GHANA
Since August 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Ghana Investment Promotion Centre Act, 2013 (Act 865)
Section 27 of the Ghana Investment Promotion Centre Act lists the enterprises which are reserved for citizens. These include the printing of recharge scratch cards for the use of subscribers of telecommunication services.
Coverage Recharge scratch cards for the use of subscribers of telecommunication services
GHANA
Reported in 2016, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Reported restrictions on foreign equity in the telecommunications sector
Ghana is reported to impose restrictions on foreign participation in the acquisition of 800 MHz spectrum licences for mobile telecommunications services, requiring engagement through a joint venture or consortium with a minimum of 25% Ghanaian ownership. In contrast, between 2016 and 2018, the minimum requirement for indigenous Ghanaian ownership was reported to be 35%.
Coverage Mobile telecommunications services
GHANA
Reported in 2016, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Reported restrictions on foreign equity in the telecommunications sector
Ghana is reported to impose restrictions on foreign participation in the acquisition of 800 MHz spectrum licences for mobile telecommunications services, requiring engagement through a joint venture or consortium with a minimum of 25% Ghanaian ownership. In contrast, between 2016 and 2018, the minimum requirement for indigenous Ghanaian ownership was reported to be 35%.
Coverage Mobile telecommunications services
GHANA
Since August 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Ghana Investment Promotion Centre Act, 2013 (Act 865)
All companies in which there is foreign participation are required to register with the Ghana Investment Promotion Centre (GIPC). However, the process appears to be transparent and requires only a few days.
On the other hand, Section 28 of the Ghana Investment Promotion Centre Act states that, for the sectors open to foreign investment, an entity requires a certain minimum investment capital. In particular:
- For businesses wholly owned by a non-Ghanaian, the minimum relevant investment amount of foreign equity capital of USD 500,000 in either cash or capital goods;
- For a joint enterprise with a partner who is a citizen, the minimum foreign capital investment should be USD 200,000 in cash or capital goods relevant to the investment or a combination of both by way of equity participation. In addition, the partner who is a citizen should not have less than 10% equity participation in the joint enterprise.
On the other hand, Section 28 of the Ghana Investment Promotion Centre Act states that, for the sectors open to foreign investment, an entity requires a certain minimum investment capital. In particular:
- For businesses wholly owned by a non-Ghanaian, the minimum relevant investment amount of foreign equity capital of USD 500,000 in either cash or capital goods;
- For a joint enterprise with a partner who is a citizen, the minimum foreign capital investment should be USD 200,000 in cash or capital goods relevant to the investment or a combination of both by way of equity participation. In addition, the partner who is a citizen should not have less than 10% equity participation in the joint enterprise.
Coverage Horizontal
GHANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.46%
Coverage rate of zero-tariffs on ICT goods (%)
2.56%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
GHANA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Ghana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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GHANA
Since December 2003, last amended in May 2016
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, 2003 (Act No. 663) as Amended by the Public Procurement (Amendment) Act, 2016 (Act No. 914)
According to Section 45.1 of the Ghana Procurement Act, international competitive tendering is required effective competition cannot be achieved in national competitive tendering without the participation of foreign firms. In addition, according to the Fifth Schedule of the Act, international competitive bidding must be used for the procurement of goods with a contract value threshold above GHS 10 million (approx 625,000 USD) and for technical services with a contract value threshold above GHS 5 million (approx. 300,000 USD). There are no value thresholds for other types of tendering methods, such as restricted and sole-source tendering, or for technical and consultancy services; however, their use is subject to approval by the Public Procurement Authority.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241106010455/https://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2582633&id2=&id3=&sPath=0000000000000000000000000000000000000&mzMode=Modes1
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S427R1.pdf&Open=True
- https://ppa.gov.gh/online-documents/public-procurement-act/#1547047238046-473f4b22-2b01
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GHANA
Since December 2003, last amended in May 2016
Since December 2006
Since December 2006
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2003 (Act No. 663) as Amended by the Public Procurement (Amendment) Act, 2016 (Act No. 914)
Guidelines for Margins of Preference
Guidelines for Margins of Preference
The Public Procurement Act seeks to increase the competitiveness of domestic businesses by the application of a margin of preference. In accordance with Section 60.3, the Public Procurement Board is required to issue guidelines for implementing margins of preference for domestic contractors and suppliers of goods, works and services. The Guidelines that apply to current tenders open to international competitive bidding give a margin of price preference of 7.5% to 20% to domestic suppliers of goods and services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241106010455/https://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://web.archive.org/web/20231214043131/https://ppa.gov.gh/wp-content/uploads/2019/01/Margin-of-Preference.pdf
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231207003636/https://www.lexology.com/library/detail.aspx?g=15c4666d-7638-477e-83dc-28a12755fdcf
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GERMANY
Since 2016
Pillar Online sales and transactions |
Indicator Restrictions on domain names
DENIC terms of service
According to the DENIC terms of service, §3 (4), ".de" domain holders not domiciled in Germany shall name an authorised representative domiciled in Germany within two weeks of a corresponding request by DENIC.
Coverage Horizontal
GERMANY
Since November 2020
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Interstate Media Agreement (Medienstaatsvertrag)
According to Art. 92 of the Interstate Media Agreement, providers of media intermediaries must designate an authorised recipient in Germany. Furthermore, according to Art. 115 of the law, a broadcaster also commits an administrative offence if it, as the provider of a media intermediary, does not designate an authorised recipient in Germany.
Coverage Media intermediaries
GERMANY
Since October 2017
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Act to Improve Law Enforcement in Social Networks (NetzDG)
Under Section 5 of Act to Improve Law Enforcement in Social Networks (NetzDG), providers of social networks for which no other Member State is the country of establishment or is considered to be the country of establishment pursuant to Section 2 of the Digital Services Act must appoint an authorised representative in Germany and draw attention to this representative on their platform in an easily recognisable and directly accessible manner.
Coverage Media intermediaries
GERMANY
Since June 2014
Since July 2001
Since July 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions (Federal Law Gazette I 2001 p. 1542) (Gesetz zur Anpassung der Formvorschriften des Privatrechts und anderer Vorschriften an den modernen Rechtsgeschäftsverkehr (Bundesgesetzblatt Jahrgang 2001 Teil I Nr. 35)
Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions (Federal Law Gazette I 2001 p. 1542) (Gesetz zur Anpassung der Formvorschriften des Privatrechts und anderer Vorschriften an den modernen Rechtsgeschäftsverkehr (Bundesgesetzblatt Jahrgang 2001 Teil I Nr. 35)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the "Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions."
Coverage Horizontal
GERMANY
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Germany has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GERMANY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Germany has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
