 
  ORGANISATION MONDIALE  
DU COMMERCE  S/DCS/W/GHA 
24 janvier 2003  
 (03-0467) 
Commerce des services Original:   anglais 
  
 
GHANA 
 
Projet de version codifiée de la Liste d'engagements spécifiques
1 
 
 
 On trouvera ci-joint un projet de version c odifiée de la Liste d'engagements spécifiques du 
Ghana en format Word.  Ce document ne remplace  pas les engagements juridiquement contraignants 
souscrits par le Ghana dans sa Liste d'engageme nts spécifiques (GATS/SC/35; GATS/SC/35/Suppl.1; 
GATS/SC/35/Suppl.2). 
 
 Le projet de version codifiée de la liste a été établi par le Secrétariat, à la demande des 
Membres, pour faciliter le processus de négociation,  y compris la présentation des offres initiales. 
 
_______________ 
 
 
 
                                                           
1 Le présent document a été établi, en anglais seulemen t, par le Secrétariat sous sa propre responsabilité 
et sans préjudice des positions des Membres ni de le urs droits et obligations dans le cadre de l'OMC.  
 S/DCS/W/GHA 
Page 2 GHANA – SCHEDULE OF SPECIFIC COMMITMENTS 
Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMITMENTS 
 
 ALL SECTORS  
 INCLUDED  
 IN THIS SCHEDULE    
 1) None 
2) None 1) None 
2) None  
 
 3) Foreign-owned enterprises including  
 joint-venture enterprises with   Ghanaians must satisfy minimum  
 capital outlay and foreign equity  
 requirements as follows: wholly   foreign-owned company requires a  
 minimum equity capital outlay of  
 US$ 200,000.  Joint-venture   company should have a minimum  
 foreign equity capital of at least US$  
 10,000 in cash or kind.  Agency   establishment must have authority to  
 negotiate and conclude contracts on  
 behalf of foreign parent companies. 3) None 
   
 
 4) Automatic entry and work permit is  
 granted to up to 4 expatriate senior   executives and specialized skill  
 personnel in accordance with  
 relevant provisions in the   Investment Promotion Law.   
 Approval is required for any  
 additional expatriate workers   beyond the automatic level.   
 Enterprises must also provide for  
 training in higher skills for   Ghanaians to enable them to assume  
 specialized roles. 4) None 
    
  S/DCS/W/GHA
 Page 3Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
2. COMMUNICATION  
 SERVICES     
C. Telecommunication  
 Services  
    See attached 
 additional 
 commitments on  regulatory disciplines 
For public use  
  Mobile services (terrestrial  
 and satellite based) 
 - Cellular/mobile telephone  
 services 
- Mobile data services - Personal communications  
 services  
- Paging (CPC 75291) - Trunked radio system  
- services 
 
 Fixed satellite services 
 1) For voice services commercial  
 arrangements with duopoly   operators required. For non-voice  
 services bypass of network facilities  
 of duopoly operators is not   permitted. 
2) None 
3) Only through joint venture with   Ghanaian national(s). 
4) Unbound except as indicated under  
 horizontal measures.  1) None 
  
 
  
2) None 
3) None  
4) Unbound except as indicated under  
 horizontal measures.    
 S/DCS/W/GHA 
Page 4 Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
For public use  
 Fixed network infrastructure 
 
Local, domestic long distance,  and international 
 
(a) Voice telephone services   (CPC 7521) 
 (Including public pay  
 telephone services, operator   and emergency services) 
(g) Private leased circuit  
 service (CPC 7522**,   CPC 7523**) 
 1) Bypass of duopoly operators is not  
 permitted. 2) None 
3) Duopoly established with the  
 operators to provide service in   competition with each other.   
 Regulator can licence additional  
 suppliers of local service to   underserved population centres for  
 which duopoly operators have  
 declined rights of first refusal. Only   through joint ventur e with Ghanaian  
 national(s). 
4) Unbound except as indicated under   horizontal measures 
 1) None 
 2) None 
3) None 
  
 
  
 
  
 
4) Unbound except as indicated under   horizontal measures 
  
  
 The duopoly operators 
 are granted exclusivity  for a period of five 
 years. At the 
 expiration of this  period, the 
 Government will 
 conduct a  review  of its policy to 
 determine whether to 
 license additional  suppliers of such 
 services.  
  
 
For public use  
 
(b) Packet-switched data  
 transmission services   (CPC 7523**) 
(c) Circuit-switched data  
 transmission services   (CPC 7523**) 
(d) Telex services  
 (CPC 7523**) (e) Telegraph services  
 (CPC 7522) 
(f) Facsimile services   (CPC 7521**,  
 CPC 7529**) 1) Bypass of network facilities of the  
 duopoly operators is not permitted 
2) None 
3) May establish own network   facilities; or may obtain  
 transmission capacity, but only from  
 the duopoly operators.  Only   through joint ventur e with Ghanaian  
 national(s) 
4) Unbound except as indicated under   horizontal measures 
 
 1) None 
 
2) None 
3) None  
 
  
 
4) Unbound except as indicated under   horizontal measures 
 
  
  
  S/DCS/W/GHA
 Page 5Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(o) Other 
  Internet and Internet access  
 services [except voice]  
 (CPC 75260**)  
 Teleconferencing services  
 (CPC 75292)     
Mobile services (terrestrial and  
satellite based) 
- Cellular mobile /telephone   services 
- Mobile data services 
- Personal communications   services 
- Paging (75291) 
- Trunked radio system   services 
Fixed satellite services 
 
 1) For voice services commercial arrangements 
 with duopoly operators required.  For non-
 voice services bypass of network facilities od  duopoly operators in sot permitted. 
2) None 
3) Only through joint venture with Ghanaian  national (s). 
4) Unbound except as indicated under horizontal 
 measures. 1) None 
 
  
2) None 
3) None  
4) Unbound except as indicated under horizontal 
 measures.  
 Telecommunications  
 equipment sales 
 (CPC 75410) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
  
 
 Telecommunications   equipment rental,  
 maintenance, connection,  
 repair and consulting   services  
 (CPC 75420 - 75450) 
 1) Commercial presence required 
2) None 
3) Only through joint venture with  
 Ghanaian national(s) 4) Unbound except as indicated under  
 horizontal measures 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated under  
 horizontal measures 
  
  
 S/DCS/W/GHA 
Page 6 Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
3. CONSTRUCTION AND  
 RELATED  ENGINEERING 
 SERVICES (including 
 maintenance and equipment  repair services) 
    
A. General Construction Work  
 for Buildings  
 (CPC 512) 
 1) None 
2) None 3) None 
4) Unbound except as indicated under  
 horizontal measures  1) None 
2) None 3) None 
4) Unbound except as indicated under  
 horizontal measures   
B. General Construction Work  
 for Civil Engineering  
 (CPC 513) 
 1) None 
2) None 3) None 
4) Unbound except as indicated under  
 horizontal measures  1) None 
2) None 3) None 
4) Unbound except as indicated under  
 horizontal measures   
 
C. Installation and Assembly  
 Work  
 (CPC 514, 516) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
  
 
5. EDUCATIONAL  
 SERVICES 
    
B. Secondary and Specialist  
 (CPC 922, 929) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
  
  
  S/DCS/W/GHA
 Page 7Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
7. FINANCIAL SERVICES 
 A. All Insurance and 
 
 Insurance-related Services  
    
(a) Life insurance. 
(b) Non-life insurance  
 consisting of:  
- fire insurance; - transport and aviation 
 insurance; 1),2)Except in case of personal  
 effects, every insurance effected in  
 respect of any goods imported into  
 Ghana shall be placed with an   insurer registered in Ghana. 1),2)None  
- motor vehicle insurance; 
- workmen's compensation  
 insurance; 
- health insurance.  3) At least 40 per cent of the capital or  
 other proprietary interest in the  
 insurance business shall be owned  
 by a Ghanaian national;  and foreign   partners are allowed to hold  
 management control of local  
 insurance firms. 3) None  
(c) Reinsurance business in  
 relation to any or all the   insurance businesses listed  
 above. 
 4) Unbound except as indicated under  
 horizontal measures.  4) Unbound except as indicated under  
 horizontal measures.   
  
 S/DCS/W/GHA 
Page 8 Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
A. Banking and Other  
 Financial Services  
    
(a) Acceptance of deposits. 
(b) Credit facilities. 
(c) Financial leasing. (d) Payments services. 
(e) Guarantees and  
 commitments. (f) Trading in money and  
 capital  
 market instruments. (g) Other non-banking  
 financial  
 services.  1) None 
2) None 
3) None, except for a licensing  
 requirement based on prudential 
 requirements. 
  
4) Unbound except as indicated under  
 horizontal measures  
 1) None 
2) None 
3) Government support may be extended   for companies locating in rural areas.  A  
 higher paid-up capital is required of  
 foreign service suppliers compared to   domestic service suppliers. 
4) Unbound except as indicated under  
 horizontal measures   
 
9. TOURISM AND TRAVEL  
 RELATED SERVICES     
A. Hotel and Restaurants  
 (CPC 641-643) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
  
 
B. Travel Agencies and Tour  
 Operators  
 (CPC 7471) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
 
 1) None 
2) None 
3) None 
4) Unbound except as indicated under   horizontal measures 
 
  
  
  S/DCS/W/GHA
 Page 9Modes of supply:  (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
11. TRANSPORT  
 SERVICES    
A. Maritime Transport  
 Services     
 (International Transport  
 freight and passengers, less   cabotage transport) 
 (CPC 7211 and 7212 less  
 cabotage transport)  1) Access to only 20 per cent of bulk  
 and liner cargo  
2) None 
3) (a) Establishment of registered    company for the purpose of  
  operating a fleet under the flag of  
  Ghana: unbound  (b) Other forms of commercial  
  presence to undertake locally all  
  activities necessary for the supply to    their customers of a partially or  
  integrated transport service, within  
  which the maritime transport    constitutes a substantial element:  
  none 
4) (a) Ships crew: unbound 
 (b) Key personnel employed in  
  relation to commercial presence as    defined under horizontal measures 
 1) Unbound except with respect to the  
 cargo referred to in the market access   column 
2) None 
3) None  
 
  
 
  
 
  
 
4) Unbound except as indicated under  
 horizontal measures 
   The following 
 services are made  available to 
 international maritime 
 transport suppliers on  reasonable and 
 non-discriminatory 
 conditions:  
1) Pilotage 
2) Towing and tug  assistance 
3) Provisioning, fuelling 
 and watering 4) Garbage collecting  
 and ballast waste  
 disposal   
5) Port Captain's services 
6) Navigation aids 7) Fire fighting and 
 ambulance 
 
 Maritime Auxiliary  
 Services  
    
- Cargo-handling services 
- Storage and warehouse  
 services - Container station and depot  
 services 1) None 
2) None 
3) These services are currently   provided by state monopoly.  
 Privatization is envisaged within  
 five to seven years.  1) None 
2) None 
3) These services are currently provided  
 by state monopoly. Privatization is  
 envisaged within five to seven years.  
 
 4) Unbound except as indicated under  
 horizontal measures 4) Unbound except as indicated under  
 horizontal measures  
 S/DCS/W/GHA 
Page 10 
 
 
 ATTACHMENT: ADDITIONAL COMMITMENTS 
 Scope
 
 
The following are definitions and principl es on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 
Users  mean service consumers and service suppliers.   
 
Essential facilities  mean facilities of a public telecommunications transport network or service 
that  
  (a) are exclusively or predominantly provided  by a single or limited number of suppliers;  
   and    (b) cannot feasibly be economically or technically substituted in order to provide a     service. 
 
A major supplier
 is a supplier which has the ability to materially affect the terms of 
participation (having regard to price and supply) in  the relevant market for basic telecommunications 
services as a result of:    (a) control over essential facilities;  or 
 
  (b) use of its position in the market.  1. Competitive safeguards
 
 
1.1 Prevention of anti-competitive practices in telecommunications  
 
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 
1.2 Safeguards  
 
The anti-competitive practices referred to above shall include in particular: 
   (a) engaging in anti-competitive cross-subsidization;    
  (b) using information obtained from comp etitors with anti-competitive results;  and 
   (c) not making available to other services suppliers on a timely basis technical 
 information about essential facilities and co mmercially relevant information which 
 are necessary for them to provide services.  
 
2. Interconnection
 
 2.1 This section applies to linking with supplier s providing public telecommunications transport  
networks or services in order to allow the users of one supplier to communicate with users of another  
supplier and  to access services provided by anothe r supplier, where specific commitments are  
undertaken.  S/DCS/W/GHA 
 Page 11 
 
 
  
2.2 Interconnection to be ensured  
 
Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interconnection is provided.    (a) under non-discriminatory terms, cond itions (including technical standards and 
 specifications) and rates and of a quality no less favourable than that provided for its 
 own like services or for like services of non-affiliated service suppliers or for its 
 subsidiaries or other affiliates; 
   (b) in a timely fashion, on terms, conditions (including technical standards and 
 specifications) and cost-oriented rates that are transparent, reasonable, having regard 
 to economic feasibility, and sufficiently unb undled so that the supplier need not pay 
 for network components or facilities that it does not require for the service to be 
 provided;  and 
   (c) upon request, at points in addition to th e network termination points offered to the 
 majority of users, subject to charges that reflect the cost of construction of necessary 
 additional facilities. 
 2.3 Public availability of the pro cedures for interconnection negotiations
 
 
The procedures applicable for interconnecti on to a major supplier will be made publicly 
available. 
 
2.4  Transparency of interconnection arrangements  
 
It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer. 
 
2.5 Interconnection:  dispute settlement  
 
A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 
  (a) at any time; or 
  (b) after a reasonable period of time whic h has been made publicly known to an  
   independent domestic body, which may be a regulatory body as referred to in  
   paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and 
   rates for interconnection within a reasonabl e period of time, to the extent that these 
   have not been established previously. 
 
3. Universal service  
 
Any Member has the right to define the kind of universal service obligation it wishes to 
maintain.  Such obligations will not be regard ed as anti-competitive per se, provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.          
 S/DCS/W/GHA 
Page 12 
 
 
  
 4. Public availability of licensing criteria
 
 
Where a licence is required, the following will be made publicly available: 
   (a) all the licensing criteria and the period of time normally required to reach a decision 
   concerning an application for a licence and 
 
  (b) the terms and conditions of  individual licences.  
The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5.  Independent regulators
 
 
The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.  
6. Allocation and use of scarce resources
 
 
Any procedures for the allocation and use of s carce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required. 
 
 
__________ 