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Thursday, May 2, 2024

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For Fiscal Year 2020... NRA Clears NMA of Wrongly Withholding Le15.9B of Revenue Generated By Amin Kef Sesay It could recalled that the Auditor General’s Report of 2020 named the National Minerals Agency (NMA) as one of the Government agencies that could not account for a certain amount of public funds it generated during the period when the audit was conducted thereby portraying the institution as one that was not accountable and transparent. However, the Internal Controls and Audit Department of the National Revenue Authority (NRA) has come up with a contrary view. The NRA Internal Controls and Audit Department noted that the National Minerals Agency (NMA) failed to pay some components of their revenue, totalling Le 15.9 billion into the Consolidated Revenue Fund during 2020. It further disclosed that in contravention of Section 45 of the Public Financial Management Regulations of 2018, those revenues were not collected by the National Revenue Authority as they were not disclosed in the NRA cash analysis regarding NMA. Importantly, the NRA claims that the Finance Act of 2017, Section 35 stipulates that the National Minerals Agency Act, 2012 is amended by repealing and replacing Section 18 with the following new Section-18 which now stipulates that all revenues collected by or due to the Agency shall be paid into a Special Treasury Account of the Consolidated Fund provided that the following revenues shall not be paid into the special Treasury Account of the Consolidated Fund- (a) monies accruing to the Agency in the course of its operations (b) minerals and trading rights application fees (c) monitoring fees and precious mineral valuation fees, and (d) regulatory fees, fines and other monetary sanctions imposed by the Agency. It continued that notwithstanding the provisions in the above Act, the Fiscal Management and Control Act 2017 that came into effect 1 July 2017 overrides the above for agencies that should withhold special funds. Such confirms the NMA Management’s response to the 2020 Auditor General’s Report that Section 18 of NMA Act 2012 makes provision for all revenues to be paid to the Special Treasury Account or the Consolidated Revenue Fund (CRF) but the Finance Act 2017 repealed that Section 18 of the NMA Act 2012 giving the agency powers to withhold certain funds it collects. Clearly stated was that the Executive Order number 1 that came out in 2018 enforced the Fiscal Management and Control Act 2017 and so therefore, the NMA can withhold fees specified in the Finance Act 2017. Therefore, the Internal Controls and Audit Department of the National Revenue Authority (NRA) therefore stated that the Le 15.9 billion Leones are funds not collected by the NRA but the National Minerals Agency (NMA). In as much as the NRA was trying to justify that it did not collect the said amount it indirectly exonerates the NMA of any wrong doing by referencing the requisite legal provision.

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