 60%II754,500 
 20%III501,0007,500
B/C50%II753,750 
 50%III502,5006,250
c100%III505,0005,000
 
  • If there are intermediate classes, the intermediate class coefficient is used; or half of the volume of each is attributed to the upper class and the other half to the lower class.
  • Calculation of quality discount: The calculation of quality discount is made by comparing the points of a log supply against the points of the required quality.

b)  For logs of Okoume and Ozigo:
The current rules include five qualities, and these are:
          I        100
          I/II     85.5
          II       75
          II/III  62.5
          II       50
          III/IV  37.50
          IV       25
          V        12.5
The five named qualities are: Loyale et marchande (LM, Loyal and Merchant), Qualite seconde (QS, Second Quality) Choix industriel (CI, Industrial Choice), Choix économique (CE, Economical Choice) and Choix spécial (CS, Special Choice), which have the following characteristics:
 
Quality ClassesPointsDiameter/length/log volume
LM25% I, 75% II8,125>75 cm/>6.60 m/>5.000m3
QS50% II, 50% III6,250>65 cm/>4.50 m/>3.268m3
CI 4,250>60 cm/>4.50 m/>3.268m3
CE 2,500>60 cm/>4.20 m/>2.451m3 (15% 55/59) (20% 2.20–4.10m3)
CS 1,250>60 cm/>4.20 m/>2.451m3 (10% 55/59) (20% 2.20–4.10m)

Referring to the classes used previously:
A piece of quality LM can be                  a piece of class I
                                      a piece of class I/II
                                      a piece of class II good
A piece of quality QS can be                  a piece of class II
                                      a piece of class II/III
                                      a piece of class III good
A piece of quality CI can be                    a piece of class III
                                      a piece of class III/IV
              a piece of class IV
A piece of quality CE is                a piece of class IV
A piece of quality CI is                a piece of class V
c)  Rules for sawn timber cover the following:

1      Rules for measuring the thickness, width and length of the sawn timber, including rules for these dimensions and recommendations for green wood.
2      Rules for the classification of sawn timber

This differs as to whether the wood is for the general market, or for the private market.
General market:
Sawn timber for the general market is sized again before the final cubicage (volume measurement).
The classification principle consists of determining the rectangular surfaces in the most defective face of a piece. The nature of these surfaces or of the net cuts, their sizes and the percentage of the total area and of all net ratios are criteria for the attribution of a class. In addition the classes have the following minimum lengths and widths:
          Class   Length          Width
          I        2.25 m or more        0.150 m or more
          II       2.25 m or more        0.125 m or more
          III      1.75 m or more        0.100 m or more
          IV       1.75 m or more        0.100 m or more
Private market:
Planks for the private market are supplied in final use dimensions. They are not cut again. The classification principle determines the name and the importance of effects and the appearance of the piece:
  • Tablets and friezes with a length of 1.75 m and more;
  • Parquets with a length of 1.75 m and more;
  • Short pieces of slats, friezes, parquets or lumber from the general market with a length of less than 1.75 m.
All sawn timber of any species that is classified shall be classified according to the rules established by SATA.
For plywood: for all species, the classification will comprise two qualities:
  1. Face/plywood, using the outside of the plywood (visible);
  2. Interior, using the part of the plywood that is not visible

Article 91. Wood will only be exported following its classification, including the quality of the product and the group of species to which it belongs; these characteristics must appear on shipping guides and on the corresponding invoices.
Article 93. The sale of timber for export is by batches of a given species, during the classification of each batch, forest controllers should take special care that the quality of a batch is not diminished by a few pieces of bad quality that can be eliminated or transferred to another batch of a lower quality.
Article 97. For the control of logging activities, the forestry agent in the area of extraction will create a monthly report, no later than the fifth day of each month or the next working day if that is a holiday. The report will contain the use of forestry, statistical sections, and the control of wood exports. This report will specify the following information:
  1. Area of exploitation and the name of the beneficiary;
  2. The total number of trees and the number of logs taken to the forest bearer: indicating their volume and species;
  3. The total volume of wood cubed in the forest stockpile;
  4. The volume of wood transported from these stockpile, their species and destination;
  5. Number of roads built within the area of exploitation and the total length in km of the road network;
  6. The period covered by the report;
Other information deemed necessary.
Legally required documents
  • Invoice settlement sheet
  • Price list
  • Pro forma company invoice
  • Transport guide (Guía de Transporte)
  • Transported wood delivery notes
  • Wood classification and relocation report
  • Wood classification sheet
  • Wood specification
  • Shipping Guide (Guía de Embarque)
Applicable legislation
  • Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997, 1997.
  • Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea, 1997.
VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2022-09-23 Transport of Wood Without Transport Guide in Illegal Logging Zones and Bribe the Controlling Agents  Specified RISK
The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categori... VIEW MORE

The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categories which they correspond to. This occurs so that tax rates are reduced in exchange for bribes (MAGBMA, 2017, 2018a, 2018b).

There is a risk of miss volume reporting on custom declaration approved in exchange for bribes. Usually customs officials do not compare the volume information obtain in the re-cubicage (volume measurement) of timber in the export point to verify it match with information included in transport delivery notes, or transport guides. This is done, in order to pay reduced tax rates in exchange for bribes (MAGBMA, 2017, 2018a).

To transport and export prohibited species, codes are changed by using the codes of similar species to deceive or bribe the controlling agents. There are known cases of port shipments, where the species code has been changed, for example Bubinga (Guibourtia tessmannii) with the code for Tali (Erytrophleum ivorense). This to reduce contributions to the treasury and profit from the unpaid tax (MAGBMA, 2016, television information).

References
VIEW LESS
The risk applies to the following source types
  • Community Forests (continental region)
  • National Forests (Forests concessions) (continental region)
  • Privately owned forests (continental region)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Transport guide (Guía de Transporte)
Review transport guide and verify that all information is provided and valid as required. This should be done during field verification
2
Verify Technical reports
Review technical reports (either Forest Administration or in the OCIPEF) on inspections of wood transport performed. Verify that all copies of Transport Guides are identical at: o Forest Administration- Harvesting Section (Sección de Aprovechamiento) and o Economic Section (Sección Económica) o OCIPEF o Receiver of logs
3
Visit Checkpoint used to control transport
Visit of checkpoint used to control transport, to verify the transport information of a truck. Compared that to what is legally required
4
Consult Transporters and sellers
Interviews with the different parties involved (entrepreneurs, control agents at forest barriers, in harvesting sections, and marketing of timber) on company’s compliance with legal requirements to transport wood
Description of legal requirements
Five identical copies of Transport Guide shall be produced and shared with require bodies
VIEW MORE
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea
Article 80. The Office of Control, Information and Promotion of Forest Species (OCIPEF) will function as a unit to promote and control the wood.
Article 82. Classification of wood to obtain greater added value.
Article 83. In addition to the classification of the quality of the wood, it will also be classified according to its potential use, for which the forestry administration will establish a list of species based on the following classifications:
    1. Class I: Species suitable for fine woodwork, musical instruments and fine veneers.
    2. Class II: Species suitable for carpentry work in general, doors, windows, mouldings, floors, beams, plywood, formwork, parquet etc.
    3. Class III: Species suitable for secondary uses, such as fibre and particle board, pulp and paper, charcoal posts, fences etc.
    4. Class IV: Species that have no known use and market demand.

Article 85. It will be considered fraud, and sanctioned in accordance with the provisions of this law, in cases where differences are detected between the species, qualities and volumes declared in the port of shipment and those registered in the ports of destinations.

Article 85. Establishes quality control according to international standards.

Article 88. For the classification of wood as established in Article 79 of the Forestry Law, the most important principles of the classification rules that will be applied are described. For more details, refer to the original texts adopted by the International Tropical Timber Technical Association (ATIBT) and the International African Tropical Sawn Timber Association (SATA) as a reference.

a)  Rules for different Timber in logs:
  • The logs or roundwood are classified into three classes (I, II, III) and two intermediate classes (I/II, II/III). The classes of logs have the following coefficients according to performance:
ClassCoefficient
I100
II 75
I/II87.5
II/III62.5
III50
 
  • The quality of a batch of roundwood results from the volume percentage of the various classes.
  • The sellers and buyers must specify in their contracts the quality of the product for sale. Contracts must mention the product composition in percentages or in points, even if the different logs are described with the usual commercial designation.
  • The ATIBT states that the commercial designations must be understood in the following sense:
 
Quality
CODE
PercentageClassCoefficientQuality PointsTotal Points
A/B50%I1005,000 
 50%II753,7508,750
LM50%I1005,000 
 35%II752,625 
 15%III507508,375
STANDARD20%I1002,000 
 60%II754,500 
 20%III501,0007,500
B/C50%II753,750 
 50%III502,5006,250
c100%III505,0005,000
 
  • If there are intermediate classes, the intermediate class coefficient is used; or half of the volume of each is attributed to the upper class and the other half to the lower class.
  • Calculation of quality discount: The calculation of quality discount is made by comparing the points of a log supply against the points of the required quality.

b)  For logs of Okoume and Ozigo:
The current rules include five qualities, and these are:
          I        100
          I/II     85.5
          II       75
          II/III  62.5
          II       50
          III/IV  37.50
          IV       25
          V        12.5
The five named qualities are: Loyale et marchande (LM, Loyal and Merchant), Qualite seconde (QS, Second Quality) Choix industriel (CI, Industrial Choice), Choix économique (CE, Economical Choice) and Choix spécial (CS, Special Choice), which have the following characteristics:
 
Quality ClassesPointsDiameter/length/log volume
LM25% I, 75% II8,125>75 cm/>6.60 m/>5.000m3
QS50% II, 50% III6,250>65 cm/>4.50 m/>3.268m3
CI 4,250>60 cm/>4.50 m/>3.268m3
CE 2,500>60 cm/>4.20 m/>2.451m3 (15% 55/59) (20% 2.20–4.10m3)
CS 1,250>60 cm/>4.20 m/>2.451m3 (10% 55/59) (20% 2.20–4.10m)

Referring to the classes used previously:
A piece of quality LM can be                  a piece of class I
                                      a piece of class I/II
                                      a piece of class II good
A piece of quality QS can be                  a piece of class II
                                      a piece of class II/III
                                      a piece of class III good
A piece of quality CI can be                    a piece of class III
                                      a piece of class III/IV
              a piece of class IV
A piece of quality CE is                a piece of class IV
A piece of quality CI is                a piece of class V
c)  Rules for sawn timber cover the following:

1      Rules for measuring the thickness, width and length of the sawn timber, including rules for these dimensions and recommendations for green wood.
2      Rules for the classification of sawn timber

This differs as to whether the wood is for the general market, or for the private market.
General market:
Sawn timber for the general market is sized again before the final cubicage (volume measurement).
The classification principle consists of determining the rectangular surfaces in the most defective face of a piece. The nature of these surfaces or of the net cuts, their sizes and the percentage of the total area and of all net ratios are criteria for the attribution of a class. In addition the classes have the following minimum lengths and widths:
          Class   Length          Width
          I        2.25 m or more        0.150 m or more
          II       2.25 m or more        0.125 m or more
          III      1.75 m or more        0.100 m or more
          IV       1.75 m or more        0.100 m or more
Private market:
Planks for the private market are supplied in final use dimensions. They are not cut again. The classification principle determines the name and the importance of effects and the appearance of the piece:
  • Tablets and friezes with a length of 1.75 m and more;
  • Parquets with a length of 1.75 m and more;