GHANA
Since December 2003, last amended in May 2016
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)
According to Art. 59 of the Ghana Public Procurement Act, certain aspects such as technology transfer, countertrade arrangements, and inclusion of local content may be considered when awarding tenders.
Coverage Horizontal
GHANA
Reported in 2006, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Companies report that locally-funded contracts lack full transparency. Supplier or foreign government- subsidised financing arrangements appear in some cases to be a crucial factor in the award of government procurements. It is also reported that allegations of corruption persist in the tender processes across ministries.
Coverage Horizontal
GHANA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Ghana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
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
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
GERMANY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Germany has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
