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ADNews-Monrovia,Liberia:A draft of ArcelorMittal Liberia’s (AML) proposed Third Amendment to its Mineral Development Agreement (MDA), now under review by H.E President Joseph Boakai,” extends far beyond a standard commercial framework.
At the center of the controversy is a “supremacy clause” that would allow the AML agreement to prevail over any conflicting Liberian law, a move critics warn could undermine Liberia’s sovereignty and control of key national assets, including the Yekepa–Buchanan railway.
Railway Control and Sovereignty at Risk
According to government sources familiar with the draft, the amendment and the proposed Rail System Operating Principles (RSOPs) would effectively allow AML to supersede the National Railway Authority (NRA) in managing and regulating Liberia’s primary rail corridor.
The RSOPs bind both user and operator, giving AML authority to override any independent operator chosen by the NRA. If approved, the railway could become inaccessible to other companies, locking Liberia into AML’s operational control for decades.
“Single Production Area” and Land Control
The amendment also seeks to redefine AML’s entire concession as a “Single Production Area”—land treated under a mining license, granting AML the power to determine who may access both the railway and surrounding areas.
If enacted, Liberia could become a tenant within its own borders for another 25 years or more, while AML would pay only about US$500,000 annually for land valued many times higher. The “Single Production Area” designation would also extend AML’s influence to Buchanan Port, limiting the government’s ability to regulate or expand access.
Buchanan Port Under Private Control
Although the Liberia Port Authority remains the legal overseer, AML already exerts major influence over what enters and leaves Buchanan Port. The proposed amendment would cement this control, converting port access into short-term, revocable rentals under AML’s management, restricting competition and curbing the port’s import-export growth potential.
AML as Rule-Maker
The draft amendment would allow AML to maintain operational control and to assume an “intermediary operator” role indefinitely. It would also permit the company to screen its own successor, removing the NRA’s authority to select an independent operator in Liberia’s national interest.
In practice, the government would be ceding long-term decision-making power over vital transport infrastructure to a single foreign concessionaire.
Barriers to Other Investors
For companies hoping to use the rail corridor, AML’s amendment requires users to transport at least five million tons of commodities per year within three years—a threshold that no potential investor currently meets.
The amendment also gives AML the right to dictate the sequencing of any new users’ improvement works, likely delaying or blocking rail upgrades that would enable multi-user access. Observers warn that AML’s slow project record could lead to multi-decade stagnation, with local communities in Nimba, Bong and Grand Bassa counties losing potential jobs and development benefits.
Priority and Monopoly Rights
Under the RSOP, AML defines “Railroad Surplus Capacity” only after reserving its own usage, effectively sidelining new entrants and undermining the government’s goal of a multi-user railway system.
Critics argue that these provisions erase regulatory independence and grant AML near-total control over Liberia’s most strategic transport infrastructure.
Global and National Implications
Observers see the proposed amendment as a test of Liberia’s resolve to protect its national interests. The U.S. House Foreign Affairs Committee recently praised Liberia’s move toward a transparent, multi-user rail system under independent oversight, calling it an “indicator of good governance” and a key driver of U.S. investment in critical minerals.
With Liberia facing one of the highest debt burdens in Africa, lawmakers are under pressure to make decisions that promote long-term economic growth and sovereignty.
A Call for Legislative Oversight
Analysts and civil society leaders urge the National Legislature to reject the proposed amendment, warning that ceding control of the nation’s rail and port infrastructure would amount to signing away Liberia’s economic future.
Liberia’s resources and infrastructure, they argue, belong to its people, not to any single company.
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