GHANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
Although Ghana has the Patent Act and Copyright Act, enforcement is still regarded as weak and insufficient to guarantee reasonable protection of copyrights.
Coverage Horizontal
GHANA
Since February 1997
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Ghana is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GHANA
Since August 2013
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar 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
Since August 2013
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar 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 2006, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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- subsidized 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 |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 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 December 2003, last amended in May 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ghana Public Procurement Act, 2003 (Act 663) as Amended with Act 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
Since December 2003, last amended in May 2016
Since December 2006
Since December 2006
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ghana Public Procurement Act, 2003 (Act 663) as Amended with Act 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://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://ppa.gov.gh/wp-content/uploads/2019/01/Margin-of-Preference.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.lexology.com/library/detail.aspx?g=15c4666d-7638-477e-83dc-28a12755fdcf
- Show more...
GHANA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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
GHANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.99%
Coverage rate of zero-tariffs on ICT goods (%)
7.02%
Coverage: Digital goods
GAMBIA
Since 2009
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Gambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GAMBIA
Since 2009
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Gambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GAMBIA
Since May 2009
Since April 2014
Since April 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
The Gambia Information and Communication Act, 2009
Consumer Protection Act, 2014
Consumer Protection Act, 2014
The Gambia Information and Communication Act and the Consumer Protection Act provide a comprehensive consumer protection framework that applies to online transactions. The Consumer Protection Act 2014 contains provisions on distance-selling, which include Internet-based commerce, requirements to provide certain information prior to the conclusion of a contract (e.g. the price of the goods including taxes and delivery costs); right of cancellation and the ability for consumers to review orders and correct them, among others. In addition, the Information and Communications Act 2009 contains two sets of provisions granting protection rights with respect to contractual terms and dispute resolutions and consumers of information service societies.
Coverage Horizontal
GAMBIA
N/A
Pillar Online sales and transactions |
Sub-pillar 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
Gambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GAMBIA
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Lack of transparency in the ".gm" domain name registration
The ".gm" ccTLD is managed by NIC. In addition, the Information and Communications Act 2009 grants the Public Utilities and Regulatory Authority, (the ICT regulator) the authority to lay down rules regarding to electronic addressing of electronic communications services and related services, including allocation and use. It is reported that the organization/entity applying for a ".gm" domain name must show strong ties to the country, and domain names must reflect registered business names, trademarks, or similar.
Coverage Horizontal