It seems to me to be the governmental issuing entity's responsibility to determine compliance - not the customer's duty
THIS IS THE PART OF THE ICSID DECISION THAT MAKES NO COMMON SENSE TO ME-
163. Mr. O’Sullivan and Mr. Anderson testified176 that at this meeting:
Mr Kimemia [the Secretary of Cabinet] asked Mr Masibo what the legal position was regarding his office issuing a Special Mining Licence, and whether there was any impediment to him issuing the licence. Commissioner Masibo responded by reading out sections of the Kenyan Mining Act and confirmed that he was within power and had full authority to issue CMK a Special Mining Licence, including for a period of 21 years…Mr Kimemia then informed Commissioner Masibo that if he was satisfied, he could issue CMK a Special Mining Licence. Commissioner Masibo indicated that he was satisfied and that he would proceed accordingly.177 (emphasis added)
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