Minerals And Mining (General) Regulations, 2012 (L.I. 2173)
Regulation 2—Procurement of local products
(1) A mine Support Service provider, a holder of a mineral right or a licence to export or deal in
minerals shall procure goods and services with Ghanaian content to the maximum extent possible
and consistent with safety, efficiency and economy.
(2) A mine Support Service provider, a holder of a mineral right or a licence to export or deal in
minerals shall submit to the Commission for approval, a procurement plan in accordance with
sub regulation (1).
(3) The procurement plan shall be submitted within one year of the commencement of these
Regulations or the commencement of that person's operations, whichever is later.
(4) The procurement plan shall be for an initial period of five years, and subsequently for a further
five-year period.
(5) The procurement plan shall include
(a) targets for local procurement covering at least the items specified in the local procurement list as provided for in sub regulation 10;
(b) prospects for local procurement; and
(c) specific support to providers or suppliers as well as other measures to develop the supply of local goods and services, including broadening access to opportunities and technical and financial
assistance.
(6) A person who fails to comply with sub regulation (2) is liable to pay the Commission a penalty of ten thousand United States dollars for each month of the first six months of default and subsequently ten thousand United States dollars for each day that the default continues.
(7) The procurement plan shall be revised annually to take account of the requirements in the local
procurement list.
(8) The holder of a mineral right, a licence to export or deal in minerals or a licenced mine support
services provider shall submit semi-annually, reports on the implementation of the procurement
plan.
(9) A person who fails to comply with sub regulation (8) is liable to pay to the Commission a penalty of ten thousand United States dollars for each month of the first two months of default and
subsequently ten thousand United States dollars for each day that the default continues.
(10) The Commission shall have a local procurement list and specify in the list the goods and services with Ghanaian content which shall be procured in Ghana by the holder of a mineral right, a licence to export or deal in minerals or a person registered to provide mine support services.
(11) A holder of a mineral right, a licence to export or deal in minerals or a person registered to
provide mine support services who fails to comply with sub regulation (10) is liable to pay to the
Commission the full customs import duty in respect of the goods imported and a penalty as provided in the local procurement list.
(12) The Commission shall review the local procurement list annually.
(13) In assessing tenders for goods and services on the local procurement list, where bids are within
two percent of each other by price, the bid containing the highest level of Ghanaian participation in terms of ownership and management by Ghanaians and employment of Ghanaians shall be selected.
(14) A person whose localisation programme has been approved by the Commission under these
Regulations shall submit an annual report to the Commission on or before the thirty-first day of
January each year, showing the level of compliance with the approved programme.
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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