Ghana

Corporate - Other issues

Last reviewed - 09 July 2020

Local Content and Local Participation Regulations

The Minerals and Mining General Regulations 2012 (LI 2173) applicable to mining entities obligate mining contractors and subcontractors to conform to the requirements for recruitment of expatriates, train Ghanaians, and give preference to local products and services in their operations.

The Petroleum (Local Content and Local Participation) Regulations, 2013 (LI 2204) aim at providing a transparent monitoring system to meet the objectives of the government’s Local Content Policy. Further, the Regulations are expected to help facilitate job creation through the use of local expertise for goods and services, business, and financing in the petroleum industry value chain.

The Energy Commission (Local Content and Local Participation) (Electricity Supply Industry) Regulations, 2017 (LI 2354) compels businesses operating in the electricity supply industry (including renewable energy) to comply with the defined percentages of Ghanaian equity ownership, utilisation of local human and material resources, and services in their businesses.

Ring fencing for mining and petroleum entities

In determining the chargeable income for a basis period, mining companies are not able to deduct expenses incurred in one mining area against revenue from another mining area.

Similarly, companies engaged in petroleum operations are required to treat the activities of a petroleum right as an independent activity separately from other rights.