Official documents confirm that Guinea gave full approval under its legal and constitutional framework for some mining projects to export natural resources through Liberia's rail and port, five years before today's debate over the current Ivanhoe Atlantic Concession and Access Agreement before the National Legislature.
Guinea's decision to use Liberia's rail and port for some of its mining projects to export and import isn't new -- it's the law in Guinea.
Documents obtained by the Daily Observer through diplomatic sources show that as far back as late 2020, Guinea's National Assembly, which is its Parliament, Constitutional Court, and President all gave full approval for Guinean mining companies -- especially those in the Nimba Mountain region near Yekepa -- to use Liberia's Yekepa-to-Buchanan railway and port to move goods in and out of their mines, what's referred to as the "Liberia Option." This includes all natural resources and was not limited to only iron ore.
The official signed documents are publicly available for review as obtained by the Daily Observer.
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Download PDF Download PDF The series of approvals began on December 3, 2019, when Guinea's National Assembly introduced a law authorizing the ratification of a protocol signed with Liberia to "facilitate the transport of natural resources from Guinea to Liberia for their export." That law went to the Constitutional Court, which on January 30, 2020, confirmed it was fully consistent with Guinea's Constitution. Finally, then-President Alpha Condé signed a decree on February 18, 2020, formally ratifying the agreement.
In simple terms: Guinea's lawmakers voted for it, its constitutional court cleared it, and its president signed it into law. Any notion by some that Guinea is not aware of this is simply not true according to official Guinean Government record.
Still Standing
Diplomatic sources tell the Observer that the current Guinean administration has never reversed or suspended that ratified decision. The bilateral agreement -- often referred to as the Implementation Agreement -- remains fully in force.
That agreement gives Guinean mining companies the right to bring in equipment through Liberia and to export their minerals through the Port of Buchanan, using Liberian transport infrastructure, particularly the Yekepa-Buchanan railway.
It also makes clear that the arrangement applies mainly to projects in the Nimba Forest region, which lies right along the border with Liberia -- making it logistically and economically sensible to use Liberia's existing infrastructure. This is entirely different from the Simadou region of Guinea which many in Liberia are confusing with the Nimba region, which is 200 kilometers away from Simadou and does not connect to the newly constructed Trans Guinee Rail (TGR) just inaugurated.
Liberia Ratified It Too
Liberia, for its part, ratified the same agreement in May 2021, during the 54th Legislature. The Act, titled An Act Ratifying the Implementation Agreement Between the Republic of Guinea and the Republic of Liberia, gives full legal force to the treaty on the Liberian side.
Together, these twin ratifications -- first by Guinea, then by Liberia -- cement the legal foundation for what has become known as the "Liberia Option."
What the Agreement Actually Says
At its core, the Implementation Agreement creates a framework that allows Guinean mining companies to use Liberian transport systems, while keeping full respect for each country's sovereignty.
Under the deal, Guinea decides which companies are eligible to export through Liberia, while Liberia alone decides whether to grant access to its infrastructure -- its railway and its port.
In other words, both countries act independently on their own side of the border. There's no "joint approval" or foreign interference in domestic decisions. The agreement simply sets out how the two countries can cooperate without overstepping each other's authority.
As one senior Liberian official explained, "Guinea approves which of its mining companies can use the Liberia route. Liberia then decides, based on its own laws and standards, who can use the railway and port. That's it. Each government makes its own call."
The Corridor Vision
The agreement also outlines a clear vision for how the two countries can benefit from shared infrastructure. It promotes the use of "multi-user" transport systems -- meaning no single company should monopolize the rail or port.
Article 6.2 of the Implementation Agreement even encourages the creation of an independent rail operator, a model designed to keep access fair and open to all qualified users.
That clause has become especially significant as Liberia debates new concession agreements and amendments related to the Yekepa-Buchanan corridor. The treaty itself envisions shared access, not exclusivity.
A Half-Century in the Making
The Implementation Agreement signed in 2019 didn't appear out of thin air. It builds on decades of earlier efforts. Liberia and Guinea have been talking about cross-border mineral transport since 1973, when they signed their first Transit Agreement.
That was followed by another protocol in 1983, and later, a facilitation agreement in 2013 -- all aiming to make the "Liberia Option" real. None of those earlier deals ever made it to full implementation -- until now.
By 2019, both governments decided to finally finish what their predecessors had started. The result was the current Implementation Agreement -- ratified in both capitals, backed by law, and reinforced by modern provisions for customs coordination, safety, and dispute resolution.
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Why It Matters Now
This legal clarity matters because the debate over Guinea's use of Liberia's infrastructure has resurfaced in recent months. Some voices have claimed that Guinea has not formally agreed to export through Liberia, or that new approvals are needed.
The documents now on the record tell a different story. Guinea approved it. Liberia approved it. The agreement stands.
In fact, several Guinean mining companies -- Ivanhoe Atlantic's SMFG, SRG Mining, Nimba Development Corporation, and Zali Mining -- have already received permission from Guinea's Ministry of Mines to use the Liberia route. Ivanhoe is simply the first to advance its project far enough to require legislative ratification on the Liberian side.
The Road Ahead
What remains is implementation -- getting the trains moving. The treaty already provides the blueprint: fair, non-discriminatory access; shared infrastructure; and an independent operator to ensure smooth cross-border trade.
The next step is for Liberia to make that vision work in practice -- balancing national interest, investor confidence, and regional cooperation.
The bottom line is that the "Liberia Option" is not just an idea -- it's the law. And according to the evidence, Guinea said "yes" a long time ago, and has never said otherwise.
