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 (FDI) 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
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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 |
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 2023
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
Sources
- https://ustr.gov/archive/assets/Document_Library/Reports_Publications/2006/2006_NTE_Report/asset_upload_file40_9244.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- Show more...
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
- https://www.cqlegal.net/government-contracts-in-ghana-opportunity-for-foreign-companies/
- Show more...
GHANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to 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 Signature
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
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
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
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 December 2013
Since October 2013
Since October 2013
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
The Gambia Single Window Business Registration Act, 2013
The Gambia Companies Act, 2013
The Gambia Companies Act, 2013
The Gambian Companies Act 2013 and the Gambian Single Window Business Registration Act 2013 require all companies to register with the Companies Registry. It is reported that, in practice, the Gambian Companies Registry requires that a foreign director who is not resident in the Gambia appoints an agent to represent him/her in The Gambia. In addition, Section 13 of the Gambia Single Window Business Registration Act 2013 require all directors to register their personal details with the Business Registry.
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
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GAMBIA
N/A
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
The Gambian Standards Bureau Published Standards
The Gambian standards generally require local testing for electrical products for certification. Audio and video products such as TVs and LCD panels and similar apparatus marketed in The Gambia are required to be tested locally. Audio and video products are certified only after conformity assessments have been carried out by The Gambia Standards Bureau (TGSB). Therefore, self certification by foreign business is not allowed.
Coverage Audio and video products