Banner
19.3 Security
This is my site Written by MMDA Admin on 30 March, 2011 – 10:16 pm

Important ItemPrevious Clause | Next Clause | Table of Contents

The Company shall have the right in keeping with the provisions of Applicable Law, to directly or indirectly or under contract with other persons, establish and maintain its own security force for the purpose of protecting its staff or maintaining security within the Mining Area, with power both (i) of detention (any detained person to be handed over to the appropriate State authorities as soon as practicable), and (ii) exclusion from the Mining Area and such other parts of the Project Area as may be properly restricted for safety or security reasons. Any such security force will be subject to Applicable Law at all times but shall not have the power of interrogation. The Company shall ensure and monitor that the security force at all times will conduct itself in accordance with Applicable Law (including all Laws relating to apprehension and detention and human rights) and the Voluntary Principles on Security and Human Rights.

Example 1
Security and Human Rights
The Company shall have the right in keeping with the provisions of the Law, to directly or under contract with other persons, establish and maintain its own security force for the purpose of maintaining law, order and security, with power both of detention (any detained person to be handed over to the appropriate Government authorities as soon as practicable), and of search of and exclusion from the Concession Area and such other areas as may be properly restricted for economic, operational or security reasons. Any such security force will be subject to Law at all times and at all times will conduct itself in accordance with Law (including all Laws relating to apprehension and detention and human rights) and the “Voluntary Principles of Security and Human Rights.”

Example 2
Security
The Company may, directly or by contract with a responsible provider of security services, establish, manage and maintain its own asset and employee security and protection service for the purpose of maintaining law, order and security in each Production Area and in the immediate vicinity of other locations at which Concessionaire has or maintains property and assets through its own security force and to do so always being subject to applicable Law (including all Laws relating to apprehension and detention and human rights) and the “Voluntary Principles on Security and Human Rights” (as of December 2008 located at: http://www.voluntaryprinciples.org). Those members of the Company’s (or such contractor’s) security force certified by name by the Company to the Ministry of Justice as being literate, as having have received adequate full time training in police and law enforcement procedures given by an outside contractor satisfactory to the Ministry of Justice, and as having been provided with operating manuals approved by the Ministry of Justice, shall have enforcement powers within the areas described in the preceding sentence, always being subject to Applicable Law.

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

Important ItemPrevious Clause | Next Clause | Table of Contents

Chinese (Simplified) French Portuguese (Brazil) Russian Spanish

Posted in  

Comments are closed.