Monrovia, Liberia — Nimba County Senator Nyan D. Twayen has raised serious concerns over the proposed Third Amendment to the ArcelorMittal Liberia Mineral Development Agreement (MDA), cautioning lawmakers against hurried approval of a deal he says could weaken Liberia’s authority over its mineral resources and further erode community protections.
In a detailed press statement issued Wednesday, Senator Twayen described the amendment as far more than a routine contractual adjustment. He characterized it as a major restructuring of one of the country’s most consequential concession agreements, warning that approving it without thorough scrutiny could expose Liberia to legal, financial, and social risks.
“This is not a technical clean-up,” the senator said. “It is a fundamental restructuring that demands careful legislative review, not speed.”
A central issue, according to Twayen, is the proposed transfer of all rights and obligations from ArcelorMittal Switzerland AG to ArcelorMittal USA Liberia Holdings LLC, a newly reconstituted entity operating across multiple jurisdictions. He questioned the clarity and timing of the transition, noting that the corporate transfer reportedly took effect on December 9, 2025, while the amended agreement was signed just 11 days later.
“Who exactly was the Government negotiating with?” Twayen asked. “And who bears responsibility if disputes arise or obligations are not met?”
The senator warned that without explicit parent-company guarantees, continuity clauses preserving liability for past breaches, and enforceable security mechanisms, Liberia could be left vulnerable in the event of arbitration or default. He stressed that assurances on paper are insufficient when accountability structures are weak or undefined.
“A concessionaire cannot be allowed to restructure itself in a way that weakens accountability while retaining access to Liberia’s strategic mineral assets,” he said.
Senator Twayen also criticized the use of a “restated and consolidated” agreement, arguing that it fails to clearly preserve accrued rights, penalties, and unresolved breaches under previous versions of the MDA. He warned that this approach risks diluting outstanding obligations owed to the state and to affected communities, particularly in Nimba County.
Beyond corporate governance, the senator expressed strong opposition to provisions redefining the entire concession area as a single production zone, including undeveloped and future exploration areas. He argued that labeling vast tracts of land as productive when no mining is taking place restricts community land use while offering no corresponding development or compensation.
“Declaring land productive without active mining locks communities into years of uncertainty,” he said. “Development delayed is development denied.”
While acknowledging the integrated nature of rail and port infrastructure, Twayen rejected the notion that mineral deposits should be treated the same way. He warned that such an approach enables long-term warehousing of resources under the guise of efficiency.
The senator also took issue with the amendment’s handling of social infrastructure obligations. Existing agreements require the construction and maintenance of roads, bridges, hospitals, clinics, and schools, commitments he says ArcelorMittal has repeatedly failed to fulfill. Yet, he noted, the proposed amendment removes these obligations and instead promises a separate social impact plan to be developed after ratification.
“That is not acceptable,” Twayen said. “It replaces binding commitments with future promises and strips the Legislature of meaningful oversight.”
Given the concession’s history of noncompliance, the senator urged lawmakers to reject any amendment that defers core community obligations until after approval. He called on the Inter-Ministerial Concessions Committee (IMCC) to submit a comprehensive and legally binding social and community development framework, complete with timelines, as part of the agreement before it reaches the Legislature.
He further recommended that lawmakers demand full transfer documentation, beneficial ownership disclosures, and audited financial statements to clearly establish ArcelorMittal’s financial position and long-term obligations in Liberia.
“This stance is not anti-investment,” Twayen emphasized. “It is pro-Liberia, pro-rule of law, and pro-community.”
Until continuity of liability is secured, parent guarantees are provided, production areas are properly defined, and social infrastructure obligations are explicitly restored, the senator said any approval of the Third Amendment would be premature.
“The people of Nimba County, and Liberia as a whole, deserve certainty, accountability, and real development,” he concluded. “Concession compliance is not optional, and no agreement is too large to be governed by clear, enforceable obligations.”
