GHANA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency of import procedures
It is reported that Ghanaian customs practices and port infrastructure continue to pose significant obstacles to trade. Despite the introduction of risk-management approaches by officials, the majority of imports still undergo inspection upon arrival. Reports suggest that between 60%-80% of imports are subject to either physical inspection or scanning, resulting in delays and increased costs for local companies. Additionally, importers report irregular enforcement of customs and other import regulations, prolonged clearance procedures, and instances of corruption. These delays contribute to unnecessary demurrage charges and product deterioration.
Coverage Horizontal
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
Since February 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Ghana is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GHANA
Since June 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Ghana Copyright Act, 2005 (Act 690)
Ghana has a copyright regime under the Copyright Act of 2005. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 19-21 list the exceptions, which include personal and teaching purposes, reproduction of a single copy of a computer program as a backup, and permitted use of copyright material by a library, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211206150447/https://bcp.gov.gh/acc/registry/docs/COPYRIGHT%20ACT,%202005%20(ACT%20690).pdf
- https://web.archive.org/web/20220622115109/https://www.aripo.org/wp-content/uploads/2018/12/Ghana-Copyright-Act.pdf
- https://web.archive.org/web/20211003155725/https://www.grin.com/document/470975
- Show more...
GHANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate protection of copyright online
It is reported that IP enforcement in the Ghana is weak, with unreasonable delays in infringement proceedings discouraging rights holders from pursuing claims in local courts.
Coverage Horizontal
GHANA
Since November 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Ghana has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GHANA
Since February 2013
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Ghana has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GHANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Ghana does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Section 5.1 of the Protection Against Unfair Competition Act of 2000, any act or practice in the course of industrial or commercial activities that results in the disclosure, acquisition or use by another person of secret information (Secret information is defined in Section 5.3) without the consent of the rightful owner of that information and in a manner contrary to honest commercial practices constitutes an act of unfair competition. In addition, pursuant to Section 5.4, any act or practice in the course of industrial or commercial activities is considered an act of unfair competition if it consists or results in unfair commercial use of the secret test or other data, the origin of which involves considerable effort and which has been submitted to a competent authority for the purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemical products which utilise new chemical entities; or the disclosure of such data, except where it is necessary for the protection of the public; and steps are taken to ensure that the data are protected against unfair commercial use.
Coverage Horizontal
GHANA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Ghana to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
GHANA
Reported in 2016, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Reported restrictions on foreign equity in the telecommunications sector
Ghana reportedly imposes 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 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In April 2021, the government acquired full ownership of Airtel Tigo after Airtel and Millcom, Airtel Togo’s parent companies, announced an exit from the Ghanaian market. The government stated that it temporarily operates the communications company's assets, which served 5.1 million subscribers at the time of the sale. In addition, the government maintains a 30% stake in Vodafone in Ghana after Vodafone acquired the majority stake in the state-owned Ghana Telecom in July 2008.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231205211751/https://techpoint.africa/2020/06/11/ghanas-measures-mtns-dominance/
- https://web.archive.org/web/20231128083016/https://freedomhouse.org/country/ghana/freedom-net/2021#footnote3_1sq1233
- https://web.archive.org/web/20240105205452/https://freedomhouse.org/country/ghana/freedom-net/2023
- Show more...
GHANA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Ghana mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
GHANA
Since April 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Ghana has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
