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ARRANGEMENT OF REGULATIONS
Regulation
Preliminary Provisions
1.
Purpose of Regulations
2.
Application of Regulations
Portland Cement Monitoring
Committee
3.
Establishment of the Portland
Cement Monitoring Committee
4.
Functions of the Monitoring
Committee
5.
Tenure of office of members of
Monitoring Committee
6.
Meetings of ·the Monitoring
Committee
7.
Disclosure of interest
8.
Allowances
9.
Co-ordination by the Monitoring
Committee
General Provisions on Licences
10.
Requirement for licence
11.
Application for licence
12.
Renewal of licence
13.
Non-transferability of licence
14.
Suspension or cancellation
oflicence
15.
Lost, stolen or destroyed
licence
Appeals Committee
16.
Establishment of Appeals
Committee
17.
Composition of Appeals Committee
18.
Tenure of Appeals Committee
19.
Right of appeal to Appeals
Committee
20.
Rules of procedure of Appeals
Committee
21.
Application
Miscellaneous Provisions
22. Inspection
23.
Other offences in relation to
importation of Portland Cement
24.
Interpretation
SCHEDULES
FIRST SCHEDULE
Application Form
SECOND SCHEDULE
Importation of Cement
(Procedure)
IN exercise of the power
conferred on the Minister
responsible for Trade by
sections 12 and 1 3 (a)
of the Export and Import Act,
1995 (Act 503), these
Regulations are made this 28th
day of June, 2016.
Preliminary Provisions
Purpose of Regulations
1.
The purpose of these Regulations
is to
(a)
provide for an import licensing
system for the importation of
Portland Cement for commercial
purposes into the country; and
(b)
regulate the international trade
in Portland Cement.
Application
of Regulations
2.
(1) These Regulations apply to
the importation of Portland
Cement for commercial purposes
into the country and which is
destined for consumption within
the Ghanaian market.
(2) These Regulations do not
apply to imports of Portland
Cement originating from a member
country of the Economic
Community of West African
States.
(3) These Regulations shall not
derogate from the application of
obligations of the Republic in
respect of the World Trade
Organisation Agreement on Import
Licensing Procedure and article
13 of General Agreement on
Tariffs and Trade, 1994 on
Import Restrictions.
Portland Cement Monitoring
Committee
Establishment of Portland Cement
Monitoring Committee
3. (l) There is established by
these Regulations, a Portland
Cement Monitoring Committee.
(2) The Monitoring Committee
consists of
(a)
the Chief Director of the
Ministry responsible for Trade
and Industry or a representative
of the Chief Director not below
the rank of a Director as
chairperson;
(b)
one person nominated by each of
the following:
(i)
the Customs Division of the
Ghana Revenue Authority not
below the rank of an Assistant
Commissioner;
(ii) the Ghana Ports and
Harbours Authority not below the
rank of a Manager;
(iii) the Standards Authority
not below the rank of a
Director;
(iv) the Ministry responsible
for Environment not below the
rank of a Director;
(v) the Ghana Real Estate
Developers Association;
(vi) the Cement Manufacturers'
Association of Ghana;
(viii) the Association of Ghana
Industries; and
(ix) the Ghana Union of Traders
Association.
(3) The Minister shall appoint
the members of the Committee
other than the Chief Director of
the Ministry responsible for
Trade and Industry.
Functions
of the Monitoring Committee
4.
(1) The Monitoring Committee
shall
(a)
implement and enforce the
provisions of these Regulations;
(b)
advise the Minister on matters
in relation to the import of
Portland Cement and related
matters;
(c)
make recommendations to the
Minister on the
(i) pricing of Portland Cement;
(ii) quantities of Portland
Cement to be imported for
commercial purposes; and
(iii) local production of
Portland Cement; and
(d)
report to the Minister, at least
once in every three months on
matters in relation to the
restriction on the import of
Portland Cement.
(2) Where a dispute arises as to
the origin of imported Portland
Cement, the Monitoring Committee
shall investigate the matter and
provide a report to the
Minister.
Tenure of office
·of members of Monitoring
Committee
5.
(1) A member of the Monitoring
Committee shall hold office for
a period of not more than two
years and is eligible for
re-appointment, but a member
shall not be appointed for more
than two consecutive terms.
(2) A member of the Monitoring
Committee may, by letter
addressed to the Minister,
resign at any time from office.
(3) A member of the Monitoring
Committee who is absent from
three consecutive meetings
without sufficient cause ceases
to be a member of the Monitoring
Committee.
(4) The Minister may by letter
addressed to a member of the
Monitoring Committee, revoke the
appointment of that member for
stated reasons.
(5) Where a member of the
Monitoring Committee is, for a
sufficient reason, unable to act
as a member, the Minister shall
determine whether the inability
would result in the declaration
of a vacancy.
(6) Where there is a vacancy
(a)
under subregulation (2), (3),
(4) or regulation 7 (2),
(b)
as a result of a declaration
under subregulation (5), or
(c)
by reason of the death of a
member,
the Minister shall appoint a
person to fill the vacancy from
the institution in which the
vacancy occurred for the
unexpired term.
Meetings
of the Monitoring Committee
6.
(1) The Monitoring Committee
shall meet at least six times in
a year for the despatch of
business at the times and in the
places deter- mined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the membership
of the Monitoring Committee,
convene an extra-ordinary
meeting of the Monitoring
Committee at the time and in the
place determined by the
chairperson.
(3) The quorum at a meeting of
the Monitoring Committee is five
members of the Monitoring
Committee.
(4) The chairperson shall
preside at meetings of the
Monitoring Committee and in the
absence of the chairperson, the
members of the Monitoring
Committee present at a meeting
shall elect a member present to
preside.
(5) Matters before the
Monitoring Committee shall be
decided by simple majority of
the members present and voting
and in the event of an equality
of votes the person presiding
shall have a casting vote.
(6) The Monitoring Committee
may co-opt a person to attend a
meeting of the Monitoring
Committee but that person shall
not vote on a matter for
decision at the meeting.
(7) The Monitoring Committee
shall regulate the manner and
procedure of its meetings.
Disclosure of interest
7. (l) A member of the
Monitoring Committee who has an
interest in a matter for
consideration shall
(a)
disclose the nature of the
interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
not be present at, or
participate in the deliberations
of the Monitoring Committee in
respect of the matter.
(2) A member ceases to be a
member of the Monitoring
Committee if that member has an
interest in a matter before the
Monitoring Committee and
(a)
fails to disclose that interest;
or
(b)
participates in the
deliberations of the matter.
Allowances
8.
(1) A member of the Monitoring
Committee shall be paid an
allowance for attending
meetings.
(2) The Minister, in
consultation with the Minister
responsible for Finance, shall
determine the allowance to be
paid under subregulation (l) to
members of the Monitoring
Committee.
Co-ordination by the Monitoring
Committee
9. The chairperson of the
Monitoring Committee may
constitute a sub-committee
consisting of members of the
Monitoring Committee to
co-ordinate with competent
authorities and any relevant
stakeholders to ensure the
implementation of these
Regulations.
General Provisions on Licences
Requirement for licence
10.
(1) A person shall not
(a)
import Portland Cement,
(b)
cause Portland Cement to be
imported, or
(c)
facilitate the import of
Portland Cement
for commercial purposes into the
country, without a licence
issued by the Minister.
(2) A person who contravenes
subregulation (1), commits an
offence and is liable on summary
conviction to a fine of not more
than five hundred penalty units
or to a term of imprisonment of
not more than two years or to
both and the goods in respect of
which the offence was committed
may be seized and forfeited to
the Republic.
Application for licence
11.
(1) A person who intends to
import Portland Cement into the
country shall apply in writing
for a licence to the Minister.
(2) The application shall be as
set out in Form A of the First
Schedule. (3) The application
shall be accompanied with the
documentation required by the
Minister as specified in the
Second Schedule.
(4) The applicant shall submit
the application' with the
required fee determined in
accordance with the Fees and
Charges (Miscellaneous
Provisions) Act, 2009 (Act 793).
(5) The Minister shall within
thirty days of receipt of the
application, make a decision
whether or not to grant the
licence and inform the applicant
of the decision.
(6) Where the Minister refuses
to grant the licence, the
Minister shall state the reason
for the refusal.
(7) A licence granted by the
Minister is subject to the terms
and conditions specified in the
licence.
Renewal of licence
12.
(1) A licence issued under these
Regulations is for a period of
twelve months and is subject to
renewal at the end of the
period.
(2) A person. who wishes to
renew the licence issued, shall
submit an application for
renewal to the Minister not
later than one month before the
licence.expires.
(3) The procedure for the
renewal of the licence is the
same as that for the grant of
the original licence and is
subject to the payment of the
renewal fee determined in
accordance with the Fees and
Charges (Miscellaneous
Provisions) Act, 2009 (Act 793).
(4) A person who fails to renew
the licence issued or whose
application for renewal is
rejected by the Minister, shall
cease to import Portland Cement
into the country.
Non-transferability oflicence
13.
(1) A person granted a licence
under these Regulations shall
not transfer that licence to
another person.
(2) A person who transfers or
attempts to transfer a licence
in contravention of
subregulation (1), commits an
offence and is liable on summary
conviction to a fine of not less
than two hundred and fifty
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
less than one year and not more
than two years or to both.
Suspension or cancellation of
licence
14.
(1) The Minister may suspend or
cancel a licence where the
Minister is satisfied that the
licensee
(a)
is not complying with or has not
complied with any of the terms
or conditions of the licence;
(b)
has contravened any of the
provisions of these Regulations
or any other relevant enactment;
or
(c)
no longer meets the requirements
for which the licence has been
granted.
(2) The Minister shall not
suspend or cancel a licence
under subregulation (1), unless
the Minister has
(a)
given the licensee at least
seven days' written notice of
the decision to suspend or
cancel the licence and specified
in the notice the nature of the
defect, omission or breach; and
(b)
requested the licensee to remedy
the defect, omission or breach
within fourteen days from the
date of the written notice.
(3) Where the licensee fails to
take the necessary action to
remedy
the defect, omission or breach,
the Minister shall suspend or
cancel the
licence.
(4) The suspension or
cancellation of a licence is
effective from the day that the
applicant receives the decision
of the Minister in writing to
suspend or cancel the licence.
Lost, stolen or destroyed
licence
15. (1) In the event of a loss,
theft or destruction of an
original licence granted under
these Regulations or a copy of
the licence, the licensee shall,
within fourteen days of the
loss, theft or destruction,
apply to the Minister for a
replacement of the licence on
the basis of the document in the
possession of the licensee.
(2) An application for a
replacement licence shall be
accompanied by a police report.
(3) The Minister shall, within
fourteen days of the receipt of
the request from the licensee,
issue the licensee with a
replacement licence.
(4) A replacement licence shall
contain the licence number and
the information and entries
appearing on the original
licence it replaces.
(5) A replacement licence shall
bear the endorsement
"Replacement Licence" .
(6) If a replacement licence is
lost, stolen or destroyed no
further replacement licence
shall be issued.
(7) In the event that a lost or
stolen licence is retrieved, the
finder of the retrieved licence
shall return the licence to the
Minister.
Appeals Committee
Establishment of Appeals
Committee
16. The Minister shall establish
on an ad-hoc basis, an Appeals
Committee to consider an appeal
against a decision of the
Minister in respect of a licence.
Composition of Appeals Committee
17. (1) The members of the
Appeals Committee shall be
appointed by the Minister and
shall consist of
(a)
the chairperson of the Tariff
Advisory Board as chairperson;
(b)
one representative of the
Customs Division of the Ghana
Revenue Authority not below the
rank of an Assistant
Commissioner; and
(c)
one representative of the
Attorney-General's Department of
the Ministry of Justice not
below the rank of a Principal
State Attorney.
(2) A member of the Monitoring
Committee shall not be appointed
as a member of the Appeals
Committee.
Tenure of Appeals Committee
18.
An Appeals Committee shall cease
to operate and its membership
shall terminate on the
determination of a matter
referred to it for
determination.
Right of appeal to Appeals
Committee
19.
(1) A person who is aggrieved by
a decision of the Minister may
appeal, within thirty days of
the decision, to the Appeals
Committee.
(2) The Minister shall, within
fourteen days after the receipt
of the appeal, set up an Appeals
Committee to determine the
appeal.
(3) The Appeals Committee shall
determine an appeal within four-
teen days after the submission
of the appeal and may
(a) affirm the decision
of the Minister;
(b)
vary the decision of the
Minister; or
(c)
revoke the decision of the
Minister.
(4) The Appeals Committee shall,
within the fourteen days stated
in subregulation (3), submit a
report of its decision in
writing to the Minister and
inform the appellant of its
decision.
(5) A person who is aggrieved by
a decision of the Appeals
Committee may, within thirty
days of the decision, appeal
against the
decision to the High Court.
Rules of procedure of Appeals
Committee
20.
The Appeals Committee shall
determine the rules of procedure
for the Committee.
Application
21.
Regulations 7 and 8 on
disclosure of interest and
allowances apply to the Appeals
Committee.
Miscellaneous
Provisions
Inspection
22.
(1) An officer authorised by the
Minister or the Ghana Revenue
Authority shall carry out
inspection to ensure compliance
with these Regulations.
(2) Inspection is subject to
procedures in respect of the
single window platform and where
necessary there shall be
physical inspection for national
security concerns.
Other offences in relation to
importation of Portland Cement
23.
(I) A person who conspires with
another person to import
Portland Cement by labelling the
material in the consignment as
non-cement, commits an offence
and is liable on summary
conviction of a fine of not less
than two hundred and fifty
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
less than one year and not more
than two years or to both and
may have the goods in respect of
which the offence was committed,
seized and forfeited to the
Republic.
(2) A person who imports
Portland Cement from another
country and re-bags the Portland
Cement in a different country to
import into the country to evade
taxes or in order to enjoy a
Regional Scheme commits
an offence and is liable on
summary conviction of a fine of
not less than two hundred and
fifty penalty units and not more
than five hundred penalty units
or to a term of imprisonment of
not less than one year and
not more than two years or to
both and may have the goods in
respect of which the offence was
committed, seized and forfeited
to the Republic.
(3) A person who
(a)
obstructs, hinders or interferes
with an officer authorised by
the Minister or an officer of
the Ghana Revenue Authority in
the performance of the duties of
the officer under these
Regulations;
(b)
refuses to give an officer
authorised by the Minister or an
officer of the Ghana Revenue
Authority access to a con-
signment of that person that is
about to be imported;
(c)
fails or refuses to provide to
an officer authorised by the
Minister or an officer of the
Ghana Revenue Authority
information, with respect to the
importation of Portland Cement
that is within the knowledge or
possession of that person; or
(d)
fails or refuses to provide to
an officer authorised by the
Minister or an officer of the
Ghana Revenue Authority
information, with respect to the
importation of Portland
Cement that is reasonably
expected to be within the knowl-
edge or possession of that
person
commits an offence and is liable
on summary conviction to a fine
of not
less than two hundred and fifty
penalty units and not more than
five hundred
penalty units or to a term of
imprisonment of not less than
one year and
not more than two years or to
both and may have the goods in
respect of
which the offence was committed,
seized and forfeited to the
Republic.
Interpretation
24. In
these Regulations, unless the
content otherwise requires,
"Appeals Committee" means the
Appeals Committee estab-
lished under regulation 16;
"competent authorities" include
(a)
the Ministry of Trade and
Industry;
(b) the Ministry of
Finance;
(c)
the Ghana Revenue Authority;
(d)
the National Security Council
Secretariat;
(e) the Standards
Authority;
(f)
the Environmental Protection
Agency;
(g) the Ghana Police
Service;
(h)
the Bureau of National
Investigation;
(i)
the Ghana Ports and Harbours
Authority; and
(;) any other person with the
mandate to ensure the
effective administration and
implementation of
these Regulations;
"Monitoring Committee" means the
Portland Cement Monitoring
Committee established under
regulation 3;
"Portland Cement" means a
hydraulic binder in the nature
of a
finely ground inorganic material
which when mixed with
water forms a paste which sets
and hardens by means of
hydration reactions and
processes and which after
hardening
retains its strength and
stability even under water;
"Regional Scheme" means the
Protocols that relate to the
Economic
Community of West African States
Trade Liberalisation
Scheme;
"single window platform" means
an Information Communi-
cation Technology platform that
enables traders to submit
documentation and data
requirements for importation,
exportation or transit of goods
through a single entry point
to the participating authorities
or agencies; and
"Tariff Advisory Board" means
the body established under the
auspices of the Ministry of
Trade and Industry to advise
the Minister on trade-related
issues.
L
FIRST SCHEDULE
(regulation
11 (2))
FORMA
APPLICATION FORM
REGISTRATION TO IMPORT CEMENT
INTO GHANA
1.0
Identity of Enterprise
..........................................................................................
(a) Business Name: .
.............................................................................
(b) Tax Identification Number
(TIN):
.
.....................................................................................
(c) Headquarters Address:
.
.................................................................................................
(d) P.O. Box:
.
..........................................................................
(e) Telephone No.: .......... .
........................................................................................
(f) Fax No.:
.
...........................................................................
(g) Email address: .
(h) Website: .
2.0 Advance Notification of
Plan to Import for the Year
(a) Quantity to be
imported (in metric tonnes):
......................... .
(b) Estimated values
to be imported:
...........................................
.
(c) Name of country
of manufacturer:
.........................................
.
(d) Name of country
of importation:
.............................................
.
(e) Grade of
Portland Cement to be imported
(32.5, 42.5 or other):
.
3.0
Ownership and Location of
Business
........................................
(a) Names and nationalities of
owners: .
.........................................................................................................
(b)
Shareholdingpercentagesofowners:
....................................
.
(c) Exact location
of business:
.....................................................
.
(d) Number of
employees:
.............................................................
: .
(e) Contact person:
........ :
.............................................................
.
Name:
.......................................................
Signature: .......... :
....... .
15
L.1. 2240
Export and Import (Restrictions
on Importation of Portland
Cement)
Regulations, 2016
SECOND SCHEDULE
(regulation
11 (3))
IMPORTATION OF CEMENT
(PROCEDURE)
1.0
Application to be accompanied
with the under listed
particulars
(a)
Business Registration documents
from the Registrar-General's
Depart-
ment;
(b) GIPC/GFZB
Registration (for companies with
offshore equity participation);
(c) Environmental Impact
Assessment Certificate or
Environmental Permit;
(d) Department of
Factories Inspectorate
Certificate;
(e)
SSNIT Clearance Certificate;
(f)
Tax Clearance Certificate; and
(g)
Sample laboratory test result
from the Standards Authority and
the Envi-
ronmental Protection Agency (for
checks on heavy metals and other
contaminants).
2.0
Submission of Pro-forma
invoices indicating:
(a)
quantity to be imported;
(b)
values of the product;
(c)
name of importing country;
(d)
name and particulars of
consignees; and
(e)
quality standard of Portland
Cement: 32.5,42.5 or other.
3.0
Pre-Shipment Documentation of
containers and vessel line
from exporting country
4.0 Evidence
of plans to undertake Portland
Cement production in Ghana
(a)
Feasibility Study;
(b)
Business Plan;
(c)
land acquisition documentation;
and
(d) state offactory
construction.
5.0
Submission of complete Reporting
Form on the Importation of
Portland
Cement after arrival of goods
6.0 Payments offees per
consignment
7.0
Permission to import is granted
approval by the Ministry of
Trade and Industry
Licence is issued to cover a
period of one year after
satisfying conditions under
items 1, 2, 3 and 4.
RON. HANNA S. TETTER
Minister responsible for
Trade and Industry
Date of Gazette
notification: 29th June, 2016.
Entry into force: 1st August,
2016.
GHANA PUBLISHING COMPANY LTD.,
ASSEMBLY PRESS, ACCRA.
GPCLlA616/1,500108/2016
Website:
www.ghpublishing.company.com
E-mail: i~fo@ghpublishingcompany.com
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