GHANA 2005 INVESTMENT CLIMATE STATEMENT

UNCLAS SECTION 01 OF 10 ACCRA 002536

SIPDIS

STATE FOR EB/IFD/OIA - J. NATHANIEL HATCHER
STATE PASS USTR

E.O. 12958: N/A
TAGS: EINV ETRD EFIN BEXP KTDB ELAB GH OPIC USTR
SUBJECT: GHANA 2005 INVESTMENT CLIMATE STATEMENT

REF: STATE 250356


1. Post is pleased to provide below the 2005 Investment
Climate Statement (ICS) for Ghana. This report revises and
updates the ICS submitted August 2004.

A.1. Openness to Foreign Investment

Attracting foreign direct investment remains a key objective
of Ghana's economic recovery program, which started in 1983
under the auspices of the World Bank and the IMF. President
Kufuor, re-elected in December 2004, continues to encourage
foreign investment as an integral part of Ghana's economic
policy.

As part of his avowed commitment to attracting foreign
investment, the President relies on advice from the Ghana
Investment Advisory Council (GIAC),which was established
with the help of the World Bank. The 30-member GIAC, which
consists of multinational and local companies and
institutional observers (IMF, WB, UNDP),helps shape
government policy to create an enabling investment
environment.

Ghana embarked on a privatization program in the early 1990s
that has resulted in the sale of more than 300 of
approximately 350 state-owned enterprises. Foreign firms
comprise most of the bidders for these businesses. Few local
investors have sufficient capital to participate in this
process except as partners with foreign firms.

The Divestiture Implementation Committee is the government
institution that oversees the privatization of these
enterprises. Actual divestiture is usually done through a
bidding process, and bids are evaluated on the basis of
criteria including management skills, financial resources,
and business plans. New owners are expected to build the
enterprises into profitable, productive ventures, which
contribute to tax revenue and increase local employment.
Although the Kufuor administration has publicly stated its
support for continuing the privatization program, it has made
only one new divestiture during its tenure.

The Government of Ghana (GoG) recognizes that attracting
foreign direct investment requires an enabling legal
environment, and has passed laws that encourage foreign
investment and replaced some that previously stifled it. The
Ghana Investment Promotion Center (GIPC) Act, 1994 (Act 478),
governs investment in all sectors of the economy except
minerals and mining, oil and gas, and the free zones.
Sector-specific laws further regulate banking, non-banking
financial institutions, insurance, fishing, securities, and
real estate. Foreign investors are required to satisfy the
provisions of the investment act as well as the provisions of
sector-specific laws. Generally, the GIPC has streamlined
procedures and reduced delays. More information on investing
in Ghana can be obtained from GIPC's website, www.gipc.org.gh.

The GIPC law also applies to foreign investment in
acquisitions, mergers, takeovers and new investments, as well
as to portfolio investment in stocks, bonds, and other
securities traded on the Ghana Stock Exchange.

The GIPC law specifies areas of investment reserved for
Ghanaians, such as small-scale trading, operation of taxi
services (except when a non-Ghanaian has a minimum fleet of
10 vehicles),pool betting businesses and lotteries (except
soccer pools),beauty salons and barber shops. The law
further delineates incentives and guarantees that relate to
taxation, transfer of capital, profits and dividends, and
guarantees against expropriation.

Since the enactment of the GIPC law, the GoG has ceased
screening investments. The GIPC registers investments and
provides all the necessary assistance to enable investors to
become established. The GoG has no overall economic or
industrial strategy that discriminates against foreign-owned
businesses. In some cases a foreign investment can enjoy
additional incentives if the project is deemed critical to
the country's development. U.S. and other foreign firms are
able to participate in government-financed and/or research
and development programs on a national treatment basis.

The only pre-condition for investment in Ghana is financial;
the GIPC requires foreign investors to satisfy a minimum
capital requirement. Once this is met and all necessary
documents submitted, investments are supposed to be
registered within five working days. However, according to a
June 2003 report by the Foreign Investment Advisory Service
(FIAS),the actual time required for registration can be
significantly higher (sometimes three to four times) than the
required time. Although registration is relatively easy, the
entire process of establishing a business in Ghana is
lengthy, complex, and requires compliance with regulations
and procedures of at least 5 government agencies including
the GIPC, Registrar General Department, Internal Revenue
Service (IRS),Ghana Immigration Service, and Social Security
and National Insurance Trust (SSNIT). This processing period
often extends up to 100 days. Nevertheless, GoG reforms in
this area have yielded some returns. The World Bank
announced in its "2004 Doing Business" report that Ghana's
"Time to Start a Business" had improved by 34 percent, from
129 to 85 days.
The minimum capital required for foreign investors is USD
10,000 for joint ventures with Ghanaians or USD 50,000 for
enterprises wholly owned by non-Ghanaians. Trading companies
either wholly or partly-owned by non-Ghanaians require a
minimum foreign equity of USD 300,000 and must employ at
least ten Ghanaians. This may be satisfied through remitting
convertible foreign currency to a bank in Ghana or by
importing goods into Ghana for the purpose of the investment.
The minimum capital requirement is, however, not applicable
to portfolio investment, enterprises set up for export
trading, or branch offices.

The principal law regulating investment in minerals and
mining is the Minerals and Mining Law, 1986 (PNDCL 153) as
amended by the Minerals and Mining Amendment Act, 1994 (Act
475). This law regulates investment in mining, except for
small-scale mining, which is reserved for Ghanaians. It
addresses different types of mineral rights, issues relating
to incentives and guarantees, and land ownership. The
Minerals Commission is the government agency that implements
the law.

The Petroleum Exploration and Production Law, 1984 (PNDCL
84),known as the Petroleum Law, regulates oil and gas
exploration and production in Ghana. The law deals
extensively with petroleum contracts, the rights, duties,
responsibilities of contractors, and compensation payable to
those affected by activities in the petroleum sector. The
Ghana National Petroleum Corporation (GNPC) is the government
institution that administers this law. Several U.S.
companies are involved in oil/gas exploration in Ghana at
present.

There are no major sectors in which American investors are
denied the same treatment as other foreign investors. There
are, however, some areas where foreign investors as a whole
are denied national treatment. Those sectors are real estate
(non-Ghanaians may not own an interest in land for more than
fifty years, although a lease may be renewed for consecutive
terms),banking, securities, and fishing.

A.2. Conversion and Transfer Policies

Ghana operates a free-floating exchange rate policy regime.
There are no restrictions on the conversion and transfer of
funds with documented evidence to support how the funds were
gained. Ghana's local currency, the cedi, can be exchanged
for dollars and major European currencies.

Ghana's hard currency needs are met largely through gold and
cocoa export revenues, donor assistance, and private
remittances. The fall in the world prices of Ghana's export
commodities in 1999 and increases in oil import bills led to
a foreign currency shortage in 2000 and a subsequent, large
depreciation of the cedi. The cedi has been less volatile
since early 2001 and stable since November 2002.

Ghana has no restrictions on the transfer of funds associated
with investment. Ghana's investment laws guarantee that
investors can transfer the following in convertible currency
out of Ghana: dividends or net profits attributable to the
investment; payments in respect of loan servicing where a
foreign loan has been obtained; fees and charges in respect
to technology transfer agreements registered under the GIPC
law; and, the remittance of proceeds from the sale or
liquidation of the enterprise or any interest attributable to
the investment.

With regard to offshore loans, the Bank of Ghana, Ghana's
central bank, must approve the loan agreement. The Bank of
Ghana inspects the terms of the loan, especially the interest
rate, to see if it conforms to going international rates.
There is no legal parallel remittance market for investors.

A.3. Expropriation and Compensation
Ghana's investment laws provide guarantees against
expropriation and nationalization, although the 1992
Constitution provides some exceptions to these laws. While
providing protection from deprivation of property, the
Constitution sets out the exceptions and a clear procedure
for the payment of compensation.

The GoG may compulsorily take possession or acquire property
only where the acquisition is in the interest of national
defense, public safety, public order, public morality, public
health, town and country planning or the development or
utilization of property in a manner to promote public
benefit. It must, however, make provision for the prompt
payment of fair and adequate compensation. The GoG also
allows access to the high court by any person who has an
interest or right over the property.

American investors are generally not subject to differential
or discriminatory treatment in Ghana, and there have been no
official government expropriatory actions in recent times.
One U.S. investor recently filed for international
arbitration against the Government of Ghana, claiming
expropriation of investment. This case is ongoing and may
take several years to resolve.

A.4. Dispute Settlement

There are currently several commercial disputes involving
U.S. companies, specifically in the areas of cotton
production, rice production, and telecommunications. The GoG
is trying to settle some of these problems, but several
remain unresolved. Contracts signed under the previous
government have come under renewed scrutiny by President
Kufuor's government.

Ghana's legal system is based on British common law. The
most important exception for the purpose of investment is the
acquisition of interest in land, which is governed by both
statutory and customary law.

The judiciary comprises both the lower courts and the
superior courts. The superior courts are the Supreme Court,
the Court of Appeal, and the High Court. Lawsuits are
permitted and usually begin in the High Court. There is a
history of government intervention in the court system,
although somewhat less so in commercial matters. The courts
have, when the circumstances require, entered judgment
against the government. For example, the Supreme Court
dismissed an application filed by the government in a case
that involved an American agricultural trading company.
However, the courts have been slow in disposing of cases and
at times face challenges in enforcing decisions, largely due
to resource constraints and institutional inefficiencies.
There is a growing interest in alternative dispute
resolution, especially as it applies to commercial cases.
The Attorney General's office has drafted enabling
legislation, and several lawyers are providing arbitration
and/or conciliation services.

The government has established "fast-track" courts to
expedite action on some cases. The "fast track" courts,
which are automated (computerized) divisions of the High
Court of Judicature, were intended to try cases to conclusion
within six months. However, there are indications that these
courts are increasingly not able to try cases within this
target time period. These courts are authorized to hear
cases which involve banks and investors, human rights,
electoral petitions, government revenue, prerogative writs,
defamation, specified commercial and industrial cases, and
criminal cases involving substantial public money or a matter
of extreme public importance. The government has automated
the High Courts in Accra, Kumasi, and Sekondi, with 10 other
courts in process.

Enforcement of foreign judgments in Ghana is based on the
doctrine of reciprocity. On this basis, judgments from
Brazil, France, Israel, Italy, Japan, Lebanon, Senegal,
Spain, the United Arab Emirates, and the United Kingdom are
enforceable. Judgments from the United States are not
enforceable in Ghana at this time.

The GIPC Law as well as the Minerals and Mining Law address
dispute settlement procedures and provide for arbitration
when disputes cannot be settled by other means. They also
provide for referral of disputes to arbitration in accordance
with the rules of procedure of the United Nations Commission
on International Trade Law (UNCITRAL),or within the
framework of a bilateral agreement between Ghana and the
investor's country.

The U.S. has signed three bilateral trade and investment
agreements with Ghana: the OPIC Investment Incentive
Agreement, the Trade and Investment Framework Agreement, and
the Open Skies Agreement. These agreements contain some
provision for investment and trade dispute settlement. When
the parties do not agree on a venue for arbitration, the
investor's choice prevails. In this regard, Ghana accepts as
binding the international arbitration of investment disputes.
Ghana does not have a bankruptcy statute. The Companies
Code of 1963, however, provides for official closure of a
company when it is unable to pay its debts.
In 1996, the privately managed Ghana Arbitration Center was
established to strengthen the legal framework for protecting
commercial and economic interests, and to bolster investors'
confidence in Ghana. The American Chamber of Commerce's
(Ghana) Commercial Conciliation Center provides arbitration
services on trade and investment issues.

Ghana signed and ratified the Convention on the Settlement of
Investment Disputes in 1966. Ghana is also a signatory and
contracting state of the UN Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (the "New York
Convention").

A.5. Performance Requirements and Incentives

Ghana is in compliance with WTO Trade-Related Investment
Measures (TRIMS) notification.

Generally, Ghana does not have performance requirements for
establishing, maintaining, and expanding a business.
However, in its privatization of state-owned enterprises,
notably the telecommunications sector, companies have to meet
performance targets or they may have their licenses revoked.
In the case of banks, the opening of branches requires
approval from the central bank. Investors are not required
to purchase from local sources. Except for free zone
enterprises operating under the Free Zone Act, which are
required to export 70 percent of their products, investors
are not required to export a specified percentage of their
output.

Foreign investors are not required by law to have local
partners except in the fishing, insurance, and mining
industries. In the tuna-fishing industry, non-Ghanaians may
own a maximum of seventy-five percent of the interest in a
tuna-fishing vessel. In the insurance sector, a non-Ghanaian
cannot own more than sixty percent of an insurance company.
In the case of the Ghana Stock Exchange, a single foreign
investor cannot own more than ten percent of any security
listed. This applies to individuals as well as institutional
investors. The total holding of all foreigners in a listed
security cannot exceed seventy-four percent. There is
compulsory local participation in the minerals and mining
sector. By law, the GoG acquires ten percent of all
interests in mining ventures at no cost.

There are no requirements on physical location of
investments. However, there are tax incentives to encourage
investment in specific locations. There are also no import
substitution restrictions, but there is an export quota of
seventy percent for companies operating under the Free Zone
Act. The only requirement for compulsory employment of
Ghanaians is that any investment in a trading enterprise must
employ a minimum of ten Ghanaians.

There are regulations relating to the transfer of technology
when it is not freely available in Ghana. The transfer of
technology is governed by an agreement under the Technology
Transfer Regulations of Ghana. Any provisions in the
agreement inconsistent with Ghanaian regulations are
unenforceable in Ghana.

Investment incentives differ slightly depending upon the law
under which an investor operates. For example, while all
investors operating under the Free Zone Act are entitled to a
ten-year corporate tax holiday, investors operating under the
GIPC law are not automatically entitled to a tax holiday,
depending upon the sector in which they are operating.

All investment-specific laws contain some investment
incentives. The GIPC law allows for import and tax exemptions
for plant inputs and machinery (and parts thereof) imported
for the purpose of the investment. Specifically, chapters
82, 84, 85, and 89 of the Customs Harmonized Commodity and
Tariff Code zero-rates (i.e. does not levy import duty) these
production items. The GoG recently imposed a five percent
import duty on some items that were previously zero-rated.
The GIPC website (www.gipc.org.gh) provides a more thorough
description of incentive programs. The law also guarantees
the investor all the tax incentives provided for under
Ghanaian law. For example, rental income from commercial and
residential property for the first five years after
construction is exempt from tax. Similarly, income from a
company selling or letting out premises is income tax exempt
for the first five years of operation. Rural banks and
cattle ranching are exempt from income tax for 10 years.

The corporate tax rate is 32.5 percent (the GoG has proposed
a reduction to 30 percent, starting in January 2005) for all
sectors except income from non-traditional exports (eight
percent),income from hotels (25 percent),and income earned
by companies listed on the Ghana Stock Exchange (30 percent).
For some sectors there are tax holidays for a number of
years. These sectors include, free zone enterprises and
developers (zero percent for the first 10 years and eight
percent thereafter),real estate development and rental (zero
percent for the first five years and 32.5 percent
thereafter),agro-processing companies (zero percent for the
first five years after which the tax rate ranges from 0 to 30
percent depending on the location of the company in Ghana),
and waste processing companies (zero percent for seven years
and 32.5 percent thereafter). Tax rebates are also offered
in the form of incentives based on location. A capital
allowance in the form of an accelerated depreciation
allowance is also applicable in all sectors except banking,
finance, commerce, insurance, mining, and petroleum.

The Ghanaian tax system is replete with tax concessions that
make the effective tax rate generally low. The incentives
are specified in the GIPC law and are not applied in an ad
hoc or arbitrary manner. The GIPC has no discretion and once
the investor has been registered under the GIPC law, the
investor is entitled to the incentives provided by law. The
GIPC, however, has discretion if an investor is seeking
additional customs duty exemptions and tax incentives.

A 12.5 percent VAT plus a 2.5 percent Health Insurance Levy,
instituted in August 2004, are levied on most imports, all
consumer purchases, services, accommodation in hotels and
guest houses, food in restaurants, hotels and snack bars, as
well as advertising, betting and entertainment.

Ghana has no discriminatory or excessively onerous visa
requirements. An investor who invests under the GIPC law is
automatically entitled to a specific number of visas/work
permits based on the size of the investment. When an
investment of USD 10,000 or its equivalent is made in
convertible currency or machinery and equipment, the
enterprise can obtain a visa/work permit for one expatriate
employee. An investment of USD 10,000 to USD 100,000
entitles the enterprise to two automatic visas/work permits.
An investment of USD 500,000 and above allows an enterprise
to bring in four expatriate employees. An enterprise may
apply for extra visas/work permits, but the investor must
justify why a foreigner must be employed rather than a
Ghanaian. There are no restrictions on the issuance of work
and residence permits to Free Zone investors and employees.

Ghana has no import price controls. It is pursuing a
liberalized import regime policy within the framework and the
spirit of the World Trade Organization to accelerate
industrial growth. The Government of Ghana has indicated its
intention to join other ECOWAS countries to begin the phased
implementation of the Common External Tariff on January 1,

2005.

A.6. Right to Private Ownership and Establishment

The laws of Ghana recognize the right of foreign and domestic
private entities to own and operate business enterprises.
Foreign entities are, however, prohibited by law from
engaging in certain business activities in Ghana (see section
1, paragraph 6).

Private entities may freely acquire and dispose of their
interests in Ghana. When a foreign investor disposes of an
interest in a business enterprise, the investor is entitled
to repatriate his or her earnings in a freely convertible
currency.

Private and public enterprises compete on equal basis with
respect to access to credit, markets, licenses, and supplies.

A.7. Protection of Property Rights
The legal system recognizes and enforces secured interest in
property, both chattel and real, but the process to get clear
title over land is often difficult, complicated, and lengthy.
It is important to conduct a thorough search at the Lands
Commission to ascertain the identity of the true owner of any
land being offered for sale. Investors should be aware that
land records can be incomplete or non-existent and,
therefore, clear title may be impossible to establish.

Mortgages exist in Ghana and are regulated by the Mortgages
Decree. They are enforced by judicial sale upon application
to the court. A mortgage must be registered under the Land
Title Registration Law, a requirement that is mandatory for
it to take effect. Registration with the Land Title Registry
is a reliable system of recording the transaction.

The protection of intellectual property is an evolving area
of law in Ghana. Progress has been made in recent years to
afford protection under both local and international law.
Ghana is a member of the World Intellectual Property
Organization (WIPO) and the English-speaking African Regional
Industrial Property Organization (ESARIPO). The courts have
been pro-active in the protection of intellectual property
rights. Steps are being taken to implement the WTO TRIPS
(Trade-Related Aspects of Intellectual Property Rights)
Agreement. Ghana's Parliament has passed all TRIPS-compliant
legislation, except the Copyright bill.

A.8. Transparency of the Regulatory System

The GoG's policies of trade liberalization and investment
promotion are guiding its effort to create a clear and
transparent regulatory system. There has been some effort to
repeal laws that impede and distort investment, and the
frequency of labor disputes in recent years has spurred a
review of labor laws. Parliament passed a new Labor Law in
July 2003, effective March 2004, which should reduce the
incidence of labor disputes.

The GIPC law codified the GoG's desire to present foreign
investors with a liberal and transparent foreign investment
regulatory regime. To this end, the Ghana Investment
Promotion Center has established a "one-stop shop" to
eliminate the bureaucratic bottlenecks for investors. Under
the Ghana Trade and Investment Gateway (GHATIG) Program, time
frames within which government officials must perform
specific duties have been set and are constantly being
monitored. Implementation, however, has not always measured
up to desired standards.

The GoG has established regulatory bodies such as the
National Communications Authority, the Energy Commission, and
the Public Utilities Regulatory Commission to oversee
activities in the telecommunications, power, and water
sectors. These bodies are relatively new and
under-resourced, which limits their ability to deliver the
intended level of oversight.

A.9. Efficient Capital Markets and Portfolio Investment

Private sector growth in Ghana has been constrained by
limited financing opportunities for private investment.
Sixteen years after the beginning of financial sector reforms
in 1988, much remains to be done. Confidence in the
financial sector has suffered because of policy interventions
by the government, many of which have not facilitated the
free flow of financial resources in the product and input
markets. Current high interest rates on bank loans (more
than 25 percent) and treasury bills (17 percent) have been a
serious impediment to raising capital on the local market.

Some recent developments in the non-banking financial sector
have been encouraging. Among the non-banking financial
institutions, leasing companies, building societies and
savings and loan associations have been innovative in serving
savers and borrowers. In addition, the formulation of new
regulatory policies for the Ghana Stock Exchange (which has
29 listed companies and 2 corporate bonds at the present time
and oversees portfolio investment) has been promising. The
Ghana Stock Exchange (GSE) is still considered one of the
best performing bourses in emerging markets. It is open to
all foreign buyers and subject to the restrictions described
in section 7.5, paragraph 3. Both foreign and local
companies are allowed to list on the GSE. The Securities
Regulatory Commission regulates the activities on the
Exchange.

Banks in Ghana are relatively small. The largest in the
country, Ghana Commercial Bank (GCB),has a net worth of
approximately USD 50 million. Out of the 18 banks in Ghana,
the GoG has a partial ownership position in GCB and fully
owns two other banks. The GoG is still reviewing options
regarding divestiture of its remaining interest in GCB.

Although Ghana's informal financial sector is large, with an
estimated 45 percent of all private sector financial savings
mobilized initially through informal channels, its capacity
to serve as an intermediary between savers and investors has
been limited. This is due in part to Ghanaians' savings
behavior (customarily avoiding the formal banking system),
and in part to the absence of strong links with the formal
sector.

A.10. Political Violence

Ghana offers a relatively stable and predictable political
environment for American investors. There is no indication
at present that the level of political risk in Ghana will
change markedly over the near term. Peaceful and fair
presidential and parliamentary elections were held on
December 7, 2004. Incumbent President, John Agyekum Kufuor
of the National Patriotic Party, was reelected for a second
four-year term, marking a fourth consecutive democratic
election.
A.11. Corruption

Corruption in Ghana is somewhat less prevalent than in other
countries in the region, and no U.S. firms have identified
corruption as the main obstacle to foreign direct investment.
Companies cannot expect complete transparency in locally
funded contracts, however. The 2004 Transparency
International global corruption ranking placed Ghana 64 out
of 146 countries in its Corruption Perceptions Index. Of the
African countries included in the survey, Ghana rated seventh
least corrupt country, following Botswana, Tunisia, South
Africa, Seychelles, Mauritius, and Namibia.

Ghana is not a signatory to the OECD Convention on Combating
Bribery. It has, however, taken steps to amend laws on
public financial administration and public procurement. The
public procurement law, passed in January 2004, seeks to
harmonize the many public procurement guidelines used in the
country and also to bring public procurement into conformity
with WTO standards. The new law aims to improve
accountability, value for money, transparency and efficiency
in the use of public resources. A Freedom of Information
bill developed by civil society may also be passed to allow
greater access to public information.

American businesses have reported being asked for "favors" in
the past. It is easy to make friends in Ghana who can
facilitate business transactions. In return, these friends
may ask for favors, some of which may conflict with U.S.
business ethics or laws. U.S. business visitors should make
clear that U.S. companies operating abroad are subject to the
Foreign Corrupt Practices Act of 1977.

Commercial fraud in the form of scams, especially in gold or
currency deals, is on the rise in Ghana. These are commonly
termed "419" scams. While these cases are exceptions and not
the rule to doing business in Ghana, U.S. potential gold
buyers are strongly advised to deal directly with the
Precious Minerals Marketing Company (PMMC) in Ghana. Gold
can be exported legally from Ghana only through the PMMC.
U.S. firms can request a background check on companies and
individuals with whom they wish to do business by using the
U.S. Commercial Service's International Company Profile
(ICP). Requests for ICPs should be made through the nearest
U.S. Export Assistance Center. For more information about
the U.S. Commercial Service, visit www.export.gov/cs.

The GoG has publicly committed to ensuring that government
officials do not use their positions to enrich themselves.
Official salaries are modest, especially for low-level
government employees. GoG employees frequently ask
applicants for licenses and permits for a "dash" (tip).

The 1992 Constitution provided for the establishment of a
Commission On Human Rights and Administrative Justice
(CHRAJ). Among other things, the Commission is charged with
investigating all instances of alleged and suspected
corruption and the misappropriation of public funds by
officials. The Commission is also authorized to take
appropriate steps, including providing reports to the
Attorney General and the Auditor-General, in response to such
investigations. The Commission has a mandate to prosecute
alleged offenders when there is sufficient evidence to
initiate legal actions.

In 1998, the GoG also established an anti-corruption
institution, called the Serious Fraud Office (SFO),to
investigate corrupt practices involving both private and
public institutions. SFO's 1999 report to the President and
Parliament reported cases of economic fraud that resulted in
more than USD 2 million in losses to the country. The SFO
has called for a national debate on how to deal with largesse
acquired through economic crimes since the present punishment
of dismissal and imprisonment is an inadequate deterrent.
The GoG has announced plans to streamline the roles of the
CHRAJ and SFO, in order to remove their duplication of
efforts.

President Kufuor has declared a "zero tolerance" for
corruption. He has established an Office of Accountability
to oversee the performance of senior government
functionaries. Several corruption prosecutions are underway
against former officials of the Rawlings administration, and
a former minister is now in jail. Two other ministers are
also in jail for their role in causing financial loss to the
state. Cabinet Ministers recently approved "Whistle Blowers"
legislation for Parliament action, to encourage Ghanaian
citizens to volunteer information on corrupt practices to
appropriate agencies.


B. Bilateral Investment Agreements

Ghana has bilateral investment agreements with the following
countries: the United Kingdom, Republic of China, Romania,
Denmark, and Switzerland. These agreements were signed and
ratified between 1989 and 1992. Italy and France are
currently negotiating similar arrangements. Agreements with
Germany, India, Pakistan, South Korea, North Korea, and
Belgium are being considered. The U.S. signed three
agreements between 1998 and 2000: the OPIC Investment
Incentive Agreement, the Trade and Investment Framework
Agreement (TIFA),and the Open Skies Agreement.

Ghana has met eligibility requirements to participate in the
benefits afforded by the African Growth and Opportunity Act
(AGOA) and also qualified for the apparel benefits under AGOA.


C. OPIC and Other Investment Insurance Programs

OPIC is active in Ghana, and OPIC officers visit Ghana
periodically to meet with representatives of prominent
American and Ghanaian firms. OPIC launched the Modern Africa
Growth Fund and the Africa Infrastructure Investment Fund,
which are sources of information and financing for investment
in Ghana. The African Project Development Facility (APDF)
and the African investment program of the International
Finance Corporation are other sources of information. Ghana
is a member of the Multilateral Investment Guarantee Agency
(MIGA).


D. Labor

Ghana has a large pool of inexpensive, unskilled labor.
English is widely spoken, especially in urban areas. Labor
regulations and policies are generally favorable to business.
Labor-management relations are fairly good.

The new Labor law (Act 651) passed in 2003 became effective
in March 2004. The new law unifies and modifies the old
labor laws to bring them into conformity with the core
principles of the International Labor Convention, to which
Ghana is a signatory. All the old labor related laws, except
the Children's Law (Act 560),have been repealed.

Under the new Labor Law, the Chief Labor Officer will now
issue collective bargaining agreements (CBA) in lieu of the
Trade Union Congress (TUC). This effectively limits the
TUC's monopoly, since the old CBA provisions implicitly
compelled all unions to be part of TUC. Also, instead of the
labor court, a National Labor Commission has been established
to resolve labor and industrial disputes. Finally, the
Tripartite Committee that determines the minimum daily wage
now has legal backing, and public and private employment
centers can be created to help job seekers find work.

There is no legal requirement for labor participation in
management. However, joint consultative committees in which
management and employees meet to discuss issues affecting
business productivity are common.

There are no statutory requirements for profit sharing, but
fringe benefits in the form of year-end bonuses and
retirement benefits are generally included in collective
bargaining agreements.

Consulting a local attorney with regard to labor issues is
recommended. The U.S. Consulate in Accra maintains a list of
local attorneys, which is available upon request.

E. Foreign Trade Zones/Free Ports

Free Trade Zones were established in May 1996, one near Tema
Steelworks, Ltd., in the Greater Accra Region, and two other
sites located at Mpintsin and Ashiem near Takoradi. The
seaports of Tema and Takoradi, as well as the Kotoka
International Airport and all the lands related to these
areas, are a part of the free zone. The law also permits the
establishment of single factory zones outside or within the
areas mentioned above. Under the law, a company qualifies to
be a free zone company if it exports more than 70 percent of
its products. Among the incentives for free zone companies
are a ten-year corporate tax holiday and zero duty on imports.

To make it easier for free zone developers to acquire the
various licenses and permits to operate, the Ghana Free Zones
Board provides a "one-stop approval service" to assist in the
completion of all formalities. A lack of resources has
limited the effectiveness of the Board, however. To further
facilitate operations in the zones, nationals of OECD
countries, East Asian countries, and the Republic of South
Africa may with advance notice obtain entry visas at the
international airport in Accra. However, all foreign
employees of businesses established under the program will
require work and residence permits.

The contact address for the secretariat is as follows:

The Director
Ghana Free Zones Board
Ministry of Trade & Industry Annex
P.O. Box M.47
Accra - Ghana
Tel: 233-21-780532/3/4/5/7
Fax: 233-21-780536
E-mail: freezone@africaonline.com.gh


F. Major Foreign Investors in Ghana

Major foreign investments in Ghana are mainly in mining and
manufacturing. Great Britain is Ghana's leading foreign
investor with direct investment exceeding USD 750 million.
Major U.S. investors are, CMS Energy (independent power
producer),Regimanuel Gray Limited (housing and
construction),Boeing, Coca-Cola Company, Affiliated Computer
Services (data processing),Pioneer Foods (Star-Kist tuna),
Phyto-Riker (pharmaceuticals),Millicom (telecommunications),
Western Wireless International (telecommunications),and
Newmont Mining. There has been some interest by American
companies in acquisition of state-owned communications and
manufacturing firms slated for divestiture, as well as new
investments in the telecommunications and agricultural
sectors.

There are significant investments by other foreign nationals
made through the GoG privatization program. These include:
Norwegian interests in Ghana Cement Works (GHACEM),a cement
manufacturing plant; Bau Nord AG (IBN),a Swiss company, in
the GoG-owned GAFCO; Walter Schroeder, a German company, in
the GoG-owned West Africa Mills; and Telekom Malaysia in
Ghana Telecom. South African and Australian companies are
also active in the mining sector.


G. Foreign Direct Investment (FDI) Statistics

FDI statistics in Ghana tend to be unreliable since the
promotion and monitoring of FDI in Ghana are carried out by
several agencies without coordination in arriving at a total
figure.

Since 1994, however, the Ghana Investment Promotion Center
(GIPC) has registered over 1281 projects. GIPC provided the
following statistics on registered private investments.
(Note: These figures do not include investments in the
mining and petroleum industries and free zones, which are all
major recipients of FDI. End Note)

Foreign direct investment (FDI) (USD million)

1994 Sep ) 1999 Dec 1,205.46
2000 114.91
2001 89.32
2002 58.93
2003 88.06
2004 (Jan ) Sep) 85.52

Between September 1994 and September 2004, the U.S. ranked
fifth in terms of number of investment projects (125) after
Great Britain (171),India (170),China (155),and Lebanon
(131). The services and manufacturing sectors recorded the
highest number of investment projects during this period.


YATES