Legal Basis & Methodology References

The Green-Gate Programme is a national sovereign carbon contribution scheme established by ministerial decree and operated under a ten-year concession. The table below states its essential parameters.

A.1 — Ministerial Decree MOE&CC/MWI/36/2026

Adopted in Hargeisa on 31 March 2026 by the Ministry of Environment & Climate Change together with the Ministry of Water Industry, this decree formally establishes the Green-Gate Programme as a national sovereign carbon contribution scheme applicable to all commercial vessels and aircraft operating within Somaliland jurisdiction.

Key provisions

• Article 1 — Establishment of the Green-Gate Programme
• Article 2 — Perimeter of application (EEZ + FIR)
• Article 3 — Appointment of SOLIDE TECHNOLOGY as concessionaire (10 years, renewable)
• Article 4 — Carbon rate set at USD 40 per tonne of CO2
• Article 5 — Collection, remittance and audit obligations
• Article 6 — Late-payment penalty (flat USD 20,000 per document)
• Article 7 — Recovery procedure and international enforcement

Reference document: English translation of the decree, certified by the Ministry of Foreign Affairs.

A.2 — Somaliland Maritime Carbon Tax Act (2024)

National framework legislation adopted in 2024 authorising the imposition of carbon contributions on all maritime commerce calling at Somaliland ports. This Act provides the parent authorisation under which Decree MOE&CC/MWI/36/2026 was issued.

Reference document: Somaliland Maritime Carbon Tax Act 2024, English text.

A.3 — SOLIDE TECHNOLOGY concession agreement

The ten-year concession agreement between the Republic of Somaliland and SOLIDE TECHNOLOGY, signed in Hargeisa on 31 March 2026, sets out the operational, financial and reporting obligations of the concessionaire.

Reference document: concession agreement, extracts — commercial terms redacted.

B.1 — IMO MEPC.346(78): voyage-based CO2 method

The Green-Gate maritime contribution is calculated using the internationally recognised voyage-based CO2 measurement method defined by the International Maritime Organization in resolution MEPC.346(78), adopted at the 78th session of the Marine Environment Protection Committee.

For Heavy Fuel Oil (HFO) the emission factor is 3.114 tonnes of CO2 per tonne of fuel (IMO MEPC.346(78), Table 1). Alternative factors apply to Marine Diesel Oil, LNG, methanol and ammonia.

B.2 — UNCLOS Article 211: port-State sovereignty

The United Nations Convention on the Law of the Sea (UNCLOS), Article 211, confers on port States the right to impose environmental measures, including monetary charges, on vessels calling at their ports and operating within their Exclusive Economic Zone.

The Republic of Somaliland exercises this sovereign right through the Green-Gate Programme, which applies to all vessels berthing at the Port of Berbera and other Somaliland maritime facilities.

B.3 — EU MRV Regulation 2023/957: calibration reference

Regulation (EU) 2023/957 on the monitoring, reporting and verification of CO2 emissions from maritime transport is used as a calibration reference for the Green-Gate methodology, ensuring compatibility with international reporting standards.

B.4 — Calculation formula and worked example

Worked example — vessel RASHA, bulk carrier, 17,784 GT, IMO 9235957, pro-forma PRO-2026-064001 (voyage Dubai → Berbera, arrival 26 April 2026).

C.1 — Chicago Convention 1944, Articles 15 and 24

The Convention on International Civil Aviation (Chicago, 7 December 1944) permits States to levy airport and route charges under Article 15 and prohibits the taxation of aviation fuel under Article 24, while allowing environmental charges based on emissions.

The Green-Gate aviation contribution is structured as an environmental charge on CO2-equivalent emissions, not as a fuel tax, and is therefore compatible with Article 24.

C.2 — CORSIA: ICAO Annex 16, Volume IV

The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), established by ICAO through Annex 16 Volume IV to the Chicago Convention, provides the international framework for measuring, reporting and offsetting aviation CO2 emissions.

CORSIA becomes mandatory in 2027. The Green-Gate methodology is aligned with CORSIA measurement standards.

C.3 — IPCC AR6: Radiative Forcing Index

The Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC AR6) confirms that aviation's total climate impact is approximately twice its CO2 emissions, owing to non-CO2 effects: contrails, NOx-induced ozone formation and water vapour.

Green-Gate applies a Radiative Forcing Index multiplier of 2.0 to cruise emissions, in line with the IPCC AR6 central estimate and consistent with EU ETS aviation methodology.

C.4 — Calculation formula and worked example

Worked example — Ethiopian Airlines Group flight ET-309, route ADD-HGA, Boeing 737-800, pro-forma AVI-MAI-2026-0001 (flight of 1 May 2026).

D.1 — ASCR, Africa Sovereign Carbon Registry

The Africa Sovereign Carbon Registry (ASCR) is a pan-African foundation endorsed by the African Union, providing the continental settlement registry for sovereign carbon contributions collected under national programmes such as Green-Gate.

ASCR members as of July 2026: Djibouti, Gabon, Liberia, Somaliland.

D.2 — Independent auditors

• AmSpec Group — independent maritime and aviation emissions auditor, headquartered in Cranbury, New Jersey, United States.
• Forvis Mazars — independent financial auditor, a top-ten global audit firm headquartered in Paris.

Both auditors publish annual assurance reports on the Green-Gate Programme, available on request from the concessionaire.

D.3 — African Union endorsement

The Green-Gate framework is endorsed under the African Union Climate & Development Strategy 2022-2032, paragraph 4.7 on sovereign carbon mechanisms.

E.1 — Dispute period

Any debtor may raise a formal dispute in writing within 10 business days of issuance of a pro-forma invoice. Disputes must be sent to st.operations@greengate.africa together with all supporting documentation.

E.2 — Governing law

Pro-forma invoices issued under the Green-Gate Programme are governed by the laws of the Republic of Somaliland. The Somaliland courts have exclusive jurisdiction over the substantive validity of the contribution.

E.3 — Recovery jurisdiction

Non-payment triggers a graduated recovery process:

• Day 15 — first reminder, issued by the SOLIDE TECHNOLOGY operations team.
• Day 30 — formal notice, issued by SOLIDE TECHNOLOGY management, copied to the Ministry of Environment & Climate Change.
• Day 45 — referral to the bailiff Eidle Advocats in Hargeisa for in rem enforcement, particularly in respect of entities designated under OFAC or UN sanctions, and to the Antwerp Bar (cabinet Van Hooydonk) for international recovery within the European Union.
• Day 90 — public listing on the Green-Gate registry and notification to national maritime authorities and to IATA.

SOLIDE TECHNOLOGY — Concessionaire, Green-Gate Programme
Masalaha Street, M.Haybe District, Hargeisa, Republic of Somaliland
Director: Noël KPATCHAVI
Email: st.operations@greengate.africa
Phone: +33 7 51 42 23 84
Ministry of supervision: Ministry of Environment & Climate Change — Republic of Somaliland