PETROLEUM COMMISSION – PC

PETROLEUM COMMISSION – PC

Our Regulator for today is the Petroleum Commission (the “Commission”). PC was established in 2011 under the Petroleum Commission Act, 2011 (Act 821) and is in charge of the following:

  1. Granting licenses and permits for petroleum exploration, development, and production activities in Ghana.
  2. Regulating the operations of petroleum companies to ensure compliance with the laws, regulations, and industry best practices. .
  3. Promoting local participation and content in the petroleum sector.
  4. Engaging with stakeholders, including petroleum companies, government agencies and local communities.

The Commission plays a crucial role in the sustainable development of Ghana’s petroleum resources by regulating the industry.

Postal and Courier Services Regulatory Commission – PCSRC

Postal and Courier Services Regulatory Commission – PCSRC

Our Regulator for today is the Postal and Courier Services Regulatory Commission (“PCSRC”). PCSRC is governed by the Postal and Courier Services Regulatory Commission Act 2003 (Act 649) (the “Act”) and it is responsible for regulating Postal and courier services in Ghana.
The industries that are required to register with PCSRC are as follows:

  • Postal Services (i.e Ghana post)
  • Courier Services operating in Ghana ( Such as DHL, FedEX, UPS etc)
  • Delivery Companies ( i.e food and goods delivery companies)

The PCSRC is mandated by the Act to register the above industries and they cannot commence business unless they have been granted a licence for that purpose. There are two licensing categories granted by the PCSRC; international and domestic and the PCSRC upon granting a license shall determine the duration of the license.
Failure to register with and obtain a licence from the PCSRC before commencing business is an offence punishable by a term of imprisonment of not more than one year or a fine of at most GHS 3,000 or both.
It is important to note that Ghana post has the exclusive right to provide certain postal services and this includes printing and selling of postage and commemorative stamps.

 

National Pensions Regulatory Authority – NPRA

National Pensions Regulatory Authority – NPRA

Our Regulator for today is the National Pensions Regulatory Authority (“NPRA”). NPRA is governed by the National Pensions Act 2008 (Act 766) as amended (the “Act”) and it is responsible for regulating both private and public pension schemes in Ghana. The Act creates a three tier pension scheme; the first two are mandatory and the last tier is optional.
The entities that are required to register with NPRA are as follows:

  • Public Pension Schemes (i.e. the Social Security and National Insurance Trust Scheme);
  • Private Pension Schemes (which include Trustees of pension funds, Pension fund managers and Pension fund custodians).

The NPRA is mandated by the Act to register and issue a certificate to the above pension schemes and all employers are mandated to pay 13.5% of their employees’ salaries as a tier one pension contribution and 5.5% of their employees’ salaries as a tier two pension contribution on behalf of and for the benefit of their employees.
Also, a person cannot practice as a pension fund manager or custodian unless that person has registered with the NPRA. A trustee, pension fund manager or a custodian who fails to register with the NPRA commits an offence punishable by a fine of at least GHS24,000 or a term of imprisonment of not more than two years or to both.
It is important to note that employees are also required to register with the Pension Schemes in order for employers to make the mandatory deductions. The minimum age at which a person may join the pensions scheme is fifteen years and the maximum age is forty-five years.

National Petroleum Authority – NPA

National Petroleum Authority – NPA

Our Regulator for today is the National Petroleum Authority (“NPA”). NPA is governed by the National Petroleum Authority Act 2005 (Act 691) (the “Act”) and it is responsible for regulating, overseeing and monitoring activities in the downstream petroleum industry.
The industries that are required to register with NPA are all downstream petroleum companies who operate any of the following activities:

  • Importation of petroleum products
  • Exportation of petroleum products
  • Processing and Refining of petroleum products
  • Storage and distribution of petroleum Products
  • Marketing and sale of petroleum products
  • Bulk transportation of petroleum products

These petroleum products include crude oil, gasoline, diesel, liquefied petroleum gas and kerosene. The NPA is mandated by the Act to register the above industries and they cannot commence business unless they have been granted a licence for that purpose. The licence is valid for the period specified on it and may be renewed upon satisfying all the conditions for renewal.
Failure to register with and obtain a licence from the NPA before commencing business is an offence punishable by a term of imprisonment of not more than 10 years or a fine of at least GHS 600,000 or both.
It is important to note that the Act also regulates the pricing of petroleum and petroleum products and a petroleum service provider can not go above the prescribed petroleum pricing .

National Labour Commission – NLC

National Labour Commission – NLC

Our Regulator for today is the National Labour Commission (“NLC”). NLC is governed by the National Labour Commission 2003 (Act 651) and the National Labour Commission Regulations 2006 (L.I I822) (the “Laws”) and it is responsible for regulating employers, employees and trade Unions in Ghana.
The institutions that are required to register with NLC are as follows:
Trade Unions; and
Employee organisations;

The NLC is mandated by the Laws to register and licence the above institutions and all trade unions and employee organisations must register with and obtain a licence from the Chief Labour Officer before they can commence operations. Failure to meet the requirements of the NLC before commencing operations is an offence punishable by a term of imprisonment or a fine or both.
It is important to note that all employers are required to comply with the regulations of the Laws and shall not employ a minor on any work unless a medical practitioner has certified that the minor is in good health and medically fit for the work.