WT/TPR/S/194 Page 22

Trade Policy Review

III. %1&

TRADE POLICIES A D PRACTICES !" #EAS$RE I TROD$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", and 20"#$ 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 on a%ricultural products .T/ definition# are %enerall0 hi%her, with an a(era%e of 1,.!", while non1 a%ricultural products carr0 an a(era%e tariff of 12.0". Some 12" of all tariff lines now carr0 the zero rate. 2mports from other 34/.5S members are dut0 free. 2. 2n addition to tariffs, imports are sub6ect to a (alue1added ta& of 12.!", a +ational 7ealth 2nsurance 8e(0 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(0 and the 3&port 9e(elopment and 2n(estment *und 8e(0, appl0 onl0 on imports. Ghana does not ha(e le%islation on contin%enc0 measures, and has not imposed such measures since its last Re(iew. Ghana's technical re%ulations co(er a wide ran%e of a%ricultural and non1a%ricultural %oods and do not distin%uish between imported and domesticall0 produced %oods. '. 3&porters of cocoa and %old are sub6ect to a forei%n e&chan%e surrender and con(ersion re:uirement. 3&port ta&es appl0 on cocoa and h0dro1carbons, but were abolished on timber products. 3&port prohibitions are in place for round or unprocessed lo%s, raw rattan cane, and bamboo. Ghana has notified that it does not pro(ide an0 e&port subsidies. 7owe(er, with a (iew to promotin% e&ports, an e&port processin% zone scheme and a dut0 drawbac; mechanism are in place. The Go(ernment also promotes e&ports throu%h public e&port credits and mar;etin% assistance. -. 9espite on%oin% pri(atization, state1owned enterprises continue to pla0 a si%nificant role in the econom0, notabl0 in the electricit0, petroleum, and transport subsectors. Ghana does not ha(e le%islation on anti1competiti(e practices. 5 new law on %o(ernment procurement was enacted in 200' to increase efficienc0 and transparenc0, and new le%islation in most areas of intellectual propert0 ri%hts was adopted to meet the re:uirements of the TR2PS 5%reement$ the Go(ernment has also increased enforcement efforts. %2& %i& #EAS$RES DIRECTL" A''ECTI ( I#PORTS C)*+o,* -roced)re* a.d val)a+io.

1. There are no special re%istration re:uirements for importers. 2mports must be accompanied b0< the ori%inal bill of ladin% or airwa0 bill$ an in(oice attested b0 the e&porter customs form 4.=1#$ a pac;in% list$ an import declaration form 29*#$ a final classification and (aluation report *4>R# issued b0 a destination inspection compan0$ a ta& clearance certificate issued b0 the 2nternal Re(enue Ser(ice#1$ a ta&pa0ers identification number$ and an import permit, if appropriate. 2. The 29* can be purchased at the )inistr0 of Trade and 2ndustr0 or (arious commercial ban;s a%ainst a fee of G74 ! and can be submitted electronicall0. The use of an appro(ed destination inspection compan0 for the completion of the *4>R, includin% price (erification, is mandator0 for all

The certificate attests compliance b0 ta&pa0ers with income ta& obli%ations. Since 2001, a fee of 1" of the c.i.f. (alue is pa0able on %oods imported in commercial :uantities that are not co(ered b0 a (alid certificate.

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Trade Policy Review

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 ma0 be stored, under customs control and sub6ect to fees, in a public or pri(ate bonded warehouse without an0 pa0ment of import duties for up to two 0ears. +o import insurance is re:uired. Steps to harmonize customs procedures at the 34/.5S le(el ha(e not 0et been ta;en. '. The Ghana 4ustoms, 3&cise and Pre(enti(e Ser(ice 43PS# is responsible for customs clearance and collectin% customs and e&cise duties and >5T on imports$ it maintains =A customs stations. The 43PS uses the full0 computerized Ghana 4ustoms )ana%ement S0stem for recordin% and clearin% imports. Based on a computerized ris; assessment s0stem, %oods are directed to a red, 0ellow, or %reen channel. The red channel is for products classified as hi%h ris; %oods 7RGs# ', for which special clearin% and control procedures appl0. 2mporters of 7RGs must re%ister with the Ghana Standards Board. 5ll imported 7RGs must be accompanied b0 a certificate of conformit0, with reference to the applicable technical re%ulation, issued b0 a laborator0 preferabl0 in the e&portin% countr0. The 0ellow channel in(ol(es more intensi(e scrutin0 of documents, with e&amination dependin% on the le(el of discrepancies and ris; factors detected in the documents or in scanner results, while the %reen channel is for low ris; products, which ma0 be released without e&amination. -. 5bout !0" of consi%nments are sub6ect to ph0sical inspection$ howe(er, the 43PS aims to reduce this share to 20". 9ependin% on the result of the ris; assessment, customs clearance usuall0 ta;es between '0 minutes and four hours if the re:uired documentation is in order. Post1clearance (erification ma0 be carried out b0 4ustoms at the importer's premises if considered necessar0. !. Ghana has reportedl0 been implementin% the .T/ 5%reement on 4ustoms >aluation since 5pril 2000, althou%h the underl0in% le%islation has not 0et been adopted. 2t encounters certain difficulties in implementin% the 5%reement and has re:uested technical assistance in this respect. =. Goods in transit are e&empt from customs duties. 2n 5u%ust 200,, a satellite1based electronic trac;in% s0stem was introduced. Goods in transit are mar;ed and ma0 remain in Ghana for a ma&imum of 1- da0s. >ehicles transportin% such %oods are sealed and must pass throu%h specified routes. Bonds must be held until the %oods lea(e the countr0. ,. 5ppeals a%ainst customs decisions can be lod%ed with the 4ommissioner of 43PS and thereafter with the 4ommittee of 5ppeals in the )inistr0 of Trade and 2ndustr0. Between Canuar0 and September 200,, -A appeals were filed with the 43PS, mostl0 related to customs (aluation$ on a(era%e, the0 were resol(ed in three wee;s. %ii& 1. R)le* o0 origi. Ghana does not ha(e an0 non1preferential rules of ori%in.

2. ?nder the 34/.5S Protocol 5DP1D1D0', adopted in Canuar0 200', %oods are considered as ori%inatin% in the member state where the0 ha(e been wholl0 produced or sufficientl0 transformed. Sufficient transformation is either a chan%e in tariff subheadin% or local content of at least '0". The
Below this threshold, an abrid%ed *4>R ma0 be submitted. 2n addition, a Ehead loadE option for land borders was introduced in /ctober 200,, wai(in% the destination inspection re:uirement for imports of sin%le items and of %oods in (er0 small :uantities. ' 7i%h ris; %oods include< food products$ pharmaceuticals$ electrical appliances$ electrical products$ electrical cables$ electronic products$ 8PG c0linders and accessories$ to0s$ chemical and allied products$ buildin% materials$ used %oods$ petroleum products$ p0rotechnic products$ motor (ehicle batteries$ alcoholic and non1alcoholic products$ 5frican te&tile prints$ arms and ammunitions$ machetes$ (ehicle spare parts$ and industrial machiner0.
2

(1a.a

WT/TPR/S/194 Page 24

certificate of ori%in is issued b0 the Ghana +ational 4hamber of 4ommerce and 2ndustr0. 4ompanies that wish to benefit from this scheme must also re%ister with the 34/.5S Secretariat. %iii& a# Tari00* 5pplied )*+ tariffs

1. Ghana's tariff nomenclature is based on the 2002 (ersion of the 7armonized 4ommodit0 9escription and 4odin% S0stem 7S#. The 200, applied )*+ tariff has !,A-' lines. Tariffs are ad valorem, with the e&ception of 1' lines, for petroleum products, which are sub6ect to specific tariffs with a (iew to stabilizin% re(enues and containin% inflation Tables 222.1 and 222.2#. 5ll but these 1' tariff lines carr0 tariffs of zero, !", 10", or 20"$ the 10" and 20" rates are each applicable to more than -0" of tariff lines 4hart 222.1#. Some 12" of all tariff lines are dut01free, down from 1'.!" in 2000. There are no seasonal or (ariable tariffs. Tariffs are applied on the c.i.f. (alue of %oods.
Ta2le III.1 S+r)c+)re o0 #' +ari00*3 2445 Per cent# 2445 1. Bound tariff lines " of all tariff lines# 2. 9ut01free tariff lines " of all tariff lines# '. +on1ad valorem tariffs " of all tariff lines# -. Tariff :uotas " of all tariff lines# !. +on1ad valorem tariffs with no 5>3s " of all tariff lines# =. Simple a(era%e tariff rate 5%ricultural products .T/ definition#a +on1a%ricultural products .T/ definition#b 5%riculture, huntin%, forestr0 and fishin% 2S24 1# )inin% and :uarr0in% 2S24 2# )anufacturin% 2S24 '# , 9omestic tariff Espi;esE " of all tariff lines#c F. 2nternational tariff Epea;sE " of all tariff lines#d A. /(erall standard de(iation of applied rates 10. E+uisanceE applied rates " of all tariff lines#e n.a. a b c d e +ot applicable. .T/ 5%reement on 5%riculture definitions. 3&cludin% petroleum. 9omestic tariff spi;es are defined as those e&ceedin% three times the o(erall simple a(era%e applied rate indicator =#. 2nternational tariff pea;s are defined as those e&ceedin% 1!". +uisance rates are those %reater than zero, but less than or e:ual to 2". 1-., 11.A 0.2 0.0 0.2 12., 1,.! 12.0 1!., 11.12.= 0.0 -1.A =.A 0.0 $.R. n.a. 0.0 0.0 0.0 0.0 A2.' A=.F ',.F A=.! n.a. A0.0.0 100.0 1A.' 0.0

Source: .T/ Secretariat calculations, based on data pro(ided b0 the Ghanaian authorities.
Ta2le III.2 S-eci0ic +ari00*3 2445 6S code 2,1011100 0 2,1011'10 0 2,1011'20 0 2,1011''0 0 De*cri-+io. Partiall0 refined oil incl. crude oil ha(in% under%one primar0 refinement 0.02''18i%ht oils, a(iation spirit 0.00FF2= 8i%ht oils, motor spirit, super 0.02''18i%ht oils, motor spirit, ordinar0 0.02''1S-eci0ic d)+y ra+e %(6C/li+re&

WT/TPR/S/194 Page 27

Trade Policy Review

6S code 2,1011'A0 0 2,1011-10 0 2,1011-20 0 2,1011-A0 0 2,1011!10 0 2,1011!20 0 2,1011!'0 0 2,1011!-0 0 2,1011!A0 0

De*cri-+io. 8i%ht oils G other, n.e.s.

S-eci0ic d)+y ra+e %(6C/li+re& 0.02''1-

)edium oils, ;erosene t0pe 6et fuel 0.00FF2= Ta2le III.2 %co.+8d& )edium oils, other ;erosene 0.00FF2= )edium oils G other, n.e.s. 0.00FF2= 7ea(0 oils, %as oil 0.01,'1A 7ea(0 oils, domestic fuel oil 0.00!-20 7ea(0 oil, li%ht fuel oil 0.00!-20 7ea(0 oil, hea(0 fuel oil 2 0.02''17ea(0 oil, hea(0 fuel oil 22 0.02''1-

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

C1ar+ III.1 !rea;dow. o0 +ari00 ra+e*3 2445

),2er o0 +ari00 li.e* Per ce.+

/3744
),2er o0 li.e*

144 94 %41.9& 94 54 :4 74
C),)la+ed -erce.+age %rig1+=1a.d *cale&

/3444 23744 23444 13744 13444 744 4

%44.2&

44 /4 %11.9& %7.9& %4.2& 4 4 7 14 24 o.=ad valorem 24 14

o+e<

T1e 0ig)re* i. 2rac;e+* corre*-o.d +o +1e -erce.+age o0 +o+al li.e*.

Source < WTO Secre+aria+ calc)la+io.*3 2a*ed o. da+a -rovided 2y +1e (1a.aia. a)+1ori+ie*.

2. Ghana's tariff, li;e .53)?'s common e&ternal tariff 43T#, consists of four bands< 0" for basic and social %oods, !" for raw materials, 10" for intermediate %oods, and 20" for finished %oods. 5ll but the 1' products sub6ect to specific tariffs fall into this structure. +onetheless, Ghana's tariff and the 43T differ in product cate%ories sub6ect to each band.

(1a.a

WT/TPR/S/194 Page 2:

'. The a(era%e applied )*+ tariff in 200, is 12.," Table 222.'#, down from 1-.," in 2000. The coefficient of (ariation of 0.! indicates moderate tariff dispersion. )*+ rates on a%ricultural products .T/ definition# are %enerall0 hi%her, with an a(era%e of 1,.!", with the hi%hest rates applicable to dair0 products and tobacco Table 222.'#. Tariffs on non1a%ricultural products remain lower, with an a(era%e of 12.0". ?sin% the 2S24 Re(ision 2# definition of sectors, a%riculture remains the most tariff protected sector, with an a(era%e tariff of 1!.,", followed b0 manufacturin% 12.="#, while imports of minin% and :uarr0in% products face the lowest tariffs 11.2"#.
Ta2le III./ S),,ary a.aly*i* o0 +1e a--lied #' +ari003 2445 A.aly*i* o. o0 li.e* Tari00 ra+e* 2445 o. o0 li.e* )*ed 739/4 F10 101 2A 1=' ', 1,F 1F FA !2 A 1'!,110 11= '-F =-, A-F 1,! 2=F,= -FF !'' 2=, --F '-= 112 !,-,1 ,00 1,F2F ',-02 Si,-le avg. Ra.ge +ari00 +ari00 %?& %?& 12.5 1,.! 1A.20.0 1F.2 1-.' 1A.A 1=., 1-.F 1A.F 20.0 1'.1 12.0 11.1 12.A 11.F 11.A 1-.' 1=.1 1,.F =.0 2.F 10.' 1!.= 1!., 11.12.= 1-.' 1'.0 12.' 4=24 0120 0120 20.0 0120 10120 0120 0120 10120 10120 20.0 0120 0120 !120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 0120 S+d=dev %?& :.9 -.A '.0.0 -.2 !.0 1.! =.A !.0 1.0.0 =.! =.A ,.=.1 -.! -.' !.1 =.F -.' !.F !.' =.0 !.F =., '.F =.A =.2 !.1 ,.F C@ 4.7 0.' 0.2 0.0 0.2 0.0.1 0.0.' 0.1 0.0 0.! 0.= 0., 0.! 0.0.0.0.0.2 1.0 1.A 0.= 0.0.0.' 0.= 0.0.0.= I,-or+* 244:a %$S> ,illio.& 73/29.9 =2F.' =,.! -'.= 1-!.= 1.2 --.0 20,.A !-.0 -!.A 1.2 1,.' ',A,A.A 12-.' '2,., ',0.' !-=.1 1!2.F '-,.1 1A2.' F0'., !=1.0 -'F.= 11=.0 10,., =AA.0 -,!11., 1,0A-.= A-1., ',2F2.2

To+al !y WTO de0i.i+io.2 5%riculture 8i(e animals and products thereof 9air0 products 4offee and tea, cocoa, su%ar, etc. 4ut flowers and plants *ruit and (e%etables Grains /il seeds, fats, oils and their products Be(era%es and spirits Tobacco /ther a%ricultural products +on1a%riculture e&cl. petroleum# *ish and fisher0 products )ineral products, precious stones and precious metals )etals 4hemicals and photo%raphic supplies 8eather, rubber, footwear and tra(el %oods .ood, pulp, paper and furniture Te&tiles and clothin% Transport e:uipment +on1electric machiner0 3lectric machiner0 +on1a%ricultural articles n.e.s. !y ISIC *ec+orc 5%riculture, huntin%, forestr0 and fishin% )inin% )anufacturin% !y *+age o0 -roce**i.g Raw materials Semi1processed products *ull01processed products

7394/ F10 101 2A 1=' ', 1,F 1F FA !2 A 1'!,110 11= '-F =-, A-F 1,! 2=F,= -FF !'' 2=, --F '-= 112 !,-F,00 1,F2F ',-1!

a b c

The total of imports is hi%her than the sum of sub items as ?S@10.- million are not classified in the 7S. 2' tariff lines on petroleum products are not ta;en into account. 2nternational Standard 2ndustrial 4lassification Re(.2#. 3lectricit0, %as and water are e&cluded 1 tariff line#. +ote< 4> H coefficient of (ariation.

Source< .T/ Secretariat estimates, based on data pro(ided b0 the Ghanaian authorities$ imports 200= from ?+S9, 4omtrade database.

WT/TPR/S/194 Page 25

Trade Policy Review

-. 2n a%%re%ate, Ghana's tariff displa0s ne%ati(e escalation, with an a(era%e tariff of 1-.'" on products at the first sta%e of processin%, 1'.0" for semi1finished %oods, and 12.'" for finished products Table 222.'#. *urther disa%%re%ation to 2S24 Re(ision 2# two1di%it le(el, howe(er, shows pronounced positi(e tariff escalation from sta%e one to sta%e three of processin% in a number of important subsectors, i.e. food and be(era%es, te&tiles and apparel, chemicals, and non1metallic products 4hart 222.2#. This implies hi%h effecti(e protection to these industries, thereb0 influencin% resource allocation. The tariff displa0s mi&ed escalation on wood and paper products, and ne%ati(e escalation on other manufactured products. 2n %eneral, this tariff structure impedes the competiti(eness of certain e&ports from Ghana.

C1ar+ III.2 Tari00 e*cala+io. 2y ISIC 2=digi+ i.d)*+ry3 2445

Per ce.+

27.4
Raw ,a+erial* Se,i=-roce**ed ')lly=-roce**ed

24.4

17.4

14.4
OT APPLICA!LE OT APPLICA!LE

7.4

4.4
o.=,e+allic ,i.eral -rod)c+* 'a2rica+ed ,e+al -rod)c+* 2447 ',-0'.'! ',-='.-, =FF.01 ',,=2.A! 113/15.99 -1,,-=.0= 'ood3 2everage* C1e,ical*3 -la*+ic* !a*ic ,e+al -rod)c+* TeA+ile*3 a--arel Wood -rod)c+* Pa-er3 -ri.+i.g O+1er ,a.)0ac+)ri.g 244: -,102.A= ',AF'.1,AA.-1 -,1=0.-! 1/3447.9: -F,-2,.,All -rod)c+* Agric)+)re #i.i.g

Source < WTO Secre+aria+ e*+i,a+e*3 2a*ed o. da+a -rovided 2y +1e (1a.aia. a)+1ori+ie*.

!. The 43PS is responsible for the collection of all duties on imports. *iscal re(enue deri(ed from imports has increased considerabl0 since 2001 Table 222.-#. The dut0 collection ratio all duties and ta&es on imports# was 2," in 200=, up from less than 20" in 2000. The tariff collection ratio was F.!" in 200=, up from =.F" in 2000.
Ta2le III.4 'i*cal reve.)e collec+ed o. i,-or+*3 2444=4: G4 billion#
2444 Border ta&es tariffs and other# >5T +728a /ther on petroleum# To+al 2mport (alue F0-.-0 A1F.A, n.a. !!-.2A 23255.:: 11,,!=.0, 2441 1,0F1.0A 1,=F2.0! n.a. !A=.=1 /34/:.94 1-,=1=.,0 2442 1,=0=.00 1,'!F.!F n.a. 1,10!.F! 43/9/.94 1,,1A'.00 244/ 2,-2-.AA 2,!0=.1F n.a. 2,21!.0A 5314:.2: 22,2,1.1! 2444 2,A02.F' ',122.'1 2=2.2',00!.,2 9329/.14 '-,=A'.12

(1a.a

WT/TPR/S/194 Page 29

n.a. a

+ot applicable. The +ational 7ealth 2nsurance 8e(0 +728# was introduced in 200-.

Source: 2nformation pro(ided b0 the Ghanaian authorities.

b#

Bindin%s

1. Ghana bound 1-.," of its tariff lines in the ?ru%ua0 Round. 2n a%riculture, all tariffs were bound, mainl0 at a final ceilin% rate of AA"$ lower bound rates of -0" and !0" were set on a few a%ricultural products. Products sub6ect to the -0" bound rate include li(e poultr0, mil; and cream, wheat, and oil ca;e$ the tariff on tea was bound at !0". >er0 few non1a%ricultural tariffs G 1" of tariff lines G are bound, at ceilin% rates of mainl0 '0" and -0", but also at '!" and -!". These bindin%s are mainl0 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 full0 implemented the free1trade area component of the 34/.5S Trade 8iberalization Scheme, which started in 1AA,. Thus, it does not impose an0 tariffs on eli%ible imports ori%inatin% in other 34/.5S countries, includin% those that ha(e not implemented the *T5. 2. Since 200-, ne%otiations on an economic partnership a%reement ha(e been %oin% on between .est 5frican states, includin% Ghana, and the 3uropean 4ommunities. The a%reement is e&pected to enter into force in Canuar0 200F. d# 9ut0 concessions and e&emptions

1. The followin% items are e&empt from import tariffs and ta&es< ad(ertisin% material and samples$ aircraft parts and accessories$ ba%%a%e and personal effects$ educational, cultural, and scientific material$ food speciall0 put up for infant feedin%$ and machiner0, plant, apparatus, and spare parts for a%ricultural purposes. 2. Tariff concessions are in place for imports b0< diplomatic missions$ technical assistance schemes$ churches and reli%ious bodies$ or%anizations supportin% handicapped people$ and hotels and %uest houses. '. Reduced import tariffs and >5T rates are also a(ailable for certain in(estment %oods imported b0 companies under the Ghana 2n(estment Promotion 4entre 5ct of 1AA-. ?nder this scheme, a lar%e number of products, mostl0 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 222.!#. Re:uests for dut0 e&emptions must be lod%ed with the Ghana 2n(estment Promotion 4entre and are sub6ect 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 specificall0 b0 educational, health, and a%ricultural companies, the products attract the normal processin% and other related fees and le(ies. Tariff concessions are also a(ailable under the dut0 drawbac; and e&port processin% zone schemes sections '# i(# and (##.
Ta2le III.7 Tari00 a.d @AT eAe,-+io.*3 2445 Per cent# 6S 1eadi.g o. F2 e&cept F2.0F# F2.0F De*cri-+io. Tools, implements, cutler0, spoons and for;s, of base metal$ parts thereof of base metal Ini(es and cuttin% blades Tari00 0 ! @AT 0 0

WT/TPR/S/194 Page 29

Trade Policy Review

6S 1eadi.g o. F- e&cept F-.,1# F-.,1 F! e&cept F!.01#

De*cri-+io. +uclear reactors, boilers, machiner0 and mechanical appliances$ parts thereof 5utomatic data processin% machines and units thereof 3lectrical machiner0 and e:uipment and parts thereof$ sound recorders and reproducers, tele(ision ima%e and sound recorders and reproducers, and parts and accessories of such articles Solar, wind, and thermal ener%0 %eneratin% sets$ electric %eneratin% sets of ',! I>5 and abo(e )usical instruments$ parts and accessories of such articles 5ir1conditioners$ furnishin%, includin% carpets, beddin%, and fi&tures$ fans and radio sets$ refri%eratorsDdeep freezers$ tele(ision sets$ public address s0stems$ and croc;er0 Sawn, chipped, sliced or peeled wood 5luminium in%ots *loats for fishin% nets of natural cor;s# *loat cords for fishin% nets *loats for fishin% nets of %lass# 8ead wei%hts for fishin% nets of lead# 2nputs for the manufacture of fishin% nets and fishin% ropes Recordin% instruments for the music industr0

Tari00 0 0 0

@AT 0 12.! 0

F!.01 A2 AF.0, AF.0F --.0, ,=.01 -!.0' !F.0F ,0.20 ,F.0= AF.02.'0 R00 AF.10

! 0 10

0 0 0

Ta2le III.7 %co.+8d& 0 ! 0 0 0 0 0 0 12.! 12.! 12.! 12.! 12.! 12.! 12.! 12.!

Source: Ghana 2n(estment Promotion 4enter 5ct, 1AA-. hdnGroup29H'Lhdn8e(el29H' MA *ebruar0 200,N.

>iewed at<

http<DDwww.%ipc.or%.%hD2P5J2nformation.aspK

-. 2n 200!, around 2!" of total imports were e&empt from tariffs. The authorities indicate that a tas; force has been set up in the *inance )inistr0 to re(iew Ghana's tariff e&emptions and concessions. %iv& O+1er c1arge* a00ec+i.g i,-or+*

1. 2mports are sub6ect to a (ariet0 of other duties and char%es, includin%< >5T, e&cise duties, the +ational 7ealth 2nsurance 8e(0, the destination inspection fee, the 34/.5S le(0, the 3&port 9e(elopment and 2n(estment *und 8e(0, and the o(era%e penalt0 on (ehicles. The authorities indicate that the tas; force set up in the )inistr0 of *inance to re(iew Ghana's tariff e&emptions and concessions will also loo; into rationalizin% the number of char%es, le(ies, and fees. b# /ther border ta&es

1. Ghana has bound other duties and char%es /94s# at zero on non1a%ricultural and most a%ricultural %oods while /94s are applied on all imports#, and 1!" on some a%ricultural %oods, includin% mil; and cream, e%%s, tea, wheat, and oil ca;e. 2. 5n 34/.5S le(0 of 0.!" was introduced in 2002 and applies to imports from non1 34/.5S members. The 3&port 9e(elopment and 2n(estment *und 8e(0 of 0.!", introduced in 2000, applies to all non1petroleum imports. '. The destination inspection fee, pa0able directl0 to the inspection compan0, is 1" of the c.i.f. (alue of imports. -. 2mports of blan; (ideo and audio cassettes are sub6ect to a special le(0 of 20" to support 2PR protection. 2mports of flour used to be sub6ect to a le(0 of G4 F per !0 ;%, but collection of this dut0 has been discontinued. !. ?nder the 4ustoms /(era%e Penalties 5ct of 2002, the importation of (ehicles older than ten 0ears is sub6ect to the pa0ment of a penalt0 in addition to tariffs and ta&es. The penalt0 ran%es from

(1a.a

WT/TPR/S/194 Page /4

2.!" to !0" of the c.i.f. (alue, dependin% on t0pe and a%e of the (ehicle. 2n addition, imported used (ehicles are sub6ect to an e&amination fee of 1" of the c.i.f. (alue. c# 2nternal ta&es

1. The >5T applies at a standard rate of 12.!" on all domestic and imported %oods and ser(ices unless otherwise specified. The zero rate applies to %oods and ser(ices for e&port. The >5T is le(ied on the c.i.f. (alue of imports plus tariff and other border ta&es, and on the e&1factor0 price for locall0 produced %oods. The followin% %oods and ser(ices are e&empt from >5T< a%ricultural inputs, electricit0, transportation, construction, pharmaceuticals, bic0cles, boo;s, and machiner0 and e:uipment. 2. 5 2.!" +ational 7ealth 2nsurance 8e(0 was introduced in 200- on all %oods and ser(ices that are sub6ect to >5T. '. 3&cise duties on tobacco products and be(era%es are set at !" on malt drin;, 20" on mineral water, 2!" on alcoholic be(era%es other than beer and malt drin;# and on non1alcoholic be(era%es other than mineral water#, !0" on beer, and 1-0" on tobacco products. The ta&ation base is the e&1factor0 price for locall0 produced %oods and the c.i.f. price for imported %oods. %v& I,-or+ -ro1i2i+io.*3 re*+ric+io.*3 a.d lice.*i.g

1. The 2mports and 3&ports Prohibited Goods# Re%ulations of 1AA- prohibit commercial imports of used or second1hand< hand;erchiefs$ underpants$ mattresses$ and sanitar0 ware. 2mportation of used 8PG c0linders, to&ic waste, tur;e0 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 as 42T3S, the )ontreal Protocol, and the Basel 4on(ention on 7azardous .aste. '. 5ccordin% to the authorities, Ghana does not maintain an0 :uantitati(e restrictions or licensin% re:uirements on imports. - Some imports, howe(er, re:uire a permit or certificate from the appropriate or%anization prior to importation Table 222.=#.
Ta2le III.: I,-or+ re*+ric+io.*3 2445
Prod)c+* Gold coins, current in the ?nited Iin%dom Rou%h or uncut diamonds 5rms and ammunition 5ll communication e:uipment Pharmaceuticals 4inemato%raph0 films throu%h an0 port or entr0 other than Tema, Ta;oradi, or Iota;a 2nternational 5irport Goods bearin% desi%ns in imitation of mone0 7andcuffs )achines for duplicatin% ;e0s 4ondensed or e(aporated mil; containin% less than F" b0 wei%ht of mil; fat and dried or mil; powder containin% less than 2=" b0 wei%ht of mil; fat Gamblin% machines 8i(e plants and animals +ets and traps for animals
-

A)+1oriBi.g a)+1ori+y )inister of *inance )inister of *inance )inister of 2nterior +ational 4ommunication 5uthorit0 )inistr0 of 7ealth *ood and 9ru%s Board 4ommissioner of 43PS )inister of *inance )inister of 2nterior )inister of 2nterior 4ommissioner of 43PS

ReC)ire,e.+ 8icencea 8icence Permit Permit 4ertificate 8icence 5ppl0 to the 4ommissioner 8icence 8icence 8icence 5ppl0 to the 4ommissioner

)inistr0 of *inance )inistr0 of 5%riculture )inistr0 of 5%riculture

Permit Permit Permit

.T/ document GD824D+D'DG75D', 21 5pril 200-.

WT/TPR/S/194 Page /1

Trade Policy Review

Prod)c+* )ercur0 5frican prints wa& print# Poultr0 products from certain countries#

A)+1oriBi.g a)+1ori+y )inistr0 of TradeD2nspector of )ines Ghana Standards Board )inister of TradeD)inister of 5%riculture

ReC)ire,e.+ Permit Permit, prints ma0 be imported onl0 throu%h the port of Ta;oradi ..

.. a

+ot a(ailable. 5 licence allows the holder to %enerall0 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& a#

S+a.dard* a.d o+1er +ec1.ical reC)ire,e.+* Standards and technical re%ulations

1. The Ghana Standards Board GSB#, established b0 the Standards 9ecree in 1A,', is responsible for the o(erall mana%ement and coordination of standardization issues in Ghana !$ it is also Ghana's en:uir0 point under the .T/ 5%reement on Technical Barriers to Trade. = The GSB is mainl0 %o(ernment1funded, but also collects fees from its :ualit0 assurance and testin% acti(ities. 2t represents Ghana in the 2nternational /r%anization for Standardization 2S/#, the 5frican Re%ional /r%anization for Standardization 5RS/#, and the 2nternational /r%anization for 8e%al )etrolo%0 2/8)#. 2t hosts the 4ode& contact point and is an affiliate member of the 2nternational 3lectro1 technical 4ommission 234#. The GSB elaborates standards for food, dru%s, cosmetics, and en%ineerin% products, and certifies these products under its certification scheme. 2t has inspectors at ma6or customs offices to ensure that %oods compl0 with established standards section i##. , ?pon re:uest b0 e&porters, the GSB also issues compliance certificates under the (oluntar0 3&port 4ertification Scheme section '# iii##. 2. Ghana primaril0 adopts international standards, especiall0 2S/, 4ode&, or 234 norms. The initiati(e for the adoption of a standard is usuall0 ta;en b0 industr0 %roups, academics, consumers, or the wider public. 5 Technical 4ommittee, composed of sta;eholders such as academics, consumer representati(es, and traders, first e&amines e&istin% international norms. The 4ommittee is supported b0 a secretariat pro(ided b0 the GSB. /nce a draft standard has been elaborated, it is sent to the interested public$ comments can be pro(ided o(er a period of three months. Standards enter into force after their publication in the Government Gazette. 2nternational norms are %enerall0 applied unless found inade:uate$ there ha(e been few cases of this to date. .here no international norms e&ist, standards from other countries are usuall0 used$ historicall0 from Britain but increasin%l0 from the 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 currentl0 has about 2,000 national and --,!00 international standards on, inter alia, buildin% materials, food and a%ricultural products, household products, electrical %oods, pharmaceuticals, and :ualit0 mana%ement$ about 1,000 are 2S/ norms. ?nder the Standards 9ecree, all Ghanaian standards are mandator0$ the0 do not distin%uish between imported and domestic %oods. The Go(ernment is re(isin% the law to also allow for (oluntar0 standards. '. GSB reco%nizes certificates from accredited laboratories worldwide$ it has concluded mutual reco%nition a%reements with the 34 for fish and fisher0 products# and Capan for food products#.
The authorities indicate that a new Standards Bill specif0in% the roles and responsibilities of the GSB is under preparation. = .T/ document GDTBTD3+OD2,, 1, *ebruar0 200=. The authorities indicate that a new Bill specif0in% the roles and responsibilities of the GSB is before 4abinet. , Since 5u%ust 200!, the GSB has had full responsibilit0 for the inspection of products classified as Ehi%h ris; %oodsE at customs offices.
!

(1a.a

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Since 200', the GSB has been in char%e of inspectin% products classified as Ehi%h1ris; %oodsE at border stations section i##. 2mported hi%h1ris; %oods must either be accompanied b0 a certificate of conformit0 issued b0 a laborator0 accredited in its home countr0, or the0 will be inspected b0 the GSB. 2mporters ma0 also submit prior samples. -. The *ood and 9ru%s Board *9B# re%ulates the manufacture and distribution of food products, pharmaceuticals, cosmetics, and chemicals. 5ll food products must be re%istered b0 the *9B before the0 are placed on the mar;et. The re%istration fee is G74 '00 for imports and G74 100 for domestic food. Re%istration is product1specific and (alid for three 0ears. !. Ghana has accepted the 4ode of Good Practice for the Preparation, 5doption and 5pplication of Standards.F Since its last TPR, Ghana has notified three TBT measures to the .T/ 4ommittee on Technical Barriers to Trade, on conformit0 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 primaril0 the responsibilit0 of the 9irectorates of Plant Protection and Re%ulator0 Ser(ices, and of >eterinar0 Ser(ices of the )inistr0 of *ood and 5%riculture$ the former also ser(es as .T/ en:uir0 point. 10 +o distinctions are made between imported and domestic products. 2. 2mports of plants and plant products re:uire a ph0tosanitar0 certificate from an authorized bod0 of the e&portin% countr0 and an import permit issued b0 the Plant Protection and Re%ulator0 Ser(ice. Ghana reco%nizes ph0tosanitar0 certificates issued in accordance with the re:uirements of the 2nternational Plant Protection 4on(ention. The Plant Protection and Re%ulator0 Ser(ice also has statutor0 responsibilities o(er plant pest and disease mana%ement, pesticide re%ulation and control, and inspection and certification. '. The >eterinar0 Ser(ices 9irectorate conducts animal :uarantine. 2mported products of meat and dair0, li(e animals, as well as (eterinar0 (accines, dru%s, and e:uipment re:uire a permit issued b0 the >eterinar0 Ser(ices 9irectorate and must be co(ered b0 a (eterinar0 health certificate from the e&portin% countr0. This should certif0 that the animals were free from infectious disease$ fit for human consumption$ slau%htered in appro(ed abattoirs$ and free from radioacti(e contaminants. -. 2mports prohibited for SPS reasons include soil$ bud wood of cocoa unless imported throu%h a non1cocoa1producin% third countr0#$ and all plants infected b0 pests and diseases. These include rice from locations ;nown to ha(e ;ernel smut, tun%ro, and mottle (iruses$ plants from countries with cocoa witchbroom disease$ and all coconuts in hus; from (arious countries. Ghana also prohibits the importation of poultr0 products from certain countries in 5sia, the )iddle 3ast, and 5frica because of a(ian influenza$ and of bo(ine meat from certain 3uropean and +orth 5merican countries affected b0 BS3. *or human health reasons, the sale of meat with fat content hi%her than certain thresholds 2!" for beef and poultr0, '!" for mutton, and -2" for por;# is prohibited. !. Ghana has not submitted an0 SPS notifications to the .T/.

F A

.T/ document GDTBTD4SD+D1--, '0 )a0 2002. .T/ documents GDTBTD+DG75D11', 1F Canuar0 200!, '0 5u%ust 200!, and 1' /ctober 200=. 10 .T/ document GDSPSD3+OD1A, 2! Canuar0 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 1AA2 Ghana Standards Board *ood, 9ru%s and /ther Goods# General 8abellin% Rules. 2mported and domestic food and dru%s must be labelled in 3n%lish, identif0in% attributes such as the t0pe of product, the countr0 of ori%in, the in%redients or components, net wei%ht, instructions on use, and the e&piration date for perishable foods. Similar labellin% is re:uired on a ran%e of other specified products, includin% electrical %oods, e.%. tele(isions, air1conditioners, batteries, lamps and household appliances$ cement$ paints$ pesticides$ poultr0 feed$ toiletries$ and cosmetics. 2. *ines and administrati(e char%es ma0 be imposed on suppliers of improperl0 labelled products. The products are confiscated and the suppliers ha(e 2F da0s to re1label them as re:uired for sale. The *ood and 9ru%s Board also carries out inspections to ensure product :ualit0 and safet0. %vii& Co.+i.ge.cy ,ea*)re*

1. Since its last TPR in 2001, Ghana has not ta;en an0 anti1dumpin%, counter(ailin% or safe%uard measures. Ghana does not ha(e an0 national le%islation on contin%enc0 measures. 2. Special import ta&es S2Ts# on selected products, in place durin% the 1AA0s, were abolished in 2002. 5lthou%h the0 were not e&plicit anti1dumpin% measures, the S2Ts were partl0 desi%ned to counter tradin% practices of forei%n e&porters sellin% at prices assessed to be Eunrealisticall0 lowE. %viii& O+1er ,ea*)re*

1. Ghana does not maintain an0 countertrade or offsettin% arran%ements, or local1content re:uirements. 7owe(er, a domestic1content bill is under consideration b0 the Go(ernment. 11 Ghana %enerall0 follows trade prohibitions or restrictions under sanctions decided b0 the ?+ Securit0 4ouncil. 2. The Go(ernment of Ghana maintains strate%ic reser(e stoc;s for petroleum products 4hapter 2> '# ii# b##. %/& %i& #EAS$RES DIRECTL" A''ECTI ( EDPORTS Regi*+ra+io. a.d doc),e.+a+io.

1. 3&porters must be re%istered with the Ghana 3&port Promotion 4ouncil. +on1traditional e&ports are sub6ect to completion of an e&port form for statistical purposes and to meet :ualit0 and safet0 standards imposed b0 importin% countries.12 2. 3&ports of cocoa and %old are sub6ect to a forei%n e&chan%e surrender and con(ersion re:uirement, administered b0 the Ban; of Ghana. *or each e&port transaction, a ban;1appro(ed e&chan%e control form 52 form# must be filed. 9ependin% on the compan0, between 20" and -0" of e&port proceeds must be surrendered and con(erted. '. 3&ports under a preferential re%ime must be accompanied b0 a certificate of ori%in. 4ertificates are issued b0 the 43PS for e&ports under 5G/5, or b0 the Ghana +ational 4hamber of 4ommerce and 2ndustr0 for an0 other destination. The Plant Protection and Re%ulator0 Ser(ice issues
Republic of Ghana 200=#, p.100. +on1traditional e&ports comprise all %oods and ser(ices other than cocoa beans$ lumber and lo%s$ unprocessed %old and other minerals$ fresh fish$ fresh 0am$ and electricit0.
12 11

(1a.a

WT/TPR/S/194 Page /4

ph0tosanitar0 certificates re:uired b0 importin% countries. 2nspected %oods must be e&ported within 1- da0s after inspection. %ii& EA-or+ +aAe*3 c1arge*3 a.d levie*

1. 3&port ta&es are applied on cocoa and h0drocarbons. The ta& rate for cocoa beans is determined b0 the )inister of *inance and 3conomic Plannin%$ fiscal income from e&port ta&es on cocoa totalled G4 =1= billion in a%ricultural 0ear 200!D0=. The rates on h0drocarbons are ?S@0.0A per litre on a(iation turbine ;erosene and ?S@0.0' per litre on %as oil. 3&port duties on timber products were abolished in 200!. The share of e&port ta&es in total Go(ernment re(enue has decreased si%nificantl0, from 11.-" in 1AAF to 2.'" in 200!. 1' %iii& EA-or+ -ro1i2i+io.*3 re*+ric+io.*3 a.d lice.*i.g

1. 3&ports of round or unprocessed lo%s, raw rattan cane and bamboo, and parrots are prohibited. 3&port permits or certificates are re:uired for a number of products Table 2>.,#.
Ta2le III.5 (ood* *)2Eec+ +o *-eci0ic eA-or+ reC)ire,e.+*3 2445 Co,,odi+ie* 4ocoa beans Sawn lumber )ineral ore )anufacturedDprocessed %oods *reshDprocessed fish 4offee, shea nuts, and cashew nuts *oodDa%ricultural products e.%. 0am, pineapple, plantain, palm oil, etc.# Roc; and roc; samples .ildlife Pets 4hemicals Pharmaceuticals 5nti:ues Timber and wood products .. +ot a(ailable. ReC)ire,e.+ *umi%ation and :ualit0 assurance Permit Permit 4ertificate 4ertificate Oualit0 certificate Ph0tosanitor0 certificate 4ertificate Permit .. 4ertificate .. Permit Permit A)+1oriBi.g 2ody Ghana 4ocoa )ar;etin% Board's 4ontrol 9i(ision *orestr0 4ommission )inerals 4ommission Ghana Standards Board Ghana Standards Board Ghana 4ocoa )ar;etin% Board Plant Protection and Re%ulator0 Ser(ices Geolo%ical Sur(e0 9epartment 9epartment of Game and .ildlife >eterinar0 Ser(ices in the )inistr0 of *ood and 5%riculture 3n(ironment Protection 5%enc0 *ood and 9ru%s Board )useum and )onuments Board *orestr0 4ommission

Source: 2nformation pro(ided b0 the Ghanaian authorities.

2. 5 (oluntar0 3&port 4ertification Scheme was instituted in 5u%ust 200!. ?pon the re:uest of e&porters, the Ghana Standards Board certifies that %oods compl0 with national :ualit0, safet0, or health standards b0 issuin% a mar; of conformit0. 5ccordin% to the authorities, this action was necessitated b0 the re6ection or down1%radin% of %oods from Ghana in ma6or e&port mar;ets. '. %iv& Ghana applies no (oluntar0 e&port restraints or :uotas. D)+y draw2ac;*

1. The pro(isions for Ghana's dut0 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'. 5n0 compan0 that uses
1'

?ni(ersit0 of Ghana, 2nstitute of Statistical, Social and 3conomic Research 200=#, p. '-.

WT/TPR/S/194 Page /7

Trade Policy Review

imported raw materials or other inputs in the manufacture of products that are e&ported is entitled to claim a dut0 drawbac;. 4ustoms e&port documents endorsed b0 the 43PS includin% a statement of composition# and the customs authorities in the importin% countr0 must be submitted to pro(ide e(idence of re1e&port. 4laims must be made within twel(e months from the date of e&port. 2n 200=, 1,0 applications for drawbac; were submitted to the 43PS, for a total of G4 'A.! billion. The authorities indicate that reimbursement depends on the a(ailabilit0 of funds. %v& EA-or+ -roce**i.g Bo.e*

1. The importance of e&port processin% zones 3PPs# has %rown considerabl0 in recent 0ears Table 222.F#. 5 total of 1,0 enterprises currentl0 benefit from the 3PP re%ime. 3PP enterprises are in(ol(ed in a wide ran%e of acti(ities, includin% a%ri1processin% cocoa, spices, cashew, fruit# and production of %arments, te&tiles, and plastic products. There are four 3PPs in Ghana< Tema 3PP, located near the seaport in Tema$ 5shanti 3PP, located close to the inland port of Ghana Boan;ra$ and Se;ondi and Shama 3PPs, both located near the seaport of Se;ondi.
Ta2le III.9 EA-or+ -roce**i.g Bo.e*3 1999=4: 1999 3mplo0ment Production 3&port 2mport 4apital in(estment .. +ot a(ailable. -F! 1!F.! 1-!... 11,.2 1999 1,!!! 1=2.2 1F-.1 .. F0.= 2444 1,',2 1'-.1=!.1 .. --.0 2441 F!0 2442 244/ -,=12 2F=.! -1-.0 2'.F 1=0.! 2444 A,F!, ='-.! =2,.1A.' 1'1.' 2447 =,22, =02.A !10.0 1A.0 1F=.0 244: .. -2A.A -!,.! .. 122.-

1,,1?S@ million# 10'.= 222.! 2A1.0 1'!.' 1='.! 1,-.' 21.0 -1.!

Source: Ghana *ree Pone Board 200=#, 2

! Annual "eport.

2. The *ree Pone 5ct of 1AA! and its Re%ulations la0 down the le%al basis for 3PPs in Ghana. ?nder the 5ct, the Ghana *ree Pone Board G*PB# has the mandate to establish free zones in Ghana, as well to %rant licences, attract new in(estors, monitor the acti(ities of 3PP enterprises, and re%ister data and ;eep records of economic acti(ities in 3PPs. The Board is composed of nine members, includin% four from the pri(ate sector$ it is chaired b0 the )inister of Trade and 2ndustr0. '. 3nterprises located in an 3PP ha(e the ri%ht to produce an0 t0pe of %ood or ser(ice for e&port and 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 0ears, and ma&imum income ta& of F" after the ten 0ears$ e&emption from the withholdin% ta&$ and speed0 customs formalities as %oods can be cleared on the premises of the compan0. 8icences for in(estors are %ranted b0 the G*PB, which also operates as a one1stop ser(ice b0 assistin% applicants to obtain other rele(ant licences and permits. 8icence fees are between ?S@2,000 and ?S@!,000, dependin% on the acti(it0 of the compan0. 2n addition, enterprises located in 3PPs were allowed to operate forei%n currenc0 accounts before this was allowed to all residents and companies in 9ecember 200=. 7owe(er, under the 34/.5S Protocol, e&ports b0 3PP enterprises to other 34/.5S countries are not eli%ible for preferential treatment. -. 2n(estors can obtain 3PP status without bein% located within the desi%nated 3PP, i.e. the compan0 can be a free point. 3li%ibilit0 criteria and licensin% procedures are the same as for enterprises located in an 3PP. *ree points ma0 be located an0where in Ghana. There are currentl0 1!0 free points /ctober 200,#, most of them located in the Greater 5ccra area.

(1a.a

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!. 5n enterprise located in 3PPs ma0 sell up to '0" of its production on the national mar;et, sub6ect to the pa0ment of re%ular import duties and ta&es. 7owe(er, there appear to be substantial lea;a%es to the domestic mar;et. %vi& EA-or+ *)2*idie*3 0i.a.ce3 i.*)ra.ce3 a.d g)ara.+ee*

1. Ghana has notified the .T/ that it does not maintain an0 subsid0, includin% an0 form of price support.12. 3&ports are zero1rated for >5T refund purposes.

'. The 3&port 9e(elopment and 2n(estment *und 392*#, set up in 2001, pro(ides e&port credit to companies with ma6orit0 Ghanaian shareholdin%. The 392*'s main source of fundin% is a statutor0 0.!" fee on all non1petroleum imports section 2# i(##. 2n 200!, re(enue from the fee was G4 1!F., billion. 2n addition, the 392* is entitled to 10" of the net proceeds from di(ested state companies. 2ts acti(ities are o(erseen b0 a Board of 1' members, includin% ! pri(ate sector representati(es. -. The 392* 4redit *acilit0 operates with 1F desi%nated financial institutions 9*2s#. The 9*2s recei(e loan applications from prospecti(e borrowers and submit them, to%ether with their appraisal and recommendation, to the 392* Board. The 9*2s bear the credit ris; for appro(ed loans. The 392*'s current lendin% rate is 12.!", identical to the Ban; of Ghana's prime rate /ctober 200,#. !. 2n 200!, G4 12'.A billion was appro(ed for credit disbursement for a total of 2A pro6ects. 1! 2n the same 0ear, 392* reco(ered G4 12F.F billion out of a total of G4 1!'., billion of loans due for repa0ment, a reco(er0 rate of F'.F". The main products financed under 392*'s credit facilit0 are shea butter, cocoa powder, canned tuna, (e%etable oil, and handicrafts. %vii& EA-or+ -ro,o+io. a.d ,ar;e+i.g a**i*+a.ce

1. 392* also maintains an 3&port 9e(elopment and Promotion *acilit0, which supports the de(elopment and promotion of e&port products and pro(ision of ser(ices to the e&port sector. 2n 200!, 392*'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&ports of non1traditional products with a (iew to di(ersif0in% Ghana's e&port base. 2t pro(ides technical assistance and ad(isor0 ser(ices to Ghanaian companies in order to create an enablin% en(ironment for non1traditional e&port e&pansion. The G3P4's ;e0 pro%rammes include< mar;et access facilitation for e&port companies, technical ad(isor0 ser(ices on e&port product de(elopment, trade information ser(ices, and e&port1related human resources de(elopment throu%h the Ghana 3&port School. G3P4 has a staff of ,=$ its acti(ities are funded b0 392* ,0"# and Go(ernment contributions '0"#. '. The state1owned Ghana +ational Procurement 5%enc0 G+P5#, pre(iousl0 in char%e of public procurement, is now responsible for promotin% e&ports of processed, non1traditional a%ricultural products to 3urope and .est 5frica. 2n particular, with a staff of -!, G+P5 is to support small and medium1sized enterprises to enter international mar;ets.

11!

.T/ documents GDS4)D+DA!DG75, 20 5pril 200-, and GD5GD+DG75D2, 21 5u%ust 2001. 3&port 9e(elopment and 2n(estment *und 200=#. 1= 3&port 9e(elopment and 2n(estment *und 200=#.

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%4& %i& a#

#EAS$RES A''ECTI ( PROD$CTIO A D TRADE I.ce.+ive* Research and de(elopment

1. The )inistr0 of 3ducation, Science and Sports is responsible for polic0 issues relatin% to science and technolo%0. The 4ouncil for Scientific and 2ndustrial Research 4S2R#, established in 1A=F, is a statutor0 or%anization responsible for coordinatin% scientific and industrial research. 2t has 1' research institutes and centres under its control, and co(ers both a%ricultural and manufacturin% research on, inter alia, crops, li(estoc;, soil and land use, forestr0, food processin%, and transportation. The 4ouncil is re:uired to %enerate at least '0" of its operational bud%et. /ther or%anizations under the )inistr0 in(ol(ed in technolo%0 de(elopment and transfer are< the Ghana 5tomic 3ner%0 4ommission G534#, the Ghana Re%ional 5ppropriate Technolo%0 2ndustrial Ser(ice *oundation GR5T2S#, the 9e(elopment and 5pplication of 2ntermediate Technolo%0 95P2T#, and the Rural 3nterprise Pro6ect R3P#. 2. The Ghana Research and 5d(ocac0 Pro%ramme G1R5P is a fundin% mechanism to support the institutional de(elopment of research and ad(ocac0 or%anizations in Ghana. G1R5P is supported b0 (arious international donors. b# Small and medium1sized enterprises

1. The +ational Board for Small1Scale 2ndustries +BSS2#, established in 1AF1, has the ob6ecti(e of promotin% and de(elopin% micro1 and small1scale enterprises. 2t or%anizes business impro(ement pro%rammes for e&istin% companies and runs a number of district1based business ad(isor0 centres to promote entrepreneurship, with a (iew to creatin% emplo0ment opportunities, increasin% income le(els of the rural population, and reducin% rural1urban mi%ration. GR5T2S pro(ides trainin% and technical assistance to artisans$ and the Go(ernment 8oan Guarantee Scheme pro(ides %o(ernment %uarantees for loans to small and medium1sized enterprises S)3s#. c# Re%ional polic0

1. .ith a (iew to promotin% re%ional di(ersification, manufacturin% companies located outside 5ccra or Tema benefit from a corporate ta& rebate set at 2!" for companies located in re%ional capitals, and !0" for companies located elsewhere in Ghana. This polic0 has not led to si%nificant re%ional di(ersification, as most industries are still concentrated in the Greater 5ccra area. %ii& (over.,e.+ -roc)re,e.+

1. Ghana is neither a si%nator0 nor an obser(er to the .T/ 5%reement on Go(ernment Procurement. 2. Total %o(ernment procurement amounted to G4 1-,1F= billion in 200! and G4 1,,F-, billion in 200=, e:ui(alent to some 1!" of G9P in both 0ears. 2n 200=, price :uotation was the preferred procurement method, used for 'A" of the procurement (olume, followed b0 national competiti(e tenderin% ',"#, international competiti(e tenderin% 12"#, restricted tenderin% A"#, and sin%le1 source procurement '"#. '. 5 new Public Procurement 5ct was adopted in 200', with a (iew to ensurin% an efficient and transparent procurement s0stem that supports pri(ate1sector de(elopment. The 5ct applies to all procurement of %oods, wor;s, and ser(ices b0 ministries and other %o(ernment a%encies, public

(1a.a

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institutions, e.%. uni(ersities and hospitals, and state1owned enterprises to the e&tent that the0 use public funds. 2mplementation 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 bod0 for polic0 formulation, and o(ersi%ht authorit0. The Board must ensure that public procurement is carried out in a fair, transparent, and non1discriminator0 manner in order to secure the 6udicious and efficient use of state resources. 2t has ten members, appointed b0 the President, of which three must be from the pri(ate sector. !. Public procurement is decentralized< each ministr0 or public institution must establish a procurement entit0 responsible for settin% procurement plans and carr0in% out procurement in accordance with the Public Procurement 5ct. The Public Procurement Board has de(eloped manuals and trainin% modules, and has elaborated standard tender documents. 5ll in(itations to tender must be published in the Procurement #ulletin and on the Board's website.1, =. The Public Procurement 5ct pro(ides for (arious procurement methods< competiti(e tenderin%, two1sta%e tenderin%, restricted tenderin%, sin%le1source procurement, and re:uest for :uotation.1F 4ompetiti(e tenderin% is the preferred procurement method$ the use of other methods must be 6ustified b0 the procurement entit0. +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(e G4 !00 million G74 !0,000#. 2nternational competiti(e tenderin% must be used for the procurement of wor;s abo(e G74 1,!00,000, ser(ices abo(e G74 200,000, and wor;s abo(e G74 2,000,000$ it must also be used when effecti(e competition can onl0 be obtained throu%h the participation of forei%n firms. ,. Two1sta%e tenderin% is to be used where it is not feasible to formulate detailed specifications or characteristics of the %oods, wor;s, or ser(ices to be procured or where the procurement entit0 is see;in% to enter into a research and de(elopment contract. The procurement entit0 ma0, in the first sta%e, ne%otiate with an0 supplier and as; for initial tenders without a tender price. 2n the second sta%e, it ma0 reformulate specifications and characteristics before in(itin% suppliers to submit final tenders with prices. Restricted tenderin% ma0 be used when %oods, wor;s or ser(ices are a(ailable onl0 from a limited number of suppliers, or when the time and cost re:uired to e&amine and e(aluate a lar%e number of tenders is disproportionate to the procurement (alue. 2n this case, the procurement entit0 ma0 in(ite tenders from a number of suppliers sufficient to ensure effecti(e competition, and select in a non1discriminator0 manner. Sin%le1source procurement ma0 be used where %oods, wor;s, or ser(ices are onl0 a(ailable from a particular supplier or where there is an ur%ent need for them. Re:uest for :uotations ma0 be used for readil0 a(ailable %oods or technical ser(ices for which there is an established mar;et and if the procurement (alue is below the thresholds for the use of competiti(e tenderin%. F. 5 procurement entit0 ma0 %rant a mar%in of preference for certain suppliers< while the nationalit0 of the supplier is irrele(ant, a minimum percenta%e of national content, specified in the Re%ulations and (ar0in% with the t0pe of %ood, is crucial. Goods satisf0in% the local1content conditions attract a mar%in of preference of up to 20", dependin% on the local content. The mar%in must be appro(ed b0 the Public Procurement Board. Statistical data are not a(ailable on the share of imports in public procurement in Ghana.
Public Procurement Board online information. >iewed at< http<DDwww.ppb%hana.or%. )inisters ma0 decide that it is in the national interest to use a different procedure. 2n this case, the )inister defines and publishes the method of procurement to be followed in the $ational Gazette.
1F 1,

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Trade Policy Review

A. 5n0 supplier who claims to ha(e suffered loss or in6ur0 ma0, if the contract has not alread0 entered into force, complain in writin% to the head of the procurement entit0. The head of the procurement entit0 shall tr0 to resol(e the complaint b0 mutual a%reement and issue a founded decision. 2f the contract has alread0 entered into force, the supplier ma0 complain to the Public Procurement Board. The Board ma0 annul or re(ise an ille%al decision b0 the procurement entit0. 10. The state1owned Ghana +ational Procurement 5%enc0 has been transformed into an e&port promotion institution section '# (ii##, and is no lon%er in char%e of public procurement. %iii& S+a+e +radi.g3 *+a+e=ow.ed e.+er-ri*e*3 a.d -riva+iBa+io.

1. Ghana has notified the .T/ that it does not ha(e an0 state1tradin% enterprises within the meanin% of G5TT 5rticle Q>22.1A The Precious )inerals )ar;etin% 4orporation and )irame&, which en6o0ed e&clusi(e e&portin% ri%hts for %old and diamonds mined b0 small1scale miners at the time of the last TPR of Ghana, do not en6o0 an0 specific monopol0 ri%hts. The 4ocoa )ar;etin% 4ompan0, a subsidiar0 of the Ghana 4ocoa Board, has the monopol0 ri%ht to e&port cocoa beans. 2. Ghana launched its di(estiture pro%ramme in 1AFF, when more than '00 state1owned enterprises were in operation< most were pri(atized or li:uidated in the 1AA0s. Pri(atization is carried out b0 the 9i(estiture 2mplementation 4ommittee. The most common di(estiture procedure is sales of assets throu%h competiti(e tender. The in(estor who submits the hi%hest price bid opened is in(ited for ne%otiations on the draft sale and purchase a%reement and discussion of a business plan. 5n in(estor ma0 be as;ed to submit a bond to 924 before ne%otiations start. Some 10" of di(estiture proceeds are earmar;ed for the 3&port 9e(elopment and 2n(estment *und section '# (ii##, while the remainder %oes to the state bud%et. /ther, less fre:uentl0 used, di(estiture procedures are sale of shares, 6oint1(entures, lease, and li:uidation. The Go(ernment does not hold an0 %olden shares. '. 3nterprises slated for di(estiture are selected b0 4abinet. Between 200' and 200=, !0, mostl0 smaller state1owned enterprises, were pri(atized. Sales of assets throu%h competiti(e tender were used -2 times, se(en companies were di(ested throu%h the sale of shares, and one compan0 was %i(en in lease. 2n September 200,, the followin% enterprises were slated for pri(atization< Iomenda Su%ar *actor0, State 4onstruction 4orporation, Gihoc 4anner0, Pa%a )otel, 36ura *arms, State 7otels Trainin% School, Subri 2ndustrial Plantation, .estern >eneer and 8umber, and Ghana Publishin%. -. There are '' full0 state1owned enterprises in Ghana Table 222.A#. State1owned enterprises are particularl0 important in petroleum refinin% and distribution, electricit0 %eneration and distribution, media, transport, telecommunication, and postal ser(ices. 2n addition, the state holds a sta;e in numerous companies, includin%< Ghana 2nternational 5irlines ,0"#, >584/ A0"#, Ghana 4ommercial Ban; '-"#, 4ocoa Processin% 4ompan0 =0"#, 5n%lo5shanti Gold '"#, and Ghana Bau&ite 4ompan0 20"#. *urthermore, the state holds a 10" sta;e in all minin% companies.
Ta2le III.9 S+a+e=ow.ed e.+er-ri*e* %SOE*&3 Oc+o2er 2445 S+a+e=ow.ed e.+er-ri*e 3lectricit0 4ompan0 of Ghana Ghana Telecom >olta Ri(er 5uthorit0 Ghana +ational Petroleum 4orporation Ghana /il 4ompan0 8imited Area o0 ac+ivi+y Power distribution Telecommunications Power %eneration Petroleum e&ploration /il mar;etin% and sales S+a00 -,A'1 -,000 ',,0, A2-, Ta2le III.9 %co.+8d&
1A

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

(1a.a

WT/TPR/S/194 Page 44

S+a+e=ow.ed e.+er-ri*e Ghana Post 4ompan0 8imited Ghana 4ocoa Board Ghana 4i(il 5(iation 5uthorit0 Ghana 5irports 4ompan0 8imited Ghana Ports and 7arbours 5uthorit0 >olta 8a;e Transport 4o. 8imited Ghana Broadcastin% 4orporation Ghana +ews 5%enc0 +ew Times 4orporation Graphic 4ommunications Group 8imited Ghana Publishin% 4orporation 2rri%ation 9e(elopment 5uthorit0 Grains and 8e%umes 9e(elopment Board 24/?R 8imited Precious )inerals )ar;etin% 4o. 8imited Ghana Trade *air 4ompan0 8imited G27/4 9istilleries 4ompan0 8imited G+P5 8imited Ghana 7i%hwa0 5uthorit0 5rchitectural and 3n%ineerin% Ser(ices 8imited State 7ousin% 4ompan0 8imited Tema 9e(elopment 4orporation Ghana .ater 4ompan0 8imited 4ommunit0 .ater and Sanitation 5%enc0 Ghana Suppl0 4ompan0 8imited Ghana Railwa0 4ompan0 8imited Tema /il Refiner0 +ational Theatre of Ghana +ote<

Area o0 ac+ivi+y Postal ser(ices Production, processin%, and mar;etin% of cocoa, research 5(iation re%ulation )ana%ement of airports Port ser(ices 8a;e transportation Broadcastin% +ews dissemination +ewspaper production +ewspaper production Publishin%Dprintin% 2rri%ation de(elopment Production of foundation seeds of cereals, le%umes, (e%etables 2rri%ation )ar;etin% Trade fairs, e&hibitions Production Tradin% 4onstruction and maintenance of roads and brid%es 4onstruction consultanc0 7ousin% 3state de(elopment Potable water production and suppl0 Rural water production and sanitation, h0%iene Public procurement Rail transportation Refiner0 Theatre productions

S+a00 2,-,! !,--F '00 ='' 2,F=2 211 1,-,' 1A= 2!A -A' 1A' -!A 2-F 1FA !, A0 2=0 -! 2,1,2 -2A 1F' 2F1 2,A11AA 20 2,-'' F!= A=

The enterprises listed abo(e are 100" owned b0 the State.

Source: 2nformation pro(ided b0 the Ghanaian authorities.

%iv&

Co,-e+i+io. -olicy a.d -rice co.+rol*

1. Ghana does not ha(e le%islation on anti1competiti(e practices, such as abuse of dominant position, price1fi&in%, or mar;et1sharin%. 5 draft bill has been under consideration for se(eral 0ears, but has not been enacted. The +ational 4ommunication 5uthorit0 and the Ban;in% Super(ision 9epartment of the Ban; of Ghana ha(e the mandate, under sector1specific le%islation, to monitor competition in telecommunications and ban;in%, respecti(el0. 2. 2n the absence of a le%al competition framewor;, the Go(ernment uses moral suasion to pre(ent anti1competiti(e practices, e.%. in two recent cases, in(ol(in% a brewer0 and two telecommunication companies. '. *uel prices are set b0 the +ational Petroleum 5uthorit0 in line with a pricin% formula 4hapter 2> '# ii##. *ees at Ghana's seaports must be appro(ed b0 Go(ernment. -. The Protection 5%ainst ?nfair 4ompetition 5ct of 2000 contains pro(isions on fraudulent competition, in particular with re%ard to misleadin% information on characteristics of a product or ser(ice offered, or confusin% use of trade mar;s. 5n0 person who considers the0 ha(e been in6ured

WT/TPR/S/194 Page 41

Trade Policy Review

b0 an act of unfair competition ma0 brin% an action for an in6unction to pre(ent the act and for an award of dama%es. %v& a# I.+ellec+)al -ro-er+y rig1+* 8e%al and institutional framewor;

1. Ghana has notified its main le%islation on intellectual propert0 ri%hts 2PRs# to the .T/. 20 The Re%istrar1General is the notified 2PR contact point for matters re%ardin% patents, industrial desi%ns, and trade mar;s, while the 4op0ri%ht /ffice is responsible for issues related to cop0ri%hts. 21 2. Ghana is a member of the .orld 2ntellectual Propert0 /r%anization and the 5frican Re%ional 2ndustrial Propert0 /r%anization. 2t is a si%nator0 to (arious 2PR treaties Table 222.10#.
Ta2le III.14 #e,2er*1i- o0 WIPO +rea+ie*3 2445 Trea+y Berne 4on(ention 8iterar0 and 5rtistic .or;s# Paris 4on(ention 2ndustrial Propert0# Patent 4ooperation Treat0 P4T# .2P/ 4on(ention E.+ry i.+o 0orce 11 /ctober 1AA1 2F September 1A,= 2= *ebruar0 1AA, 12 Cune 1A,=

Source: .T/ Secretariat.

'. 2PR protection is a polic0 priorit0 for Ghana. Since its last TPR in 2001, Ghana has adopted new le%islation in most areas of intellectual propert0 ri%hts with a (iew to bein% full0 compliant with the TR2PS 5%reement. 2ts main dedicated domestic statutes for 2PR protection are< the Patent 5ct of 200', the 2ndustrial 9esi%ns 5ct of 200', the 4op0ri%ht 5ct of 200!, the Trade )ar;s 5ct of 200-, the Geo%raphical 2ndications 5ct of 200', the 8a0out 9esi%ns of 2nte%rated 4ircuit 5ct of 200-, and the Protection 5%ainst ?nfair 4ompetition 5ct of 2000. The authorities indicate that le%islation on the protection of plant (arieties is at the draftin% sta%e. Ghana's national 2PR le%islation was re(iewed b0 the TR2PS 4ouncil in +o(ember 2001.22 b# )ain areas of intellectual propert0 ri%hts

1. Patents, cop0ri%hts and related ri%hts, trade mar;s, industrial desi%ns, %eo%raphical indications, la0out desi%ns of inte%rated circuits, and undisclosed information are all le%all0 reco%nized and protected in Ghana Table 222.11#. 5pplication and re%istration fees for trade mar;s are each e:ui(alent to ?S@1!0. *or patents and utilit0 models, application and re%istration fees (ar0 with the size of the compan0< for a compan0 with more than 2! emplo0ees, for e&ample, the application fee is G74 10 for a patent and G74 ! for a utilit0 model. 5nnual re%istration fees for patents increase from G74 1 in the first 0ear to G74 =0 in the 20 th 0ear$ re%istration fees for utilit0 models increase from G74 0.! in the first 0ear to G74 ' in the , th 0ear.

.T/ document 2PD+D1DG75D1, 22 5pril 2002. .T/ document 2PD+D'DG75DRe(.A, F +o(ember 200!. 22 Ghana replied to :uestions posed b0 5ustralia, 4anada, the 3uropean 4ommunities, Capan, Switzerland, and the ?nited States, thereb0 also referrin% to its new le%islation .T/ documents 2PDODG75D1, 2PDO2DG75D1, 2PDO'DG75D1, and 2PDO-DG75D1, A *ebruar0 200-#.
21

20

(1a.a

WT/TPR/S/194 Page 42

Ta2le III.11 Overview o0 IPR -ro+ec+io.3 2445 S)2Eec+ Pa+e.+* a.d )+ili+y ,odel* Coverage Patents< an0 product or process that is new, in(ol(es an in(enti(e step and is susceptible to industrial application ?tilit0 models< product or process that is new and susceptible to industrial application D)ra+io. 20 0ears from the date of application Selec+ed eAcl)*io.* a.d li,i+a+io.* +o patent can be %ranted for< 1# disco(eries, or scientific and mathematical theories$ 2# schemes, rules or methods for doin% business, performin% purel0 mental acts or pla0in% %ames$ '# methods for treatment of the human or animal bod0 b0 sur%er0 or therap0, as well as dia%nostic methods practiced on the human or animal bod0 e&cept for products used in an0 of these methods#$ -# in(entions contrar0 to public order or moralit0$ !# plants and animals other than micro1or%anisms$ =# biolo%ical processes for the protection of plants or animals other than non1biolo%ical and micro1biolo%ical processes, and ,# plant (arieties 5n0thin% in an industrial desi%n ser(in% solel0 to obtain technical result

I.d)*+rial de*ig.*

5n0 composition of lines or colours or an0 three1dimensional form, material, or te&tile desi%n where the composition, form or handicraft %i(es a special appearance to a product of industr0 or handicraft and can ser(e as a pattern for a product of industr0 or handicraft

! 0ears from the date of application, renewable for up to 2 consecuti(e periods of ! 0ears

Co-yrig1+ a.d .eig12o)ri.g rig1+*

8iterar0, artistic, musical, audio1(isual, )oral ri%hts< in choreo%raphic, and deri(ati(e wor;s$ sound perpetuit0$ recordin%s$ computer software or pro%rams 3conomic ri%hts< the author's life plus ,0 0ears 5n0 si%n or combination of si%ns capable of 10 0ears, renewable distin%uishin% %oods or ser(ices from others indefinitel0 at 1010ear inter(als 5n0 indication that identifies a %ood as ori%inatin% in the territor0 of a countr0, re%ion, or localit0 8a0out desi%ns of inte%rated circuits Business secrets of commercial (alue, undisclosed data and tests 2ndefinite

2deas, concepts, procedures, methods, or other thin%s of similar nature Permitted use of wor; protected b0 cop0ri%ht includes reproduction, translation, adaptation for e&clusi(e personal use +o trade mar; protection can be %ranted to misleadin% names and names contrar0 to public order and morals 2ndications that are contrar0 to public order or moralit0 2ndications that are not protected in their countr0 of ori%in

Trade ,ar;*

(eogra-1ical i.dica+io.*

Layo)+ de*ig.* $.di*clo*ed i.0or,a+io.

10 0ears +o specific term

Source: Patent 5ct 200'#$ 2ndustrial 9esi%ns 5ct 200'#$ Trade )ar;s 5ct 200-#$ 4op0ri%ht 5ct 200!#$ Geo%raphical 2ndications 5ct 200'#$ 8a0out 9esi%ns of 2nte%rated 4ircuit 5ct 200-#$ Protection 5%ainst ?nfair 4ompetition 5ct 2000#$ and information pro(ided b0 the Ghanaian authorities.

2. Sections 1' and 1- of the Patents 5ct contain pro(isions on compulsor0 licences. .here re:uired in the public interest or where the manner of e&ploitation of a patent is determined to be anti1competiti(e b0 a 6udicial or administrati(e bod0, the responsible )inister ma0 desi%nate a third person or a Go(ernment a%enc0 to e&ploit the in(ention. Public interest reasons include national securit0, nutrition, and health, as well as the de(elopment of (ital sectors of the econom0. The e&ploitation shall be sub6ect to the pa0ment of ade:uate remuneration. ?pon re:uest, courts ma0 also %rant compulsor0 licences in the case of non1e&ploitation of a patent for at least three 0ears. 2n 200!, two compulsor0 licences were %ranted to a Ghanaian compan0 to produce 72> dru%s. '. Ghana's patent and trade mar; le%islation pro(ides for the principle of international e&haustion$ thus, parallel imports are allowed. -. 2n 200=, 22 patent applications were filed, up from 1A in 200! and 12 in 200-. There were '1, applications for industrial desi%ns in 200=, mostl0 related to te&tiles down from ',, in 200! and

WT/TPR/S/194 Page 4/

Trade Policy Review

1,2F1 in 2000#. 5round AF" of these applications are usuall0 successfull0 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 4op0ri%ht 5ct, blan; (ideo and audio cassettes are sub6ect to a le(0 of 20"$ the le(0 is collected b0 the 43PS. 2ncome deri(ed from the le(0 is earmar;ed for acti(ities of the 4op0ri%ht /ffice. =. ?nder the 4op0ri%ht 5ct, e&pressions of fol;lore are protected a%ainst reproduction, public performance, 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, which re%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' 2nfrin%ement of 2PR le%islation is sub6ect to fines or imprisonment. >iolation of the 4op0ri%ht 5ct is sub6ect to penalties of up to !00 penalt0 units2-, or to imprisonment for up to three 0ears. >iolation of the Patent 5ct is sub6ect to penalties of up to 2,000 penalt0 units or imprisonment for up to two 0ears. 5ccordin% to the authorities, a ma6or challen%e has been that enforcement re%ulations, compatible with the new laws, ha(e not 0et been adopted. 2n the absence of such le%al instruments, the old re%ulations are used to the e&tent possible. 2n addition to criminal enforcement, the ri%ht holder has the ri%ht to underta;e ci(il action. 2. The 43PS is in char%e of enforcin% 2PRs at the border. To this end, customs officers ha(e been trained to detect and prosecute 2PR infrin%ements. 4ounterfeited products seized at the border are destro0ed. 5ccordin% to the authorities, 5frican te&tile desi%ns are the most fre:uentl0 counterfeited product. '. )easures ta;en b0 the Go(ernment to reduce 2PR infrin%ements include seminars for small and medium1sized enterprises, wor;shops for research institutions and uni(ersities, trainin% of customs officials, and public awareness campai%ns for consumers and manufacturers, e.%. throu%h the installation of billboards on ma6or streets. *urthermore, special commercial courts were established to deal with 2PR infrin%ements$ trainin% of 6ud%es started in earl0 200,.

2' 2-

.T/ document 2PD+D=DG75D1, - 9ecember 2001. /ne penalt0 unit is e:ui(alent to G74 12.