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IN exercise of the powers
conferred on the Secretary
responsible for Transport and
Communications by section 16 of
the Ghana Shippers' Council
Decree, 1974 (N.R.C.D. 254) these
Regulations are made this 24th day
of June, 1987.
Regulation 1—Shippers to Register
with Council.
(1) All shippers in Ghana, other
than shippers of personal effects,
shall register with the Council by
filing with it a completed
registration form prescribed in
the First Schedule for which the
appropriate registration fee as
provided for in the Second
Schedule to these Regulations
shall be paid by the shipper.
(2) A shipper registered under
this section shall be issued a
certificate of registration which
shall be subject to renewal
annually upon payment of the fee
prescribed in the Second Schedule
to these Regulations.
(3) A shipper shall upon
application to the Ministry of
Trade and Tourism for import or
export licence present to the
Ministry the certificate of
registration issued to him by the
Council.
Regulation 2—Council to Levy
Service Charge.
(1) The Council shall levy a
service charge of two per cent of
the gross freight value of any
shipment to or from Ghana on the
appropriate shipping line
operating in Ghana.
(2) The Council may grant
exemption in respect of the
payment of the service charge or
waive the payment of the service
charge as it deems necessary.
Regulation 3—Import Shipment
Terms.
(1) Unless otherwise provided by
the Council all commercial imports
shall be contracted for on F.O.B.
terms.
(2) A shipper shall, upon receipt
of a quotation from a supplier,
seek the advice of the Council on
freight and other conditions of
shipment before entering into any
contract of purchase with the
supplier.
Regulation 4—Freight Payments for
Imports.
(1) Irrevocable letters of credit
established or funds transferred
in respect of all imports
contracted for on F.O.B. terms
shall—
(a) of the one part be made in the
name of the supplier of the goods
to meet the cost of the goods; and
(b) of the other part be made in
the name of the Council to meet
the cost of freight.
(2) Freight payments in respect of
imports referred to in
sub-regulation (1) of this
regulation shall be made direct
from the Council's foreign
accounts to the shipping line or
the agent, in accordance with
commercial shipping practice.
(3) Freight payments for all
imports wholly financed from
foreign private sources shall be
made by the shipper to the
shipping line in accordance with
current commercial shipping
practice.
Regulation 5—Export Shipment
Terms.
(1) Unless otherwise provided by
the Council, all exports from
Ghana shall be contracted for on
C.I.F. terms.
(2) Where exports are contracted
for on C.I.F. terms the exporter
shall, before entering into a
contract of sale with any
importer, seek the advice of the
Council on freight and other
conditions of shipment.
Regulation 6—Freight Payments for
Exports.
Freight payments for all exports
contracted for on C.I.F. terms
shall be made by the shipper to
the shipping line in accordance
with current commercial practice.
Regulation 7—Insurance on Imports.
Insurance on all imports into
Ghana shall be contracted for in
Ghana unless otherwise provided by
the Council.
Regulation 8—Shippers to File
Notification Forms.
(1) All shippers or their agents
or representatives shall, before
effecting any shipment to or from
Ghana, file with the Council or
any of its branches outside Ghana
a completed Shipment Notification
Form prescribed in the First
Schedule to these Regulations
disclosing particulars of the
cargo to be shipped.
(2) Where the Council has no agent
or representative, the Shipment
Notification Form shall be filed
with the agent of the shipping
line who will then forward the
relevant copy to the Council.
Regulation 9—Consolidations of
Cargo.
(1) The Council shall consolidate
all cargo that has been contracted
for under regulations 3 and 5 of
these Regulations and of which the
Council has been notified through
the relevant Shipment Notification
Form.
(2) The Council shall allocate
such cargo to the relevant
national shipping lines and the
Cross Traders operating to Ghana,
in accordance with the cargo
sharing formula of the United
Nations Convention on the Code of
Conduct for Liner Conferences,
1974.
(3) The allocation of cargo under
sub-regulation (2) of this
regulation shall be based on
pre-arranged frequency of sailings
of the shipping line every year.
(4) In the case of cargo other
than those referred to in
sub-regulations (1) and (2) of
this regulation the shipper may
consult the Council in determining
which shipping line shall carry
such cargo.
(5) The Council or the Regional
Freight Negotiating Committee
acting on behalf of the Council
shall enter into annual
negotiations with shipping lines
in respect of freight rates and
other conditions of shipment in
respect of cargo allocated to
shipping lines, in accordance with
the United Nations Convention.
(6) For the purposes of allocation
of cargo to shipping lines under
this regulation, where for any
reason no Ghanaian national line
is capable of carrying Ghana's
portion of the cargo in ships
owned by them only the State
Shipping Corporation shall enter
into space charter agreements with
any other shipping line for the
carrying of such cargo.
Regulation 10—Bilateral
Agreements.
The Council may enter into such
bilateral agreements with any
person in respect of the shipment
of cargo as it deems fit.
Regulation 11—Agents, etc. To
Allocate Cargo.
Where—
(a) the Council is unable to
consolidate and allocate any cargo
on a particular shipping route; or
(b) a shipping line to which such
cargo has been allocated is unable
to carry such cargo,
the agent or representative of the
Council, or where there is no such
agent or representative, the
shipper's agent shall allocate
such cargo to any available ship
and inform the Council.
Regulation 12—Council to Appoint
Agents, etc.
The Council may appoint agents or
representatives to such ports as
it deems necessary and to operate
its foreign accounts as
appropriate.
Regulation 13—Penalties.
(1) Any shipper who ships any
cargo to or from Ghana and has not
filed the relevant Shipment
Notification Form or has not been
exempted from filing such
notification shall be liable to
pay a pecuniary penalty equivalent
to the gross freight value of the
goods.
(2) Any shipowner who carries
cargo that is not covered by a
Shipment Notification Form
endorsed by the Council to or from
any Ghanaian port shall be liable
to pay a pecuniary penalty
equivalent to the gross freight
value of the cargo.
(3) Where the Council has, at the
request of a shipper, booked,
reserved or allocated cargo space
on any ship, for the shipment of
cargo to or from a Ghanaian port,
such shipper shall be liable to
pay, for any cost incurred in
respect of the unutilised cargo
space, if, without reasonable
excuse he fails to utilize the
whole or part of the cargo space.
Regulation 14—Appeal Against
Decision of Council.
(1) Any shipper or shipowner
aggrieved by a decision of the
Council under regulation 13 may
within fourteen days after the
decision has been communicated to
him appeal in writing to the
Secretary against such decision.
(2) The Secretary shall, on
receipt of the appeal, appoint an
arbitrator who shall investigate
such grievance and make
recommendations confirming,
varying or annulling the decision
to the Secretary whose ruling
thereon shall be final.
Regulation 15—Copies of Import
Manifest to be Sent to Council.
The agent of a shipping line in a
port shall—
(a) not later than three days
after the arrival of the vessel in
port send copies of all cargo and
freight manifest to the Council;
(b) not later than five days after
the departure of the vessel from
port send copies of all cargo and
freight manifests to the Council.
Regulation 16—Shipping Agencies to
Register with Council.
(1) Every shipping agency
operating in Ghana shall register
with the Council by completing the
registration form prescribed in
the First Schedule to these
Regulations which shall be
obtained from the Council at a fee
of ¢100,000.00.
(2) The Council shall issue the
shipping agency with a certificate
of registration which shall be
subject to renewal annually upon
payment of such fee as the Council
may prescribe.
Regulation 17—Shipping Agencies to
Submit Notification Forms.
(1) A shipping agency shall—
(a) submit to the Council the
Shipment Notification Form in
respect of any shipper who uses
its services;
(b) liaise with the Council for
information relating to shipment
of cargo, applicable freight rates
and other conditions of shipment.
(2) The Council may authorise any
shipping agency—
(a) to act on its behalf in such
prescribed manner for the smooth
implementation of the cargo
sharing formula of the United
Nations Convention on the Code of
Conduct for Liner Conferences,
1974;
(b) to act on behalf of its
overseas principal if, after due
notification of the Council by its
principal, the Council consents to
the arrangement.
Regulation 18—Council to Negotiate
with Shipping Agent.
The Council shall negotiate with a
shipping agent or his principal in
respect of the remuneration to be
paid to the shipping agency for
services provided by the shipping
agency on behalf of such shippers.
Regulation 19—Council to Grant
National Shipping Line Status.
For the purposes of these
Regulations, the Council may grant
the status of a national line to
any Ghanaian shipping company if:
(a) the company is registered in
Ghana and is owned, either fully
by Ghanaians or 60% of its equity
shares are owned by Ghanaians;
(b) the Head Office of the company
is located in Ghana and its
management and control is directed
from its Ghanaian Head Office;
(c) the company owns at least one
ocean-going ship of not less than
5,000 net registered tonnes;
(d) the terms and conditions of
the employment of seafarers
engaged by the company are in
conformity with Ghanaian laws and
accepted international rules and
standards;
(e) the ship of the company is
registered in the Ghanaian
Register of Ships and the ship
satisfies all conditions
stipulated in the Merchant
Shipping Act, 1963 (Act 183); and
(f) one hundred per cent of the
crew and at least 75 per cent of
the shipboard officers including
the captain and the chief officer
and wherever possible the chief
engineers, are Ghanaians.
Regulation 20—Exemption from
Regulations.
Provisions of these Regulations
shall not apply to—
(a) cargo for the Armed Forces
(b) cargo for an International
Organisation or a Diplomatic or
Consular Mission in Ghana; or
(c) cargo in transit.
Regulation 21—Interpretation.
In these Regulations unless the
context otherwise requires—
"Council" means the Ghana Shippers
Council;
"C.I.F." means Cost Insurance
Freight;
"F.O.B." means Free on Board;
"Secretary" means the Secretary
responsible for Transport and
Communications.
Regulation 22—Transitional
provisions.
All contracts entered into before
the commencement of these
Regulations in respect of the
shipment of cargo shall remain in
force for a period of three months
after such commencement.
SCHEDULES
FIRST SCHEDULE
GHANA SHIPPERS' COUNCIL
SHIPPERS' REGISTRATION FORM
1. Name of Shippers
......................................…………………………………..........
……
2. Address of Shipper
....................................……………………………..………....
……
Telephone
.……………....………….....
Telex......…….......……..........…...................
3. Location of Business
..................................……………………………....….
…...…..
4. Business Registration No.
.............................……………………………..……......…..
5. Insert `X' if type of business
involves:
Importing
Exporting
Both
Imports
Exports
6. (a) Principal Commodities .
. . . . . . .
..........................
.......................
(b) Countries of origin/
destination . . . .
..........................
.......................
(c) Average Annual volume of
cargo (Freight tons) .
. . . . . .
. . . .
...........................
.......................
(d) Average Annual Freight paid
(US$) . . . .
..........................
.......................
(e) Average annual frequency of
shipping . .
..........................
.......................
(f) Average CIF or FOB value of
shipment per num amounts to (US$).
. . . . . .
...........................
.......................
(g) State whether usual carrier
service is liner, charter, tramp,
etc. . . . . .
. . .
..........................
.......................
(h) Anticipated CIF/FOB value of
shipment for current year .
. . . . . .
. .
..........................
.......................
*Averages to be calculated over
the past two (2) years.
I/We hereby declare that the
information given herein are
correct to the best of my/our
knowledge. I/We therefore apply
to be registered with the Ghana
Shippers' Council in accordance
with N.R.C.D.254 of 1974 as
amended by the P.N.D.C.L. 181 and
corresponding Legislative
Instrument.
......................…………
…………….......................................
Name,
Designation
Signature, Stamp, Date
FOR USE BY GSC ONLY
Category of shipper Receipt
Number
Amount due as registration
fee Approved by (Signature,
stamp and date)
Registration Number
Valid till
GHANA SHIPPERS' COUNCIL
SHIPMENT NOTIFICATION FORM
Importer/Exporter Supplier's
Name and Address
buyer's ref. f/agent ref.
supplier's invoice no.
Consignee if order State Notify
party and address Buyer
if not consignee
Forwarding Agent/Merchant
Telex/Telephone No.
Country of origin of goods
Country of final destination of
goods
Intended shipment Date Dock
container base, etc. Terms of
Delivery and Payment
Intended Vessel Nationality
of vessel Flag Port of
Loading Place of delivery
by on-carrier
Name of shipping line (indicate
conference if any) Port
of Discharge
Description of goods (Kind of
packages, Container) Weight/
Volume (Kg/m3) Conference
freight rate app. Surcharges if
any Net Freight
REMARKS
FOR OFFICIAL USE ONLY
Ghana Shipper's Council
Representatives Lines
Agents (Representative)
Customs
G.S.C. ref. No. . . .
. . . Stamp Customs
Entry
Form No.
Valid till
......................................
Date Stamp
Approved vessel
...........................
Signature Date
Nationality of vessel
....................
Signature
Conferences (if any)
....................
Stamp
Date
Signature
GHANA SHIPPERS' COUNCIL
SHIPPING AGENCIES REGISTRATION
FORM
1. Registered Name
.............................................................................................................
2. State of Establishment
..................................................................................................
3. Address (including Telephone
Telex Nos.)
...............................................................................................................
4. Location of Office
...........................................................................................................
5. Nature of Business (e.g.
Booking Agency,
Clearing/Forwarding)
................................................................................................................................................
................................................................................................................................................
6. Major Shareholders
(i)
(ii)
(iii)
(iv)
(v)
7. Stated Capital
...................................................................................................................
8. Type of vessel handled
(Conventional, Container, Roro,
etc.)
..................................................................................
9. Average annual volume of cargo
handled by the Agency for the last
2 years
19—
...............................
19— ..............................
10. Name/Address of Principals
Nature of Service Regular
Route Conference/
non-Conference
Liner Tramp Coaster
1. ..............................
...............
..............
..............
...............
2. ..............................
...............
..............
..............
...............
3. ..............................
...............
..............
..............
...............
4. ..............................
...............
..............
..............
...............
5. ..............................
...............
..............
..............
...............
6. ..............................
...............
..............
..............
...............
REMARKS
I/We hereby declare that
information given herein are
correct to the best of my/our
knowledge. I/We therefore apply
to be registered with the Ghana
Shippers' Council (GSC) in
accordance with N.R.C.D. 254 of
1974 and subsequent amendments (P.N.D.C.
Law 181).
............................................
........................................
Name of
Agent/Manager
Signature/Date
____________________________________________________________________
FOR GSC OFFICE USE ONLY
____________________________________________________________________
Registration No.
………………........….............
Receipt No.
..................................
Valid till
.........……………………….................
Date
.............................................
Approved by
...............……………………........
Stamp
..........................................
_____________________________________________________________________
SECOND SCHEDULE
CATEGORY A
(1) A shipper whose CIF value of
shipments per annum amounts to
US$100,000.00 or more . .
. . . . . . .
.
¢120,000.00
CATEGORY B
(2) A shipper whose CIF value of
shipments per annum amounts to
more than US$20,000.00 but not
more than US$100,000.00 . .
. . . . .
. . . . .
¢
65,000.00
CATEGORY C
(3) A shipper whose CIF value of
shipments per annum amount to less
than US$20,000.00. . .
. . .
¢25,000.00
E. O. DONKOR
Secretary for Transport and
Communications
Date of Gazette Notification: 3rd
July, 1987. |
