Minerals And Mining (General) Regulations, 2012 (L.I. 2173)
Regulation 1 - ”Recruitment of expatriates and employment and training of Ghanaians(1) An application for a mineral right, a licence to export or deal in minerals or to provide mine
support services under the Act or any Regulations made under the Act shall be accompanied by
particulars of the applicant's proposals with respect to the recruitment of expatriates and
employment and training of Ghanaians.
(2) The particulars to be submitted shall include:
(a) the curriculum vitae of the expatriates;
(b) the positions to be filled by the expatriates and their job descriptions;
(c) the conditions of service of the expatriates, including remuneration, allowances and other
benefits;
(d) the term or duration of the contract of the expatriates;
(e) a statement indicating how the applicant intends to train Ghanaians to replace the expatriates
within a specified time frame, if available; and
(f) the level of compliance with the ratios stipulated in these Regulations.
(3) The particulars shall be submitted:
(a) together with Form One as set out in the First Schedule; and
(b) at intervals of five years after the application has been granted.
(4) An immigration quota shall be granted to a holder of a mineral right under the Act subject to the
approval by the Commission of the proposals submitted under sub regulation (1).
(5) The approved proposals shall form part of the conditions to the mineral right agreement or the
appropriate licence granted under the Act.
(6) The Commission shall not approve an immigration quota or an application to recruit an
expatriate unless the Commission is satisfied that no Ghanaian has the requisite qualification and
experience to occupy the position for which the expatriate is to be recruited.
(7) On the commencement of these Regulations, a holder of a reconnaissance licence or a
prospecting licence shall submit for approval, a programme for recruitment and training of
Ghanaians which shall include:
(a) details of ongoing and planned recruitment and training of Ghanaians to replace expatriates; and
(b) the percentage of expatriate staff relative to the total number of staff and senior staff to be
maintained by a holder of a reconnaissance licence or a prospecting licence as specified in the
Second Schedule.
(8) Where the employment of expatriate skilled labour is critical, a holder of a reconnaissance
licence or a prospecting licence may,
(a) after two years, substitute part or all of the holder’s proportion of expatriate staff allowed in the
technical, supervisory and management category for skilled labour; or
(b) after four years, substitute part or all of the holder’s proportion of staff allowed in the
management category for skilled labour.
(9) On the commencement of these Regulations, a holder of a mining lease shall submit for approval,
a programme for recruitment and training of Ghanaians which shall include:
(a) details of ongoing and planned recruitment and training of Ghanaians to replace expatriates;
(b) the percentage of expatriate staff relative to the total number of senior staff to be maintained by
a holder of a mining lease which is as follows:
(i) for the first three years from the commencement of these Regulations or the
commencement of mining operations, whichever is later, the percentage shall not exceed
ten percent; and
(ii) after the third year of the commencement of these Regulations or the commencement of
mining operations, whichever is later, the percentage shall not exceed six percent.
(10) An expatriate shall not be employed in an unskilled or clerical position.
(11) Where the application of the percentages specified in sub regulation (9) results in
(a) the holder of a mining lease being entitled to employ less than three expatriates, the Commission
may permit the holder of a mining lease to employ three expatriates; or
(b) a fraction, the next whole number shall be the number of expatriates to be employed.
(12) On the commencement of these Regulations, a person registered to provide mine support
services or licensed to export or deal in minerals shall:
(a) submit for approval a programme for training and recruitment of Ghanaians which shall include
details of ongoing and planned training and recruitment of Ghanaians to replace expatriates; and
(b) maintain expatriate staff as specified in the Second Schedule.
(13) Subject to paragraph (b) of sub regulation (12), unskilled labour, skilled labour, and clerical
positions shall be reserved for Ghanaians.
(14) Where the employment of expatriate skilled labour is critical for the purposes of training
Ghanaian personnel, a mine support service provider or a holder of a licence to export or deal in
minerals may substitute part of the proportion of expatriate staff allowed as specified in the Second
Schedule with the required skilled labour.
(15) A person who does not comply with the localisation programme approved under these
Regulations is liable to pay to the Commission a penalty of one year's gross salary of the expatriate
involved for each month or part of each month that the expatriate worked.
(16) The penalty shall be paid into an account to be established by the Commission for training of
Ghanaians for employment in the mining sector.
(17) The payment of the penalty shall not prejudice any other actions that may be taken against the
person or the expatriate involved under any other law;
(18) The Commission may approve the employment of additional expatriates in exceptional
circumstances upon consideration of justification submitted by the applicant, including
(a) where specialised technology would be used;
(b) where training of Ghanaians being carried out would require a longer period than the transition
period;
(c) where a special project including a new mine development, expansion or rehabilitation is to be
undertaken, provided that the duration of the project does not exceed three years; or
(d) where Ghanaians are transferred to work as expatriates in the company's operations in other
countries.
(19) Where prospecting operations are being carried out on five or more prospecting licences and a corporate office is maintained separately from the exploration site offices, a maximum of two
additional expatriates may be employed in the corporate office.
(20) Where mining operations are being carried out on two or more mining leases and a corporate
office is maintained separately from the mine offices, a maximum of two additional expatriates may be employed in the corporate office.
Procedure to Follow
A list of 8 products have been identified (Lime, grinding media, HDPE and PVC pipes, cement and cement products, tyre-retreading, general and special lubricants, explosives and caustic soda)
Conditional on plan for training and employment of staff
Not available except in small-scale mining which is reserved for nationals
Firms must apply for an immigration quota for expatriates, with the ability to adjust the quota in certain circumstance
Procurement bids for goods or services with highest level of Ghanaian participation to be given preference, where bids are within 2% of each other on price
Firms must submit training place in view of replacement of expatriate staff.
Firms must state how they intend to train Ghanaians to replace expatriates within a specified time-frame if available
Firms with an approved localization programme must submit an annual report to the Commission showing the level of compliance with the program. Firms must submit reports semi-annually on the implementation of the procurement plan.
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Responsible Institution
36 Second Cantonments Cl, Accra
- Email:
- Website: https://www.mincom.gov.gh/
- GPS: GA-110-0371
- Telephone: 030 277 1318
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