Frequently Asked Questions
- Does your country have an Investment Incentive Agreement with OPIC?
- Does Ghana have an IPPA with OPEC?
- Is your country a signatory to the MIGA Convention?
- Does Ghana have Double Taxation Agreement with any country?
- Does Ghana have Bilateral Investment Promotion and Protection Agreement and Double Taxation Agreement with my country?
- Does your government accord national and most favoured nation treatment in any bilateral regimes between Ghana and my country?
- What is your government's track record in expropriation?
- What guarantees do you have under the laws of Ghana for protecting my investment?
- Will my company be allowed to transfer profits, dividends and capital upon liquidation?
- How safe will my investment in Ghana be?
- How do I get my product or service listed on moti.gov.gh?
- How can I access the MOTI Library?
- How Do I Contact the Ministry?
Yes. Ghana has an Investment Incentive Agreement with OPIC?
Yes. Ghana has an IPPA with OPEC.
Yes. Ghana is a signatory to the MIGA Convention.
Yes. Ghana uses the instrumentality of Double Taxation Agreements to rationalize the tax obligations of investors who come from global tax sourced jurisdictions with a view to saving the affected investors from the incidence of double taxation by both their home governments and the host country. Ghana is committed to entering into DTAs with interested countries with the ultimate objective of freeing investment capital and thereby securing the investment capital from being eroded by the effects of taxation.
Ghana has concluded Double Taxation Agreements with the following countries:
The United Kingdom'
In furtherance of the investment promotion mandate given under section 3 of the Ghana Investment Promotion Centre Act 2013 (Act 865), the Ghana Investment Promotion Centre is mandated to encourage and promote investments in the Ghanaian economy through the negotiation of Bilateral Investment Treaties with interested countries.
To date, Ghana has concluded over twenty one (21) BITS. Some of the agreements have been ratified while others are still awaiting ratification.
Those signed and ratified include:
The United Kingdom and Northern Ireland
The Kingdom of Denmark
The Federal Republic of Germany
The Peoples Republic of China
The Swiss Confederation
The Republic of Malaysia
The OPEC Fund
The Kingdom of the Netherlands
Those signed but awaiting ratification are
The Republic of Romania
The Republic of La Cote d' Ivoire
The Republic of Yugoslavia
The Republic of South Africa
The Republic of Mauritius
The Republic of Zambia
The United States of America (OPIC)
The Republic of Egypt
The Republic of Bulgaria
The Republic of Cuba
The Republic of France
The Republic of Guinea
The Republic of Mauritania
The Republic of Burkina Faso
Ghana has also concluded Double Taxation Agreements with;
The United Kingdom
Ghana offers commitments at the bilateral level to protect investors and their investments. Under these bilateral regimes, government gives the right to the investor to take government to arbitration in any of the selected and pre-agreed dispute settlement fora.Further protection under the BITs include: national treatment, which is by reference to treatment similar to that accorded to nationals of the host country; most favoured nation treatment, which is by reference to the standard of treatment not less favourable than that accorded to nationals and investments of third countries in similar circumstances; and treatment which is fair and equitable which is derived from basic principles of international law and a common shared sense of justice.
The GIPC Act offers guarantees against expropriation. Similar to the provisions in the Constitution, expropriation is allowed only in the national interest and must be accompanied by fair and adequate compensation. The aggrieved party or the investor is given the right of access to the High Court for the determination of the fair value of the investment and the amount of compensation payable.
Article 20 of the Constitution guarantees protection from deprivation of property. Specifically, the Constitution states that there shall be no compulsory acquisition of property which by implication includes "investment", except where such compulsory acquisition is necessary for the defense, public order, morality, health and benefit of the country. More importantly, compulsory acquisition of property must be accompanied by prompt, fair and adequate compensation.
Under the Ghana Investment Promotion Centre Act 2013 (GIPC ACT 865), investors are given concrete guarantees and assurances in respect of their investments in Ghana.
Companies are guaranteed:
- Unconditional transferability of dividends and net profits after tax to their home countries.
- Transferability of payments for loan servicing in the case of foreign loans and royalties and other fees in respect of technology transfer transactions e.g. licenses technical assistance and management contracts.
- The remittances of proceeds in the event of sale and liquidation of investment assets in the currency in which the investment was originally made to their home countries so far as they meet their tax obligations.
Ghana's 1992 Constitution, which is the basic framework for the governance of the country, offers guarantees for protection to investors and their investments. Chapter five of the Constitution embodies the relevant protection mechanisms.
To get your product or service listed on the www.moti.gov.gh website, simply follow the below steps;
- Create a "business account" by visiting the link "www.moti.gov.gh/user/register".
- Enter your e-mail address under the "Account Details" section, and enter your company/business name under the "Company Details" section.
- Once completed, select "Create new account" to submit the info.
- A representative at moti.gov.gh will review the information and validate your account. You will receive a confirmation link in your email. Simply click on the link to activate your account.
- Sign into your account and click on either "List a Product" or "List a Service".
- Finally, fill the form with the necessary details and submit.
The library publicly available and can be accessed from the web via the web link: "www.moti.gov.gh/library". Each document has a full PDF document attached. Simply click on the PDF link to view or download the document.
How can I contact the ministry for further information or to make an enquiry.
There are several ways of contacting the Ministry of Trade and Industry. You can visit the "Contact Us" page at www.moti.gov.gh/contact, complete the web-form and submit your enquiry.
You may also send an email directly to "firstname.lastname@example.org". Finally, the contact page also provides telephone numbers which you may call to speak with a representative. Please be aware the phone lines are open only during normal working hours.