s194-03_e

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WT/TPR/S/194 Trade Policy Review

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III. TRADE POLICIES AD PRACTICES !" #EAS$RE

%1& ITROD$CTIO

1. Since its last TPR in 2001, Ghana has continued to implement trade liberalization reforms,albeit at a somewhat slower pace. Ghana's applied tariff consists of four bands zero, !", 10", and20"#$ this structure applies to all %oods e&cept for 1 petroleum products, which face specific tariffs.The a(era%e applied )*+ tariff in 200 is 12.", down from 1-." in 2000. )*+ rates ona%ricultural products T/ definition# are %enerall hi%her, with an a(era%e of 1.!", while nona%ricultural products carr an a(era%e tariff of 12.0". Some 12" of all tariff lines now carr the zerorate. mports from other 34/5S members are dut free.

2. n addition to tariffs, imports are sub6ect to a (alueadded ta& of 12.!", a +ational 7ealthnsurance 8e( of 2.!", and e&cise ta&es$ no distinction is made between domestic and imported

%oods in the imposition of internal ta&es. Two additional char%es, the 34/5S le( and the 3&port9e(elopment and n(estment *und 8e(, appl onl on imports. Ghana does not ha(e le%islation oncontin%enc measures, and has not imposed such measures since its last Re(iew. Ghana's technicalre%ulations co(er a wide ran%e of a%ricultural and nona%ricultural %oods and do not distin%uish

between imported and domesticall produced %oods.

. 3&porters of cocoa and %old are sub6ect to a forei%n e&chan%e surrender and con(ersionre:uirement. 3&port ta&es appl on cocoa and hdrocarbons, but were abolished on timber products.3&port prohibitions are in place for round or unprocessed lo%s, raw rattan cane, and bamboo. Ghanahas notified that it does not pro(ide an e&port subsidies. 7owe(er, with a (iew to promotin%e&ports, an e&port processin% zone scheme and a dut drawbac; mechanism are in place. TheGo(ernment also promotes e&ports throu%h public e&port credits and mar;etin% assistance.

-. 9espite on%oin% pri(atization, stateowned enterprises continue to pla a si%nificant role inthe econom, notabl in the electricit, petroleum, and transport subsectors. Ghana does not ha(ele%islation on anticompetiti(e practices. 5 new law on %o(ernment procurement was enacted in200 to increase efficienc and transparenc, and new le%islation in most areas of intellectual

propert ri%hts was adopted to meet the re:uirements of the TRPS 5%reement$ the Go(ernment hasalso increased enforcement efforts.

%2& #EAS$RESDIRECTL"A''ECTI(I#PORTS

%i& C)*+o,* -roced)re* ad val)a+io

1. There are no special re%istration re:uirements for importers. mports must be accompaniedb< the ori%inal bill of ladin% or airwa bill$ an in(oice attested b the e&porter customs form 4.=1#$a pac;in% list$ an import declaration form 9*#$ a final classification and (aluation report *4>R#issued b a destination inspection compan$ a ta& clearance certificate issued b the nternalRe(enue Ser(ice#1$ a ta&paers identification number$ and an import permit, if appropriate.

2. The 9* can be purchased at the )inistr of Trade and ndustr or (arious commercial ban;sa%ainst a fee of G74 ! and can be submitted electronicall. The use of an appro(ed destinationinspection compan for the completion of the *4>R, includin% price (erification, is mandator for all

1

The certificate attests compliance b ta&paers with income ta& obli%ations. Since 2001, a fee of 1"of the c.i.f. (alue is paable on %oods imported in commercial :uantities that are not co(ered b a (alidcertificate.

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Page 2

imports of ?S@2,000 and abo(e.2 The fee for destination inspection is 1" of the c.i.f. (alue of %oods.Goods ma be stored, under customs control and sub6ect to fees, in a public or pri(ate bonded

warehouse without an pament of import duties for up to two ears. +o import insurance isre:uired. Steps to harmonize customs procedures at the 34/5S le(el ha(e not et been ta;en.

. The Ghana 4ustoms, 3&cise and Pre(enti(e Ser(ice 43PS# is responsible for customsclearance and collectin% customs and e&cise duties and >5T on imports$ it maintains =A customsstations. The 43PS uses the full computerized Ghana 4ustoms )ana%ement Sstem for recordin%and clearin% imports. Based on a computerized ris; assessment sstem, %oods are directed to a red,ellow, or %reen channel. The red channel is for products classified as hi%h ris; %oods 7RGs#,forwhich special clearin% and control procedures appl. mporters of 7RGs must re%ister with theGhana Standards Board. 5ll imported 7RGs must be accompanied b a certificate of conformit,with reference to the applicable technical re%ulation, issued b a laborator preferabl in the e&portin%countr. The ellow channel in(ol(es more intensi(e scrutin of documents, with e&amination

dependin% on the le(el of discrepancies and ris; factors detected in the documents or in scannerresults, while the %reen channel is for low ris; products, which ma be released without e&amination.

-. 5bout !0" of consi%nments are sub6ect to phsical inspection$ howe(er, the 43PS aims toreduce this share to 20". 9ependin% on the result of the ris; assessment, customs clearance usuallta;es between 0 minutes and four hours if the re:uired documentation is in order. Postclearance(erification ma be carried out b 4ustoms at the importer's premises if considered necessar.

!. Ghana has reportedl been implementin% the T/ 5%reement on 4ustoms >aluation since5pril 2000, althou%h the underlin% le%islation has not et been adopted. t encounters certaindifficulties in implementin% the 5%reement and has re:uested technical assistance in this respect.

=. Goods in transit are e&empt from customs duties. n 5u%ust 200, a satellitebased electronictrac;in% sstem was introduced. Goods in transit are mar;ed and ma remain in Ghana for ama&imum of 1- das. >ehicles transportin% such %oods are sealed and must pass throu%h specifiedroutes. Bonds must be held until the %oods lea(e the countr.

. 5ppeals a%ainst customs decisions can be lod%ed with the 4ommissioner of 43PS andthereafter with the 4ommittee of 5ppeals in the )inistr of Trade and ndustr. BetweenCanuar and September 200, -A appeals were filed with the 43PS, mostl related to customs(aluation$ on a(era%e, the were resol(ed in three wee;s.

%ii& R)le* o0 origi

1. Ghana does not ha(e an nonpreferential rules of ori%in.

2. ?nder the 34/5S Protocol 5DP1D1D0, adopted in Canuar 200, %oods are considered asori%inatin% in the member state where the ha(e been wholl produced or sufficientl transformed.Sufficient transformation is either a chan%e in tariff subheadin% or local content of at least 0". The

2Below this threshold, an abrid%ed *4>R ma be submitted. n addition, a Ehead loadE option for landborders was introduced in /ctober 200, wai(in% the destination inspection re:uirement for imports of sin%leitems and of %oods in (er small :uantities.

7i%h ris; %oods include< food products$ pharmaceuticals$ electrical appliances$ electrical products$electrical cables$ electronic products$ 8PG clinders and accessories$ tos$ chemical and allied products$

buildin% materials$ used %oods$ petroleum products$ protechnic products$ motor (ehicle batteries$ alcoholicand nonalcoholic products$ 5frican te&tile prints$ arms and ammunitions$ machetes$ (ehicle spare parts$ andindustrial machiner.

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certificate of ori%in is issued b the Ghana +ational 4hamber of 4ommerce and ndustr. 4ompaniesthat wish to benefit from this scheme must also re%ister with the 34/5S Secretariat.

%iii& Tari00*

a# 5pplied )*+ tariffs

1. Ghana's tariff nomenclature is based on the 2002 (ersion of the 7armonized 4ommodit9escription and 4odin% Sstem 7S#. The 200 applied )*+ tariff has !,A- lines. Tariffs are advalorem, with the e&ception of 1 lines, for petroleum products, which are sub6ect to specific tariffswith a (iew to stabilizin% re(enues and containin% inflation Tables .1 and .2#. 5ll but these1 tariff lines carr tariffs of zero, !", 10", or 20"$ the 10" and 20" rates are each applicable tomore than -0" of tariff lines 4hart .1#. Some 12" of all tariff lines are dutfree, down from1.!" in 2000. There are no seasonal or (ariable tariffs. Tariffs are applied on the c.i.f. (alue of

%oods.

Tale III.1

S+r)c+)re o0 #' +ari00*3 25

Per cent#

25 $.R.

1. Bound tariff lines " of all tariff lines# 1-. n.a.

2. 9utfree tariff lines " of all tariff lines# 11.A 0.0

. +onad valoremtariffs " of all tariff lines# 0.2 0.0

-. Tariff :uotas " of all tariff lines# 0.0 0.0

!. +onad valoremtariffs with no 5>3s " of all tariff lines# 0.2 0.0

=. Simple a(era%e tariff rate 12. A2.

5%ricultural products T/ definition#a

1.! A=.F+ona%ricultural products T/ definition#b 12.0 .F

5%riculture, huntin%, forestr and fishin% S4 1# 1!. A=.!

)inin% and :uarrin% S4 2# 11.- n.a.

)anufacturin% S4 # 12.= A0.-

9omestic tariff Espi;esE " of all tariff lines#c 0.0 0.0

F. nternational tariff Epea;sE " of all tariff lines#d -1.A 100.0

A. /(erall standard de(iation of applied rates =.A 1A.

10. E+uisanceE applied rates " of all tariff lines#e 0.0 0.0

n.a. +ot applicable.

a T/ 5%reement on 5%riculture definitions.b 3&cludin% petroleum.c 9omestic tariff spi;es are defined as those e&ceedin% three times the o(erall simple a(era%e applied rate indicator =#.

d nternational tariff pea;s are defined as those e&ceedin% 1!".e +uisance rates are those %reater than zero, but less than or e:ual to 2".

Source: T/ Secretariat calculations, based on data pro(ided b the Ghanaian authorities.

Tale III.2

S-eci0ic +ari00*3 25

6S code De*cri-+io S-eci0ic d)+y ra+e %(6C/li+re&

210111000

Partiall refined oil incl. crude oil ha(in% under%one primar refinement0.021-

21011100

8i%ht oils, a(iation spirit0.00FF2=

21011200

8i%ht oils, motor spirit, super0.021-

2101100

8i%ht oils, motor spirit, ordinar0.021-

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6S code De*cri-+io S-eci0ic d)+y ra+e %(6C/li+re&

21011A0

0

8i%ht oils other, n.e.s.

0.021-

21011-100

)edium oils, ;erosene tpe 6et fuel0.00FF2=

Tale III.2 %co+8d&

21011-200

)edium oils, other ;erosene0.00FF2=

21011-A00

)edium oils other, n.e.s.0.00FF2=

21011!100

7ea( oils, %as oil0.011A

21011!200

7ea( oils, domestic fuel oil0.00!-20

21011!0

0

7ea( oil, li%ht fuel oil

0.00!-2021011!-00

7ea( oil, hea( fuel oil 0.021-

21011!A00

7ea( oil, hea( fuel oil 0.021-

Source: 4ustoms, 3&cise, and Pre(enti(e Ser(ice.

%.2&

%41.9&%4.2&

%7.9&

%11.&

7

13

137

23

237

/3

/37

7 1 2

1

2

/

4

7

:

5

9

1

Te 0ig)re* i rac;e+* corre*-od +o +e -erce+age o0 +o+al lie*.

WTO Secre+aria+ calc)la+io*3 a*ed o da+a -rovided y +e (aaia a)+ori+ie*.

Car+ III.1

!rea;dow o0 +ari00 ra+e*3 2445

),er o0 +ari00 lie*

o+e ,illio&o. o0

lie* )*ed

Si,-le avg.

+ari00 %?&

Rage +ari00

%?&

S+d=dev

%?&

C@

To+al 7394 739 12.5 =2 :.9 .7 732.

!y WTO de0ii+io

5%riculture F10 F10 1.! 020 -.A 0. =2F.

8i(e animals and products thereof 101 101 1A.- 020 .- 0.2 =.!

9air products 2A 2A 20.0 20.0 0.0 0.0 -.=

4offee and tea, cocoa, su%ar, etc. 1= 1= 1F.2 020 -.2 0.2 1-!.=

4ut flowers and plants 1-. 1020 !.0 0.- 1.2

*ruit and (e%etables 1F 1F 1A.A 020 1.! 0.1 --.0

Grains 1F 1F 1=. 020 =.A 0.- 20.A

/il seeds, fats, oils and their products FA FA 1-.F 1020 !.0 0. !-.0

Be(era%es and spirits !2 !2 1A.F 1020 1.- 0.1 -!.A

Tobacco A A 20.0 20.0 0.0 0.0 1.2

/ther a%ricultural products 1- 1- 1.1 020 =.! 0.! 1.

+ona%riculture e&cl. petroleum# !,110 !,110 12.0 020 =.A 0.= ,AA.A

*ish and fisher products 11= 11= 11.1 !20 .- 0. 12-.)ineral products, precious stones andprecious metals

-F -F 12.A 020 =.1 0.! 2.

)etals =- =- 11.F 020 -.! 0.- 0.

4hemicals and photo%raphic supplies A-F A-F 11.A 020 -. 0.- !-=.1

8eather, rubber, footwear and tra(el %oods 1! 1! 1-. 020 !.1 0.- 1!2.F

ood, pulp, paper and furniture 2=- 2=- 1=.1 020 =.F 0.- -.1

Te&tiles and clothin% F= F= 1.F 020 -. 0.2 1A2.

Transport e:uipment -FF -FF =.0 020 !.F 1.0 F0.

+onelectric machiner ! ! 2.F 020 !. 1.A !=1.0

3lectric machiner 2= 2= 10. 020 =.0 0.= -F.=

+ona%ricultural articles n.e.s. --F --F 1!.= 020 !.F 0.- 11=.0

!y ISIC *ec+orc

5%riculture, huntin%, forestr and fishin% -= -= 1!. 020 =. 0.- 10.

)inin% 112 112 11.- 020 .F 0. =AA.0

)anufacturin% !,-F- !,-1 12.= 020 =.A 0.= -,!11.

!y *+age o0 -roce**ig

Raw materials 00 00 1-. 020 =.2 0.- 1,0A-.=

Semiprocessed products 1,F2F 1,F2F 1.0 020 !.1 0.- A-1.

*ullprocessed products ,-1! ,-02 12. 020 .F 0.= ,2F2.2

a The total of imports is hi%her than the sum of sub items as [email protected] million are not classified in the 7S.b 2 tariff lines on petroleum products are not ta;en into account.c nternational Standard ndustrial 4lassification Re(.2#. 3lectricit, %as and water are e&cluded 1 tariff line#.

+ote< 4> H coefficient of (ariation.

Source< T/ Secretariat estimates, based on data pro(ided b the Ghanaian authorities$ imports 200= from?+S9, 4omtrade database.

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-. n a%%re%ate, Ghana's tariff displas ne%ati(e escalation, with an a(era%e tariff of 1-." onproducts at the first sta%e of processin%, 1.0" for semifinished %oods, and 12." for finished

products Table .#. *urther disa%%re%ation to S4 Re(ision 2# twodi%it le(el, howe(er, showspronounced positi(e tariff escalation from sta%e one to sta%e three of processin% in a number ofimportant subsectors, i.e. food and be(era%es, te&tiles and apparel, chemicals, and nonmetallic

products 4hart .2#. This implies hi%h effecti(e protection to these industries, thereb influencin%resource allocation. The tariff displas mi&ed escalation on wood and paper products, and ne%ati(eescalation on other manufactured products. n %eneral, this tariff structure impedes thecompetiti(eness of certain e&ports from Ghana.

4.4

7.4

14.4

17.4

24.4

27.4

Car+ III.2

Tari00 e*cala+io y ISIC 2=digi+ id)*+ry3 25

Per ce+

Source < WTO Secre+aria+ e*+i,a+e*3 a*ed o da+a -rovided y +e (aaia a)+ori+ie*.

All-rod)c+*

'ood32everage*

Te+ile*3

a--are

Wood-rod)c+*

Pa-er3-ri.+i.

C1e,ical*3

-la*+ic*

o.=,e+allic

,i.era

-rod)c+*

!a*ic,e+a

-rod)c+*

'a2rica+ed,e+a

-rod)c+*

O+1er

,a.)0ac+)ri.

OTAPPLIC

A!LE

Agric)+)re

#i.i.

Raw ,a+erial* Se,i=-roce**ed ')lly=-roce**ed

OTAPPLIC

A!LE

!. The 43PS is responsible for the collection of all duties on imports. *iscal re(enue deri(edfrom imports has increased considerabl since 2001 Table .-#. The dut collection ratio all dutiesand ta&es on imports# was 2" in 200=, up from less than 20" in 2000. The tariff collection ratiowas F.!" in 200=, up from =.F" in 2000.

Tale III.4

'i*cal reve)e collec+ed o i,-or+*3 2=:

G4 billion#

2 21 22 2 24 27 2:

Border ta&es tariffs and other# F0-.-0 1,0F1.0A 1,=0=.00 2,-2-.AA 2,A02.F ,-0.! -,102.A=

>5T A1F.A 1,=F2.0! 1,!F.!F 2,!0=.1F ,122.1 ,-=.- ,AF.1-

+78a n.a. n.a. n.a. n.a. 2=2.2- =FF.01 AA.-1

/ther on petroleum# !!-.2A !A=.=1 1,10!.F! 2,21!.0A ,00!.2 ,=2.A! -,1=0.-!

To+al 23255.:: 3:.9 439.9 5314:.2: 9329.1 11315. 1347.9:

mport (alue 11,!=.0 1-,=1=.0 1,1A.00 22,21.1! -,=A.12 -1,-=.0= -F,-2.-

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n.a. +ot applicable.

a The +ational 7ealth nsurance 8e( +78# was introduced in 200-.

Source: nformation pro(ided b the Ghanaian authorities.

b# Bindin%s

1. Ghana bound 1-." of its tariff lines in the ?ru%ua Round. n a%riculture, all tariffs werebound, mainl at a final ceilin% rate of AA"$ lower bound rates of -0" and !0" were set on a fewa%ricultural products. Products sub6ect to the -0" bound rate include li(e poultr, mil; and cream,wheat, and oil ca;e$ the tariff on tea was bound at !0". >er few nona%ricultural tariffs 1" oftariff lines are bound, at ceilin% rates of mainl 0" and -0", but also at !" and -!". These

bindin%s are mainl on a%ricultural inputs, such as fertilizers, as well as tools and e:uipment.

c# Tariff preferences

1. Ghana is amon% the countries that ha(e full implemented the freetrade area component ofthe 34/5S Trade 8iberalization Scheme, which started in 1AA. Thus, it does not impose antariffs on eli%ible imports ori%inatin% in other 34/5S countries, includin% those that ha(e notimplemented the *T5.

2. Since 200-, ne%otiations on an economic partnership a%reement ha(e been %oin% on betweenest 5frican states, includin% Ghana, and the 3uropean 4ommunities. The a%reement is e&pected toenter into force in Canuar 200F.

d# 9ut concessions and e&emptions

1. The followin% items are e&empt from import tariffs and ta&es< ad(ertisin% material andsamples$ aircraft parts and accessories$ ba%%a%e and personal effects$ educational, cultural, andscientific material$ food speciall put up for infant feedin%$ and machiner, plant, apparatus, andspare parts for a%ricultural purposes.

2. Tariff concessions are in place for imports b< diplomatic missions$ technical assistanceschemes$ churches and reli%ious bodies$ or%anizations supportin% handicapped people$ and hotelsand %uest houses.

. Reduced import tariffs and >5T rates are also a(ailable for certain in(estment %oodsimported b companies under the Ghana n(estment Promotion 4entre 5ct of 1AA-. ?nder thisscheme, a lar%e number of products, mostl contained in 7S chapters F2, F-, F!, and A2, are eli%ible

for zero or reduced rates of tariffs and >5T if imported for in(estment purposes Table .!#.Re:uests for dut e&emptions must be lod%ed with the Ghana n(estment Promotion 4entre and aresub6ect to a fee that depends on the in(oice (alue$ for e&ample, the fee is ?S@!00 for an in(oice(alue of up to ?S@100,000. ith the e&ception of %oods imported specificall b educational, health,and a%ricultural companies, the products attract the normal processin% and other related fees andle(ies. Tariff concessions are also a(ailable under the dut drawbac; and e&port processin% zoneschemes sections #i(# and (##.

Tale III.7

Tari00 ad @AT ee,-+io*3 25

Per cent#

6S eadig o. De*cri-+io Tari00 @AT

F2 e&cept F2.0F# Tools, implements, cutler, spoons and for;s, of base metal$ parts thereof of base metal 0 0

F2.0F Ini(es and cuttin% blades ! 0

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Page 29

6S eadig o. De*cri-+io Tari00 @AT

F- e&cept F-.1# +uclear reactors, boilers, machiner and mechanical appliances$ parts thereof 0 0

F-.1 5utomatic data processin% machines and units thereof 0 12.!

F! e&cept F!.01# 3lectrical machiner and e:uipment and parts thereof$ sound recorders and reproducers,tele(ision ima%e and sound recorders and reproducers, and parts and accessories of sucharticles

0 0

F!.01 Solar, wind, and thermal ener% %eneratin% sets$ electric %eneratin% sets of ! I>5 andabo(e

! 0

A2 )usical instruments$ parts and accessories of such articles 0 0

AF.0AF.0F

5irconditioners$ furnishin%, includin% carpets, beddin%, and fi&tures$ fans and radio sets$refri%eratorsDdeep freezers$ tele(ision sets$ public address sstems$ and croc;er

10 0

Tale III.7 %co+8d&

--.0 Sawn, chipped, sliced or peeled wood 0 12.!

=.01 5luminium in%ots ! 12.!

-!.0 *loats for fishin% nets of natural cor;s# 0 12.!

!F.0F *loat cords for fishin% nets 0 12.!

0.20 *loats for fishin% nets of %lass# 0 12.!

F.0= 8ead wei%hts for fishin% nets of lead# 0 12.!

AF.02.0 R00 nputs for the manufacture of fishin% nets and fishin% ropes 0 12.!

AF.10 Recordin% instruments for the music industr 0 12.!

Source: Ghana n(estment Promotion 4enter 5ct, 1AA-. >iewed at< http

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2.!" to !0" of the c.i.f. (alue, dependin% on tpe and a%e of the (ehicle. n addition, imported used(ehicles are sub6ect to an e&amination fee of 1" of the c.i.f. (alue.

c# nternal ta&es

1. The >5T applies at a standard rate of 12.!" on all domestic and imported %oods and ser(icesunless otherwise specified. The zero rate applies to %oods and ser(ices for e&port. The >5T is le(iedon the c.i.f. (alue of imports plus tariff and other border ta&es, and on the e&factor price for locall

produced %oods. The followin% %oods and ser(ices are e&empt from >5T< a%ricultural inputs,electricit, transportation, construction, pharmaceuticals, biccles, boo;s, and machiner ande:uipment.

2. 5 2.!" +ational 7ealth nsurance 8e( was introduced in 200- on all %oods and ser(icesthat are sub6ect to >5T.

. 3&cise duties on tobacco products and be(era%es are set at !" on malt drin;, 20" on mineralwater, 2!" on alcoholic be(era%es other than beer and malt drin;# and on nonalcoholic be(era%esother than mineral water#, !0" on beer, and 1-0" on tobacco products. The ta&ation base is thee&factor price for locall produced %oods and the c.i.f. price for imported %oods.

%v& I,-or+ -roii+io*3 re*+ric+io*3 ad lice*ig

1. The mports and 3&ports Prohibited Goods# Re%ulations of 1AA- prohibit commercialimports of used or secondhand< hand;erchiefs$ underpants$ mattresses$ and sanitar ware.mportation of used 8PG clinders, to&ic waste, tur;e tails, forei%n soil, and medical soap containin%mercuric iodine is also prohibited.

2. Ghana also maintains import prohibitions in line with international a%reements such as4T3S, the )ontreal Protocol, and the Basel 4on(ention on 7azardous aste.

. 5ccordin% to the authorities, Ghana does not maintain an :uantitati(e restrictions orlicensin% re:uirements on imports.- Some imports, howe(er, re:uire a permit or certificate from theappropriate or%anization prior to importation Table .=#.

Tale III.:

I,-or+ re*+ric+io*3 25

Prod)c+* A)+oriBig a)+ori+y Re)ire,e+

Gold coins, current in the ?nited Iin%dom )inister of *inance 8icencea

Rou%h or uncut diamonds )inister of *inance 8icence

5rms and ammunition )inister of nterior Permit5ll communication e:uipment +ational 4ommunication 5uthorit Permit

Pharmaceuticals )inistr of 7ealth*ood and 9ru%s Board

4ertificate8icence

4inemato%raph films throu%h an port or entr other thanTema, Ta;oradi, or Iota;a nternational 5irport

4ommissioner of 43PS 5ppl to the 4ommissioner

Goods bearin% desi%ns in imitation of mone )inister of *inance 8icence

7andcuffs )inister of nterior 8icence

)achines for duplicatin% ;es )inister of nterior 8icence

4ondensed or e(aporated mil; containin% less than F" bwei%ht of mil; fat and dried or mil; powder containin% lessthan 2=" b wei%ht of mil; fat

4ommissioner of 43PS 5ppl to the 4ommissioner

Gamblin% machines )inistr of *inance Permit

8i(e plants and animals )inistr of 5%riculture Permit

+ets and traps for animals )inistr of 5%riculture Permit

-T/ document GD84D+DDG75D, 21 5pril 200-.

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Page 1

Prod)c+* A)+oriBig a)+ori+y Re)ire,e+

)ercur )inistr of TradeDnspector of )ines Permit

5frican prints wa& print# Ghana Standards Board Permit, prints ma be importedonl throu%h the port of Ta;oradi

Poultr products from certain countries# )inister of TradeD)inister of 5%riculture ..

.. +ot a(ailable.

a 5 licence allows the holder to %enerall en%a%e in the importation of the %oods concerned, while a permit allows a sin%le,indi(idual transaction.

Source: Ghana 4ustoms, 3&cise, and Pre(enti(e Ser(ice undated#, A Guide for Importers and Exporters, and the Public.

%vi& S+adard* ad o+er +ecical re)ire,e+*

a# Standards and technical re%ulations

1. The Ghana Standards Board GSB#, established b the Standards 9ecree in 1A, isresponsible for the o(erall mana%ement and coordination of standardization issues in Ghana!$ it isalso Ghana's en:uir point under the T/ 5%reement on Technical Barriers to Trade. = The GSB ismainl %o(ernmentfunded, but also collects fees from its :ualit assurance and testin% acti(ities. trepresents Ghana in the nternational /r%anization for Standardization S/#, the 5frican Re%ional/r%anization for Standardization 5RS/#, and the nternational /r%anization for 8e%al )etrolo%/8)#. t hosts the 4ode& contact point and is an affiliate member of the nternational 3lectrotechnical 4ommission 34#. The GSB elaborates standards for food, dru%s, cosmetics, anden%ineerin% products, and certifies these products under its certification scheme. t has inspectors atma6or customs offices to ensure that %oods compl with established standards section i##. ?ponre:uest b e&porters, the GSB also issues compliance certificates under the (oluntar 3&port

4ertification Scheme section #iii##.

2. Ghana primaril adopts international standards, especiall S/, 4ode&, or 34 norms. Theinitiati(e for the adoption of a standard is usuall ta;en b industr %roups, academics, consumers, orthe wider public. 5 Technical 4ommittee, composed of sta;eholders such as academics, consumerrepresentati(es, and traders, first e&amines e&istin% international norms. The 4ommittee is supported

b a secretariat pro(ided b the GSB. /nce a draft standard has been elaborated, it is sent to theinterested public$ comments can be pro(ided o(er a period of three months. Standards enter intoforce after their publication in the Government Gazette. nternational norms are %enerall appliedunless found inade:uate$ there ha(e been few cases of this to date. here no international normse&ist, standards from other countries are usuall used$ historicall from Britain but increasin%l fromthe 34 or South 5frica. Ghana has adopted its own standards in a small number of cases, such as for

cassa(a chips or shea butter. Ghana currentl has about 2,000 national and --,!00 internationalstandards on, inter alia, buildin% materials, food and a%ricultural products, household products,electrical %oods, pharmaceuticals, and :ualit mana%ement$ about 1,000 are S/ norms. ?nder theStandards 9ecree, all Ghanaian standards are mandator$ the do not distin%uish between importedand domestic %oods. The Go(ernment is re(isin% the law to also allow for (oluntar standards.

. GSB reco%nizes certificates from accredited laboratories worldwide$ it has concluded mutualreco%nition a%reements with the 34 for fish and fisher products# and Capan for food products#.

!The authorities indicate that a new Standards Bill specifin% the roles and responsibilities of the GSBis under preparation.

= T/ document GDTBTD3+OD2, 1 *ebruar 200=. The authorities indicate that a new Bill

specifin% the roles and responsibilities of the GSB is before 4abinet.Since 5u%ust 200!, the GSB has had full responsibilit for the inspection of products classified asEhi%h ris; %oodsE at customs offices.

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Since 200, the GSB has been in char%e of inspectin% products classified as Ehi%hris; %oodsE atborder stations section i##. mported hi%hris; %oods must either be accompanied b a certificate of

conformit issued b a laborator accredited in its home countr, or the will be inspected b theGSB. mporters ma also submit prior samples.

-. The *ood and 9ru%s Board *9B# re%ulates the manufacture and distribution of foodproducts, pharmaceuticals, cosmetics, and chemicals. 5ll food products must be re%istered b the*9B before the are placed on the mar;et. The re%istration fee is G74 00 for imports andG74 100 for domestic food. Re%istration is productspecific and (alid for three ears.

!. Ghana has accepted the 4ode of Good Practice for the Preparation, 5doption and 5pplicationof Standards.F Since its last TPR, Ghana has notified three TBT measures to the T/ 4ommittee onTechnical Barriers to Trade, on conformit assessment procedures for consumer %oods, labellin%re:uirements for air conditioners and fluorescent lamps, and importation of hi%h ris; %oods.A

b# SPS measures

1. SPS measures in Ghana are primaril the responsibilit of the 9irectorates of Plant Protectionand Re%ulator Ser(ices, and of >eterinar Ser(ices of the )inistr of *ood and 5%riculture$ theformer also ser(es as T/ en:uir point.10 +o distinctions are made between imported and domestic

products.

2. mports of plants and plant products re:uire a phtosanitar certificate from an authorizedbod of the e&portin% countr and an import permit issued b the Plant Protection and Re%ulatorSer(ice. Ghana reco%nizes phtosanitar certificates issued in accordance with the re:uirements ofthe nternational Plant Protection 4on(ention. The Plant Protection and Re%ulator Ser(ice also has

statutor responsibilities o(er plant pest and disease mana%ement, pesticide re%ulation and control,and inspection and certification.

. The >eterinar Ser(ices 9irectorate conducts animal :uarantine. mported products of meatand dair, li(e animals, as well as (eterinar (accines, dru%s, and e:uipment re:uire a permit issued

b the >eterinar Ser(ices 9irectorate and must be co(ered b a (eterinar health certificate from thee&portin% countr. This should certif that the animals were free from infectious disease$ fit forhuman consumption$ slau%htered in appro(ed abattoirs$ and free from radioacti(e contaminants.

-. mports prohibited for SPS reasons include soil$ bud wood of cocoa unless imported throu%ha noncocoaproducin% third countr#$ and all plants infected b pests and diseases. These includerice from locations ;nown to ha(e ;ernel smut, tun%ro, and mottle (iruses$ plants from countries withcocoa witchbroom disease$ and all coconuts in hus; from (arious countries. Ghana also prohibits theimportation of poultr products from certain countries in 5sia, the )iddle 3ast, and 5frica because ofa(ian influenza$ and of bo(ine meat from certain 3uropean and +orth 5merican countries affected bBS3. *or human health reasons, the sale of meat with fat content hi%her than certain thresholds2!" for beef and poultr, !" for mutton, and -2" for por;# is prohibited.

!. Ghana has not submitted an SPS notifications to the T/.

F

T/ document GDTBTD4SD+D1--, 0 )a 2002.AT/ documents GDTBTD+DG75D1, 1F Canuar 200!, 0 5u%ust 200!, and 1 /ctober 200=.10T/ document GDSPSD3+OD1A, 2! Canuar 200=.

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c# )ar;in%, labellin%, and pac;a%in%

1. Ghana's re%ulations on labellin% and mar;in% of specified products are contained in the 1AA2Ghana Standards Board *ood, 9ru%s and /ther Goods# General 8abellin% Rules. mported anddomestic food and dru%s must be labelled in 3n%lish, identifin% attributes such as the tpe of

product, the countr of ori%in, the in%redients or components, net wei%ht, instructions on use, and thee&piration date for perishable foods. Similar labellin% is re:uired on a ran%e of other specified

products, includin% electrical %oods, e.%. tele(isions, airconditioners, batteries, lamps and householdappliances$ cement$ paints$ pesticides$ poultr feed$ toiletries$ and cosmetics.

2. *ines and administrati(e char%es ma be imposed on suppliers of improperl labelledproducts. The products are confiscated and the suppliers ha(e 2F das to relabel them as re:uired forsale. The *ood and 9ru%s Board also carries out inspections to ensure product :ualit and safet.

%vii& Co+igecy ,ea*)re*

1. Since its last TPR in 2001, Ghana has not ta;en an antidumpin%, counter(ailin% orsafe%uard measures. Ghana does not ha(e an national le%islation on contin%enc measures.

2. Special import ta&es STs# on selected products, in place durin% the 1AA0s, were abolished in2002. 5lthou%h the were not e&plicit antidumpin% measures, the STs were partl desi%ned tocounter tradin% practices of forei%n e&porters sellin% at prices assessed to be Eunrealisticall lowE.

%viii& O+er ,ea*)re*

1. Ghana does not maintain an countertrade or offsettin% arran%ements, or localcontent

re:uirements. 7owe(er, a domesticcontent bill is under consideration b the Go(ernment.11 Ghana%enerall follows trade prohibitions or restrictions under sanctions decided b the ?+ Securit4ouncil.

2. The Go(ernment of Ghana maintains strate%ic reser(e stoc;s for petroleum products4hapter >#ii#b##.

%& #EAS$RESDIRECTL"A''ECTI(EPORTS

%i& Regi*+ra+io ad doc),e+a+io

1. 3&porters must be re%istered with the Ghana 3&port Promotion 4ouncil. +ontraditional

e&ports are sub6ect to completion of an e&port form for statistical purposes and to meet :ualit andsafet standards imposed b importin% countries.12

2. 3&ports of cocoa and %old are sub6ect to a forei%n e&chan%e surrender and con(ersionre:uirement, administered b the Ban; of Ghana. *or each e&port transaction, a ban;appro(ede&chan%e control form 52 form# must be filed. 9ependin% on the compan, between 20" and -0"of e&port proceeds must be surrendered and con(erted.

. 3&ports under a preferential re%ime must be accompanied b a certificate of ori%in.4ertificates are issued b the 43PS for e&ports under 5G/5, or b the Ghana +ational 4hamber of4ommerce and ndustr for an other destination. The Plant Protection and Re%ulator Ser(ice issues

11

Republic of Ghana 200=#, p.100.12+ontraditional e&ports comprise all %oods and ser(ices other than cocoa beans$ lumber and lo%s$unprocessed %old and other minerals$ fresh fish$ fresh am$ and electricit.

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phtosanitar certificates re:uired b importin% countries. nspected %oods must be e&ported within1- das after inspection.

%ii& E-or+ +ae*3 carge*3 ad levie*

1. 3&port ta&es are applied on cocoa and hdrocarbons. The ta& rate for cocoa beans isdetermined b the )inister of *inance and 3conomic Plannin%$ fiscal income from e&port ta&es oncocoa totalled G4 =1= billion in a%ricultural ear 200!D0=. The rates on hdrocarbons are [email protected]

per litre on a(iation turbine ;erosene and [email protected] per litre on %as oil. 3&port duties on timberproducts were abolished in 200!. The share of e&port ta&es in total Go(ernment re(enue hasdecreased si%nificantl, from 11.-" in 1AAF to 2." in 200!.1

%iii& E-or+ -roii+io*3 re*+ric+io*3 ad lice*ig

1. 3&ports of round or unprocessed lo%s, raw rattan cane and bamboo, and parrots areprohibited. 3&port permits or certificates are re:uired for a number of products Table >.#.

Tale III.5

(ood* *)ec+ +o *-eci0ic e-or+ re)ire,e+*3 25

Co,,odi+ie* Re)ire,e+ A)+oriBig ody

4ocoa beans *umi%ation and :ualit assurance Ghana 4ocoa )ar;etin% Board's 4ontrol9i(ision

Sawn lumber Permit *orestr 4ommission

)ineral ore Permit )inerals 4ommission

)anufacturedDprocessed %oods 4ertificate Ghana Standards Board

*reshDprocessed fish 4ertificate Ghana Standards Board

4offee, shea nuts, and cashew nuts Oualit certificate Ghana 4ocoa )ar;etin% Board*oodDa%ricultural products e.%. am,pineapple, plantain, palm oil, etc.#

Phtosanitor certificate Plant Protection and Re%ulator Ser(ices

Roc; and roc; samples 4ertificate Geolo%ical Sur(e 9epartment

ildlife Permit 9epartment of Game and ildlife

Pets .. >eterinar Ser(ices in the )inistr of *oodand 5%riculture

4hemicals 4ertificate 3n(ironment Protection 5%enc

Pharmaceuticals .. *ood and 9ru%s Board

5nti:ues Permit )useum and )onuments Board

Timber and wood products Permit *orestr 4ommission

.. +ot a(ailable.

Source: nformation pro(ided b the Ghanaian authorities.

2. 5 (oluntar 3&port 4ertification Scheme was instituted in 5u%ust 200!. ?pon the re:uest ofe&porters, the Ghana Standards Board certifies that %oods compl with national :ualit, safet, orhealth standards b issuin% a mar; of conformit. 5ccordin% to the authorities, this action wasnecessitated b the re6ection or down%radin% of %oods from Ghana in ma6or e&port mar;ets.

. Ghana applies no (oluntar e&port restraints or :uotas.

%iv& D)+y drawac;*

1. The pro(isions for Ghana's dut drawbac; scheme are laid down in sections -0 to -2 of the

4ustoms, 3&cise and Pre(enti(e Ser(ice )ana%ement# 8aw of 1AA. 5n compan that uses

1?ni(ersit of Ghana, nstitute of Statistical, Social and 3conomic Research 200=#, p. -.

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imported raw materials or other inputs in the manufacture of products that are e&ported is entitled toclaim a dut drawbac;. 4ustoms e&port documents endorsed b the 43PS includin% a statement of

composition# and the customs authorities in the importin% countr must be submitted to pro(idee(idence of ree&port. 4laims must be made within twel(e months from the date of e&port. n 200=,10 applications for drawbac; were submitted to the 43PS, for a total of G4 A.! billion. Theauthorities indicate that reimbursement depends on the a(ailabilit of funds.

%v& E-or+ -roce**ig Boe*

1. The importance of e&port processin% zones 3Ps# has %rown considerabl in recent earsTable .F#. 5 total of 10 enterprises currentl benefit from the 3P re%ime. 3P enterprises arein(ol(ed in a wide ran%e of acti(ities, includin% a%riprocessin% cocoa, spices, cashew, fruit# and

production of %arments, te&tiles, and plastic products. There are four 3Ps in Ghana< Tema 3P,located near the seaport in Tema$ 5shanti 3P, located close to the inland port of Ghana Boan;ra$

and Se;ondi and Shama 3Ps, both located near the seaport of Se;ondi.

Tale III.

E-or+ -roce**ig Boe*3 199=:

199 1999 2 21 22 2 24 27 2:

3mploment -F! 1,!!! 1,2 F!0 1,1- -,=12 A,F! =,22 ..

?S@ million#

Production 1!F.! 1=2.2 1-.- 10.= 222.! 2F=.! =-.! =02.A -2A.A

3&port 1-!.- 1F-.1 1=!.1 2A1.0 1-. -1-.0 =2.- !10.0 -!.!

mport .. .. .. 1!. 21.0 2.F 1A. 1A.0 ..

4apital in(estment 11.2 F0.= --.0 1=.! -1.! 1=0.! 11. 1F=.0 122.-

.. +ot a(ailable.

Source: Ghana *ree one Board 200=#, 2! Annual "eport.

2. The *ree one 5ct of 1AA! and its Re%ulations la down the le%al basis for 3Ps in Ghana.?nder the 5ct, the Ghana *ree one Board G*B# has the mandate to establish free zones in Ghana,as well to %rant licences, attract new in(estors, monitor the acti(ities of 3P enterprises, and re%isterdata and ;eep records of economic acti(ities in 3Ps. The Board is composed of nine members,includin% four from the pri(ate sector$ it is chaired b the )inister of Trade and ndustr.

. 3nterprises located in an 3P ha(e the ri%ht to produce an tpe of %ood or ser(ice for e&portand benefit from< e&emption from all import tariffs, >5T, e&cise duties, and other duties and char%es$e&emption from income ta& on profits for ten ears, and ma&imum income ta& of F" after the ten

ears$ e&emption from the withholdin% ta&$ and speed customs formalities as %oods can be clearedon the premises of the compan. 8icences for in(estors are %ranted b the G*B, which also operatesas a onestop ser(ice b assistin% applicants to obtain other rele(ant licences and permits. 8icencefees are between ?S@2,000 and ?S@!,000, dependin% on the acti(it of the compan. n addition,enterprises located in 3Ps were allowed to operate forei%n currenc accounts before this wasallowed to all residents and companies in 9ecember 200=. 7owe(er, under the 34/5S Protocol,e&ports b 3P enterprises to other 34/5S countries are not eli%ible for preferential treatment.

-. n(estors can obtain 3P status without bein% located within the desi%nated 3P, i.e. thecompan can be a free point. 3li%ibilit criteria and licensin% procedures are the same as forenterprises located in an 3P. *ree points ma be located anwhere in Ghana. There are currentl1!0 free points /ctober 200#, most of them located in the Greater 5ccra area.

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!. 5n enterprise located in 3Ps ma sell up to 0" of its production on the national mar;et,sub6ect to the pament of re%ular import duties and ta&es. 7owe(er, there appear to be substantial

lea;a%es to the domestic mar;et.

%vi& E-or+ *)*idie*3 0iace3 i*)race3 ad g)ara+ee*

1. Ghana has notified the T/ that it does not maintain an subsid, includin% an form ofprice support.1-

2. 3&ports are zerorated for >5T refund purposes.

. The 3&port 9e(elopment and n(estment *und 39*#, set up in 2001, pro(ides e&port creditto companies with ma6orit Ghanaian shareholdin%. The 39*'s main source of fundin% is a statutor0.!" fee on all nonpetroleum imports section 2#i(##. n 200!, re(enue from the fee was

G4 1!F. billion. n addition, the 39* is entitled to 10" of the net proceeds from di(ested statecompanies. ts acti(ities are o(erseen b a Board of 1 members, includin% ! pri(ate sectorrepresentati(es.

-. The 39* 4redit *acilit operates with 1F desi%nated financial institutions 9*s#. The 9*srecei(e loan applications from prospecti(e borrowers and submit them, to%ether with their appraisaland recommendation, to the 39* Board. The 9*s bear the credit ris; for appro(ed loans. The39*'s current lendin% rate is 12.!", identical to the Ban; of Ghana's prime rate /ctober 200#.

!. n 200!, G4 12.A billion was appro(ed for credit disbursement for a total of 2A pro6ects.1! nthe same ear, 39* reco(ered G4 12F.F billion out of a total of G4 1!. billion of loans due forrepament, a reco(er rate of F.F". The main products financed under 39*'s credit facilit are

shea butter, cocoa powder, canned tuna, (e%etable oil, and handicrafts.

%vii& E-or+ -ro,o+io ad ,ar;e+ig a**i*+ace

1. 39* also maintains an 3&port 9e(elopment and Promotion *acilit, which supports thede(elopment and promotion of e&port products and pro(ision of ser(ices to the e&port sector. n200!, 39*'s board appro(ed =- applications for a total of G4 !0.1 billion.1=

2. The Ghana 3&port Promotion 4ouncil G3P4#, established in 1A=A, aims to promote e&portsof nontraditional products with a (iew to di(ersifin% Ghana's e&port base. t pro(ides technicalassistance and ad(isor ser(ices to Ghanaian companies in order to create an enablin% en(ironmentfor nontraditional e&port e&pansion. The G3P4's ;e pro%rammes include< mar;et accessfacilitation for e&port companies, technical ad(isor ser(ices on e&port product de(elopment, tradeinformation ser(ices, and e&portrelated human resources de(elopment throu%h the Ghana 3&portSchool. G3P4 has a staff of =$ its acti(ities are funded b 39* 0"# and Go(ernmentcontributions 0"#.

. The stateowned Ghana +ational Procurement 5%enc G+P5#, pre(iousl in char%e ofpublic procurement, is now responsible for promotin% e&ports of processed, nontraditionala%ricultural products to 3urope and est 5frica. n particular, with a staff of -!, G+P5 is to supportsmall and mediumsized enterprises to enter international mar;ets.

1-

T/ documents GDS4)D+DA!DG75, 20 5pril 200-, and GD5GD+DG75D2, 21 5u%ust 2001.1!3&port 9e(elopment and n(estment *und 200=#.1=3&port 9e(elopment and n(estment *und 200=#.

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institutions, e.%. uni(ersities and hospitals, and stateowned enterprises to the e&tent that the usepublic funds. mplementation re%ulations under the 5ct ha(e not been adopted but, accordin% to the

authorities, the 5ct is bein% applied in practice.

-. The 5ct establishes the Public Procurement Board as the central bod for polic formulation,and o(ersi%ht authorit. The Board must ensure that public procurement is carried out in a fair,transparent, and nondiscriminator manner in order to secure the 6udicious and efficient use of stateresources. t has ten members, appointed b the President, of which three must be from the pri(atesector.

!. Public procurement is decentralized< each ministr or public institution must establish aprocurement entit responsible for settin% procurement plans and carrin% out procurement inaccordance with the Public Procurement 5ct. The Public Procurement Board has de(eloped manualsand trainin% modules, and has elaborated standard tender documents. 5ll in(itations to tender must be

published in theProcurement #ulletinand on the Board's website.1

=. The Public Procurement 5ct pro(ides for (arious procurement methods< competiti(etenderin%, twosta%e tenderin%, restricted tenderin%, sin%lesource procurement, and re:uest for:uotation.1F 4ompetiti(e tenderin% is the preferred procurement method$ the use of other methodsmust be 6ustified b the procurement entit. +ational competiti(e tenderin% must be used for the

procurement of %oods and ser(ices abo(e G4 200 million G74 20,000#, and for wor;s abo(eG4 !00 million G74 !0,000#. nternational competiti(e tenderin% must be used for the procurementof wor;s abo(e G74 1,!00,000, ser(ices abo(e G74 200,000, and wor;s abo(e G74 2,000,000$ itmust also be used when effecti(e competition can onl be obtained throu%h the participation offorei%n firms.

. Twosta%e tenderin% is to be used where it is not feasible to formulate detailed specificationsor characteristics of the %oods, wor;s, or ser(ices to be procured or where the procurement entit issee;in% to enter into a research and de(elopment contract. The procurement entit ma, in the firststa%e, ne%otiate with an supplier and as; for initial tenders without a tender price. n the secondsta%e, it ma reformulate specifications and characteristics before in(itin% suppliers to submit finaltenders with prices. Restricted tenderin% ma be used when %oods, wor;s or ser(ices are a(ailableonl from a limited number of suppliers, or when the time and cost re:uired to e&amine and e(aluate alar%e number of tenders is disproportionate to the procurement (alue. n this case, the procuremententit ma in(ite tenders from a number of suppliers sufficient to ensure effecti(e competition, andselect in a nondiscriminator manner. Sin%lesource procurement ma be used where %oods, wor;s,or ser(ices are onl a(ailable from a particular supplier or where there is an ur%ent need for them.

Re:uest for :uotations ma be used for readil a(ailable %oods or technical ser(ices for which there isan established mar;et and if the procurement (alue is below the thresholds for the use of competiti(etenderin%.

F. 5 procurement entit ma %rant a mar%in of preference for certain suppliers< while thenationalit of the supplier is irrele(ant, a minimum percenta%e of national content, specified in theRe%ulations and (arin% with the tpe of %ood, is crucial. Goods satisfin% the localcontentconditions attract a mar%in of preference of up to 20", dependin% on the local content. The mar%inmust be appro(ed b the Public Procurement Board. Statistical data are not a(ailable on the share ofimports in public procurement in Ghana.

1

Public Procurement Board online information. >iewed at< http

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A. 5n supplier who claims to ha(e suffered loss or in6ur ma, if the contract has not alreadentered into force, complain in writin% to the head of the procurement entit. The head of the

procurement entit shall tr to resol(e the complaint b mutual a%reement and issue a foundeddecision. f the contract has alread entered into force, the supplier ma complain to the PublicProcurement Board. The Board ma annul or re(ise an ille%al decision b the procurement entit.

10. The stateowned Ghana +ational Procurement 5%enc has been transformed into an e&portpromotion institution section #(ii##, and is no lon%er in char%e of public procurement.

%iii& S+a+e +radig3 *+a+e=owed e+er-ri*e*3 ad -riva+iBa+io

1. Ghana has notified the T/ that it does not ha(e an statetradin% enterprises within themeanin% of G5TT 5rticle Q>.1A The Precious )inerals )ar;etin% 4orporation and )irame&,which en6oed e&clusi(e e&portin% ri%hts for %old and diamonds mined b smallscale miners at the

time of the last TPR of Ghana, do not en6o an specific monopol ri%hts. The 4ocoa )ar;etin%4ompan, a subsidiar of the Ghana 4ocoa Board, has the monopol ri%ht to e&port cocoa beans.

2. Ghana launched its di(estiture pro%ramme in 1AFF, when more than 00 stateownedenterprises were in operation< most were pri(atized or li:uidated in the 1AA0s. Pri(atization is carriedout b the 9i(estiture mplementation 4ommittee. The most common di(estiture procedure is salesof assets throu%h competiti(e tender. The in(estor who submits the hi%hest price bid opened isin(ited for ne%otiations on the draft sale and purchase a%reement and discussion of a business plan.5n in(estor ma be as;ed to submit a bond to 94 before ne%otiations start. Some 10" of di(estiture

proceeds are earmar;ed for the 3&port 9e(elopment and n(estment *und section #(ii##, while theremainder %oes to the state bud%et. /ther, less fre:uentl used, di(estiture procedures are sale ofshares, 6oint(entures, lease, and li:uidation. The Go(ernment does not hold an %olden shares.

. 3nterprises slated for di(estiture are selected b 4abinet. Between 200 and 200=, !0, mostlsmaller stateowned enterprises, were pri(atized. Sales of assets throu%h competiti(e tender wereused -2 times, se(en companies were di(ested throu%h the sale of shares, and one compan was %i(enin lease. n September 200, the followin% enterprises were slated for pri(atization< Iomenda Su%ar*actor, State 4onstruction 4orporation, Gihoc 4anner, Pa%a )otel, 36ura *arms, State 7otelsTrainin% School, Subri ndustrial Plantation, estern >eneer and 8umber, and Ghana Publishin%.

-. There are full stateowned enterprises in Ghana Table .A#. Stateowned enterprises areparticularl important in petroleum refinin% and distribution, electricit %eneration and distribution,media, transport, telecommunication, and postal ser(ices. n addition, the state holds a sta;e innumerous companies, includin%< Ghana nternational 5irlines 0"#, >584/ A0"#, Ghana4ommercial Ban; -"#, 4ocoa Processin% 4ompan =0"#, 5n%lo5shanti Gold "#, and GhanaBau&ite 4ompan 20"#. *urthermore, the state holds a 10" sta;e in all minin% companies.

Tale III.9

S+a+e=owed e+er-ri*e* %SOE*&3 Oc+oer 25

S+a+e=owed e+er-ri*e Area o0 ac+ivi+y S+a00

3lectricit 4ompan of Ghana Power distribution -,A1

Ghana Telecom Telecommunications -,000

>olta Ri(er 5uthorit Power %eneration ,0

Ghana +ational Petroleum 4orporation Petroleum e&ploration A-

Ghana /il 4ompan 8imited /il mar;etin% and sales 2-

Tale III.9 %co+8d&

1AT/ document GDSTRD+D10DG75, 1A 5pril 200-.

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b an act of unfair competition ma brin% an action for an in6unction to pre(ent the act and for anaward of dama%es.

%v& I+ellec+)al -ro-er+y rig+*

a# 8e%al and institutional framewor;

1. Ghana has notified its main le%islation on intellectual propert ri%hts PRs# to the T/.20

The Re%istrarGeneral is the notified PR contact point for matters re%ardin% patents, industrialdesi%ns, and trade mar;s, while the 4opri%ht /ffice is responsible for issues related to copri%hts.21

2. Ghana is a member of the orld ntellectual Propert /r%anization and the 5frican Re%ionalndustrial Propert /r%anization. t is a si%nator to (arious PR treaties Table .10#.

Tale III.1#e,er*i- o0 WIPO +rea+ie*3 25

Trea+y E+ry i+o 0orce

Berne 4on(ention 8iterar and 5rtistic or;s# 11 /ctober 1AA1

Paris 4on(ention ndustrial Propert# 2F September 1A=

Patent 4ooperation Treat P4T# 2= *ebruar 1AA

P/ 4on(ention 12 Cune 1A=

Source: T/ Secretariat.

. PR protection is a polic priorit for Ghana. Since its last TPR in 2001, Ghana has adoptednew le%islation in most areas of intellectual propert ri%hts with a (iew to bein% full compliant with

the TRPS 5%reement. ts main dedicated domestic statutes for PR protection are< the Patent 5ct of200, the ndustrial 9esi%ns 5ct of 200, the 4opri%ht 5ct of 200!, the Trade )ar;s 5ct of 200-,the Geo%raphical ndications 5ct of 200, the 8aout 9esi%ns of nte%rated 4ircuit 5ct of 200-, andthe Protection 5%ainst ?nfair 4ompetition 5ct of 2000. The authorities indicate that le%islation onthe protection of plant (arieties is at the draftin% sta%e. Ghana's national PR le%islation was re(iewed

b the TRPS 4ouncil in +o(ember 2001.22

b# )ain areas of intellectual propert ri%hts

1. Patents, copri%hts and related ri%hts, trade mar;s, industrial desi%ns, %eo%raphicalindications, laout desi%ns of inte%rated circuits, and undisclosed information are all le%allreco%nized and protected in Ghana Table .11#. 5pplication and re%istration fees for trade mar;s

are each e:ui(alent to ?S@1!0. *or patents and utilit models, application and re%istration fees (arwith the size of the compan< for a compan with more than 2! emploees, for e&ample, theapplication fee is G74 10 for a patent and G74 ! for a utilit model. 5nnual re%istration fees for

patents increase from G74 1 in the first ear to G74 =0 in the 20 thear$ re%istration fees for utilitmodels increase from G74 0.! in the first ear to G74 in the thear.

20T/ document PD+D1DG75D1, 22 5pril 2002.21T/ document PD+DDG75DRe(.A, F +o(ember 200!.22

Ghana replied to :uestions posed b 5ustralia, 4anada, the 3uropean 4ommunities, Capan,Switzerland, and the ?nited States, thereb also referrin% to its new le%islation T/ documents PDODG75D1,PDO2DG75D1, PDODG75D1, and PDO-DG75D1, A *ebruar 200-#.

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1,2F1 in 2000#. 5round AF" of these applications are usuall successfull re%istered. Trade mar;applications in 200= increased to 1,A-=, from 1,=21 in 200!, and 1,11- in 200-.

!. ?nder 5rticle 2 of the 4opri%ht 5ct, blan; (ideo and audio cassettes are sub6ect to a le(of 20"$ the le( is collected b the 43PS. ncome deri(ed from the le( is earmar;ed for acti(itiesof the 4opri%ht /ffice.

=. ?nder the 4opri%ht 5ct, e&pressions of fol;lore are protected a%ainst reproduction, publicperformance, broadcast, adaptation, translation, and other transformation. The ri%hts of fol;lore are(ested in the President of the Republic. The 5ct establishes a +ational *ol;lore Board, whichre%isters e&pressions of fol;lore in Ghana and promotes acti(ities for their dissemination.

c# 3nforcement

1. Ghana has replied to the chec;list of issues on enforcement.2 nfrin%ement of PR le%islationis sub6ect to fines or imprisonment. >iolation of the 4opri%ht 5ct is sub6ect to penalties of up to!00 penalt units2-,or to imprisonment for up to three ears. >iolation of the Patent 5ct is sub6ect to

penalties of up to 2,000 penalt units or imprisonment for up to two ears. 5ccordin% to theauthorities, a ma6or challen%e has been that enforcement re%ulations, compatible with the new laws,ha(e not et been adopted. n the absence of such le%al instruments, the old re%ulations are used tothe e&tent possible. n addition to criminal enforcement, the ri%ht holder has the ri%ht to underta;eci(il action.

2. The 43PS is in char%e of enforcin% PRs at the border. To this end, customs officers ha(ebeen trained to detect and prosecute PR infrin%ements. 4ounterfeited products seized at the borderare destroed. 5ccordin% to the authorities, 5frican te&tile desi%ns are the most fre:uentl

counterfeited product.

. )easures ta;en b the Go(ernment to reduce PR infrin%ements include seminars for smalland mediumsized enterprises, wor;shops for research institutions and uni(ersities, trainin% ofcustoms officials, and public awareness campai%ns for consumers and manufacturers, e.%. throu%h theinstallation of billboards on ma6or streets. *urthermore, special commercial courts were establishedto deal with PR infrin%ements$ trainin% of 6ud%es started in earl 200.

2T/ document PD+D=DG75D1, - 9ecember 2001.2-/ne penalt unit is e:ui(alent to G74 12.

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