G/ADP/N/1/GHA/2  
G/SCM/N/1/GHA/2  
G/SG/N/1/GHA/2  
 
16 December 2019  
(19-8647) Page: 1/22 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS UND ER  
ARTICLE S 18.5, 32.6 AND 12.6  OF THE RELEVANT AGR EEMENT S 
GHANA 
The following communication, dated 10 December 2019, is being circulated at the request of the 
delegation of Ghana . 
_______________  
 
GHANA INTERNATIONAL TRADE COMMISSION ACT , 2016  ACT 926  
ARRANGEMENT OF SECTI ONS 
Section  
ESTABLISHMENT OF THE  GHANA INTERNATIONAL  TRADE COMMISSIO N 
1.  Establishment of the Commission  
2.  Objects of the Commission  
3.  Functions of the Commission  
4.  Independence of the Commission  
5.  Ministerial directives  
GOVERNANCE OF THE CO MMISSION  
6.  Governing body of the Commission  
7.  Duties and liabilities of a member of the Board  
8.  Tenure of office of members of the Board  
9.  Meetings of the Board  
10.  Disclosure of interest  
11.  Establishment of committees of the Board  
12.  Allowances  
ADMINISTRATIVE AND F INANCIAL MATTERS  
13.  Secretariat of the Commission  
14.  Appointment of the Executive Secretary  
15.  Functions of  the Executive Secretary  
16.  Appointment of other staff 
17.  Funds of the Commission  
18.  Bank account  
19.  Expenses of the Commission  
20.  Accounts and audit  
21.  Annual report and other reports  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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  SPECIAL IMPORT MEASU RES 
22.  Special import measures  
23.  Conduct of investigations for imposition of special import measures  
SAFEGUARD MEASURES  
24.  Imposition of safeguard measures  
25.  Conduct of investigations for imposition of safeguard measures  
26.  Duration of safeguard measures  
27.  Notice to World Trade Organisation  
COUNTERVAILING DUTIE S 
28.  Imposition of countervailing measures  
29.  Conduct of investigations for imposition of countervailing duty  
30.  Duration of countervailing  
ANTIDUMPING DUTIES  
31.  Imposition of anti -dumping duty  
32.  Conduct of investigations for imposition of antidumping  duty 
33.  Duration of anti -dumping duty  
TARIFF PETITIONS AND  CUSTOMS VALUATION O F IMPORTED GOODS  
34.  Petition for review of tariff  
35.  Review of tariff petition  
SETTLEMENT OF DISPUT ES 
36.  Power of Commission  
37.  Submission of complaint  
38.  Interim order of Commission  
39.  Notices and decisions of the Commission  
40.  Non-liability for payment of penalty  
CONDUCT OF INVESTIGA TIONS AND PR OCEEDINGS  
41.  Investigations  
42.  Conduct of proceedings  
43.  Review of decision  
44.  Enforcement of decision of the Commission  
45.  Cease and desist order  
46.  Immunity of members of Commission  
47.  Collaboration with authoriti es 
48.  Disclosure of confidential information  
49.  Request for information by Commission  
50.  Publications of decisions and notices  
MISCELLANEOUS PROVIS IONS  
51.  Offenses and penalties  
52.  Regulations  
53.  Modification  
54.  Interpretation  
  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 THE NINE HUNDRED AND  TWENTY -SIXTH ACT  
OF THE PARLI AMENT OF THE REPUBL IC OF GHANA  ENTITLED  
GHANA INTERNATIONAL TRADE COMMISSION ACT , 2016  
AN ACT to establish the Ghana International Trade Commission to provide for the regulation 
of the international trade of Ghana in conformity with the rules and regulations of the world 
trade system and to provide for related matters.  
DATE OF ASSENT: 14th September, 2016  
Passed by Parliament and assented to by the President:  
ESTABLISHMENT OF THE  GHANA INTERNATIONAL  TRADE C OMMISSION  
1  ESTABLISHMENT OF THE  COMMISSION  
1.  There is establishment by this Act a body corporate with perpetual succession to be  known as 
the Ghana International Trade Commission.  
2.  For the performance of its functions, the Commission may acquire and hold movab le and 
immovable property, dispose of property and enter into a contract or any transaction relating to 
the objects of the Commission.  
3.  Where there is a hindrance to the acquisition of property, the property may be acquired for 
the Commission under the Stat e Lands Act, 1962 (Act 125) and the cost shall be borne by the 
Commission.  
2  OBJECTS OF THE COMMI SSION  
1.  The objects of the Commission are to  
a. oversee the compliance of Ghana with international trade rules and regulations;  
b. ensure fairness, efficiency, transpare ncy and objectivity in the application of measures 
affecting international trade and the use of wor ld trade measures;  
c. ensure fair competition for persons engaged in domestic production and international 
trade; and  
d. protect the domestic market from the impact of unfair trade practices in the course of 
international trade . 
2.  In furtherance of the objects specified in subsection (1), the Commission shall be guided by 
the treaty provisions of the World Trade Organisation and the general principles of international 
trade law.  
3    FUNCTIONS OF THE C OMMISSION  
1.  To achieve the objects,  the Commission shall  
a. monitor and review the pattern of Ghana's international trade and advise the Minister on 
matters affecting trade and industry;  
b. study, identify and recommend to the Minister tariff levels for specific sectors of the 
economy with due re gard to the effective rate of protection;  
c. conduct studies and publish reports on the competitiveness of Ghana's tariff structure and 
the impact of the tariff structure on domestic industry, market access opportunities and 
challenges in relation to exports from Ghana;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 d. provide analytical support and advi ce to the Minister on proposals for trade -related 
legislation;  
e. advise the Minister on the preparation of documentation for and the negotiating position 
of the Government of Ghana during international trade neg otiations;  
f. monitor and advise the Minister on Ghana's compliance with its bilateral and multilateral 
treaty obligations in the area of international trade;  
g. enquire into and determine complaints brought before the Commission in relation to  
i. safeguard measure s; 
ii. the subsidisation of imported products by foreign governments;  
iii. the dumping of imported products into the domestic market;  
iv. tariff adjustments; and  
v. any other measure which affects fair trade determined by the Minister;  
h. settle disputes between importers an d the Customs Division of the Ghana Revenue 
Authority in respect of the classification and valuation of products that are imported; and  
i. perform any other function that is necessary for the attainment of the objects of the 
Commission  
2.  In the performance of t he functions, the Commission shal l 
a. ensure that the Commission is objective and fair; and  
b. seek to balance the competing interest of  persons  
i. that appear before the Commission; and  
ii. indirectly affected by the decisions and actions of the Commission.  
4  INDEPENDENCE OF THE COMMISSION  
Except as otherwise provided in the Constitution or by any other law not inconsistent with the 
Constitution, the Commission is not subject to the direction or control of a person or an authority 
in the performance of the func tions of the Commission.  
5  MINISTERIAL DIRECTIV ES 
1.  The Minister may give directives in writing to the Commission on matters of policy other than 
matters under adjudication.  
2.  The directives shall be consistent with the objects of this Act.  
GOVERNANCE OF THE CO MMISSION  
6  GOVERNING BODY OF TH E COMMISSION  
1.  The governing body of the Commission is a Board consisting of  
a. a chairperson who is a retired Justice of the Superior Court of Judicature or a person 
qualified to be appointed as a Justice of the  Superior Court of Ju dicature;  
b. one deputy chairperson; and  
c. three other persons at least one of whom is a woman.  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 2.  The members of the Board shall be appointed by the President in accordance with article  70 
of the Constitution.  
3.  The President shall in making appointments under this  section consider the knowledge and 
expertise of the persons and in particular the knowledge of a person in the discipline of economics, 
accounting, international trade law, international marketing and distribution of goods and 
service s or experience in in dustry.  
4.  The Board shall ensure the proper and effective performance of the function of the 
Commission.  
5.  The Executive Secretary shall be the secretary to the Governing Board.  
7  DUTIES AND LIABILITI ES OF A MEMBER OF TH E BOARD  
1.  A member of the Board has the same  fiduciary relationship with the Commission and the same 
duty to act with loyalty and in good faith as a director of a company incorporated under the 
Companies Act, 1963 (Act 179).  
2.  Without limiting subsection (1), a member of the Board shall not  
a. engage in a conduct or an activity that may undermine the  integrity, independence and 
impartiality of the Commission;  
b. be a party to an investigation, hearing , or proceeding concerning a matter in respect of 
which  the member has  an interest;  
c. make private use of, or profit from any confidential business information obtained as a 
result of the performance of  the duties of the member; or  
d. make improper use of information acquired by virtue of the position of the member as a 
member of the Board so as to gain, directly or indirectly, a benefit for the member to the 
detriment of the Commission.  
3.  A member of the Board shall, prior to the taking of office, declare and file with the Commission 
a disclosure statement containing information relating to the past employment and busi ness 
affiliation of the member.  
4.  A member of the Board who contravenes this section ceases to be a member of the Board.  
8  TENURE OF OFFICE OF MEMBERS OF THE BOARD  
1.  A member of the Board shall hold office for a period not exceeding five years and is eligible 
for re-appointment for another term only.  
2.  A member of the Board may at any time resign from office in writing addressed to the 
President through the Minister.  
3.  A member of the Board who is absent from three consecutive meetings without sufficient 
cause ceases  to be a member of the Board.  
4.  The President may, by letter addressed to a member, revoke the appointment of that member.  
5.  Where a member of the Board is, for a sufficient reason, unable to act as a member, the 
Minister shall determine whether the inability would result in the declaration of a vacancy  
6.  Where there is vacancy  
a. under subsection (2) or (3), section 7(4) or section 10 (2);  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 b. as a result of a declaration under subsection (5); or  
c. by reason of the death of a member,  
the Minister shall notify the President of the vacancy and the President shall appoint a person 
to fill the vacancy.  
9  MEETING OF THE BOARD  
1.  The Board shall meet at least once every three months for the d espatch of business at the 
time and in the places determined by the chairperson.  
2.  The chairperson shall at the request in writing of not less than one -third of the membership 
of the Board convene an extra -ordinary meeting of the Board at the place and time determined 
by the chairperson.  
3.  The quorum at a meeting of the Board is five members o f the Board or a greater number 
determined by the Board in respect of an important matter.  
4.  The chairperson shall preside at meetings of the Board and in the absence of the chairperson, 
the deputy chairperson shall preside and in the absence of the deputy c hairperson, a member of 
the Board elected by the members present from among their number shall preside.  
5.  Matters before the Board shall be decided by a majority of the members present and voting 
and in the event of an equality of votes, the person presiding  shall have a casting vote.  
6.  The Board may co -opt a person to attend a Board meeting but that person shall not vote on 
a matter for decision at the meeting.  
10  DISCLOSURE OF INTERE ST 
1.  A member of the Board who has an interest in a matter for consideration  
a. shall disclose the nature of the interest and the disclosure shall form part of the record of 
the consideration of the matter; and  
b. shall not participate in the deliberations of the Board in respect of the matter.  
2.  A member ceases to be a membe r of the Board if that member has an interest in a matter 
before the Board an d 
a. fails to disclose th at interest, or  
b. participate s in the deliberations on the matter.  
11  ESTABLISHMENT OF COM MITTEES OF THE BOARD  
1.  The Board may, establish committees consisting of m embers of the Board or non -members 
or both to perform a function of the Board.  
2.  A committee shall be chaired by a member of the Board . 
3.  The Board may assign to a committee a function determined by the Board but a committee 
composed of non -members is advisory  only. 
4.  Section 10 applies to members of committees of the Board.  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 12  ALLOWANCES  
Members of the Board and members of a committee of the Board shall be paid allowances approved 
by the Minister in consultation with the Minister responsible for Finance.  
ADMINISTRA TIVE AND FINANCIAL M ATTERS  
13  SECRETARIAT OF THE C OMMISSION  
1.  The Commission shall have a Secretariat with departments and divisions determined by the 
Board as necessary for the effective performance of the functions of the Commission.  
2.  The Executive Secretary a ppointed under section 14 is the head of the Secretariat.  
14  APPOINTMENT OF EXECU TIVE SECRETARY  
1.  The Commission shall have an Executive Secretary . 
2.  The President shall , in accordance with article 195 of the Constitution, appoint the Executive 
Secretary for the Commission . 
3.  The Executive Secretary shall hold office on the terms and conditions specified in the letter of 
appointment.  
15  FUNCTIONS OF THE EXE CUTIVE SECRETARY  
1.  The Executive Secretary  
a. is responsible for the day to day administration of the Commission and is answerable to 
the Board in the performance of the functions under this Act; and  
b. shall perform any other function determine by the Board . 
2.  The Executive Secretary m ay delegate a function to an officer of the Commission but shall not 
be relieved of the ultimate responsibility for the performance of the delegated function.  
16  APPOINTMENT OF OTHER  STAFF  
1.  The President shall, in accordance with article 195 of the Constitutio n, appoint other staff of 
the Commission that are necessary for the proper and effective performance of the functions of 
the Commission.  
2.  The President may, in writing, delegate the power of appointment in subsection (1) to the 
Board.  
3.  The Commission may eng age the services of a consultant or expert on the recommendation 
of the Board for the effective discharge of its functions.  
4.  Other public officers may be transferred or seconded to the Commission or may otherwise 
give assistance to it.  
17  FUNDS OF THE COMMISS ION 
1.  The funds of the Commission include  
a. moneys approved by Parliament;  
b. fees and charges that accrue to the Commission in the performance of the functions of the 
Commission;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 c. investment income that may accrue to the Commission; and  
d. grants. 
2.  The Commission shal l seek approval in writing from the Minister responsible for Finance before 
investing the funds of the Commission in safe securities.  
18  BANK ACCOUNT  
The moneys for the Commission shall be paid into a bank account opened for that purpose with the 
approval of the Controller and Accountant General.  
19  EXPENSES OF THE COMM ISSION  
1.  The expenses of the Commission shall be paid from moneys provided for the Commission 
under sect ion 17.  
2.  Where there are any excess moneys after the Commission has defrayed its cost and expenses 
in the performance of its functions, the Commission shall transfer that amount to the Consolidated 
Fund unless the Minister for Finance, in consultation with the Minister, otherwise authorises.  
20  ACCOUNTS AND AUDIT  
1.  The Board shall keep books of account s and proper records in the form approved by the 
Auditor -General.  
2.  The Board shall submit the accounts of the Commission to the Auditor -General for audit within 
three months after the end of the financial year.  
3.  The Auditor -General shall, not later than three months, after the receipt of the accounts audit 
the accounts and forward a copy of the audit report to the Minister.  
4.  The financial year of the Commission is the s ame as the financial year of Government.  
21  ANNUAL REPORT AND OT HER REPORTS  
1.  The Board shall within one month after the receipt of the audit report, submit an annual report 
to the Minister covering the activities and operations of the Commission for the year t o which the 
report relates . 
2.  The annual report shall include the report of the Auditor -General.  
3.  The Minister shall, within one month after the receipt of the annual report, submit the report 
to Parliament with a statement that the Minister consider s necessa ry. 
4.  The Board shall submit to the Minister any other report which the Minister may require in 
writing.  
SPECIAL IMPORT MEASU RES 
22  IMPOSITION OF SPECIA L IMPORT MEASURES  
1.  Special import measures that may be imposed under this Act include  
a. safeguard measures;  
b. anti-dumping duties;  
c. countervailing duties; and  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 d. tariff adjustment measures.  
2.  The Commission may impose a special import measure specified in paragraphs (b) and (c) of 
subsection (1)  
a. on receipt of a written complaint filed by a domestic producer or a representative of the 
domestic producer that produces products that are similar or directly competitive with th e 
products that are the subject of the complaint; or  
b. on the initiative of the Commission where the Commission has sufficient evidence to justify 
the imposition of a special import measure in accordance with this Act.  
3.  The Minister may, on the recommendation of the Commission , impose a special import  
measure specified in paragraph s (a) and (d) of subsection (1) where the Commission  
a. receives a written  complaint filed by a domestic producer or a representative of the 
domestic producer that produces products that are similar or directly competitive with the 
products that are the subject of the complaint; or  
b. on the initiative of the Commission has suffici ent evidence to justify the imposition of a 
special import measure in accordance with this Act.  
4.  The Commission shall have the power to  
a. suspend or terminate an investigation initiated for the purpose of imposing a special import 
measure;  
b. impose provisional measures, including anti -dumping and countervailing duties; and  
c. review its own findings and determination relating to the special import measure.  
5.  In the exercise of the powers of the Commission under this section, the Commission shall 
have regard to the ag reements of the World Trade Organisation.  
23  CONDUCT OF INVESTIGA TIONS FOR IMPOSITION  OF SPECIAL IMPORT M EASURES  
1.  For the purposes of imposing a special import measure under section 22 (1), the Commission 
shall first carry out an investigation.  
2.  In the conduct of the investigation of the Commission for the purpose of imposing special 
import measure, the Commission shall provide full opportunity to all interested parties to defend 
their interests.  
SAFEGUARD MEASURES  
24  IMPOSITION OF SAFEGU ARD MEASURES  
1.  The Minister m ay, on the recommendation of the Commission, impose and apply a safeguard 
measure  
a. where products are imported into the country in increased quantities in absolute or relative 
terms to domestic production , and 
b. where conditions exist as to cause serious inju ry or threaten to cause serious injury to a 
domestic producer of like or directly competitive products.  
2.  The Minister may, on the recommendation of the Commission, impose a safeguard measure 
on an imported product irrespective of its source and despite the fact that the Republic may have 
ratified a free trade agreement or economic partnership agreement with a country with a 
substantial supply interest in the product under investigation.  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 3.  Where a delay in the imposition of a safeguard measure will result in irreparable damage to 
a domestic producer or the domestic industry the Minister may, on the recommendation of the 
Commission, impose a provisional safeguard measure in the form of a tari ff increase for a period 
of not more than two hundred days.  
4.  The Minister may impose a safeguard measure in accordance with subsection (3) after a 
preliminary determination by the Commission that there is evidence that increased imports are 
causing or threa tening to cause serious injury to the domestic producer or domestic industry.  
5.  A safeguard measure imposed under this section shall be in the public interest.  
25  CONDUCT OF INVESTIGA TIONS FOR IMPOSITION  OF SAFEGUARD MEASUR ES 
1.  The Commission shall not make a rec ommendation for the imposition of a safeguard measure 
on an imported product unless the Commission has first conducted an investigation in relation to 
that product.  
2.  For the purposes of carrying out an investigation, the Commission shall notify interested 
parties by  
a. publishing a notice of the investigation in the Gazette, and  in a state -owned daily 
newspaper of nationwide circulation;  and 
b. conducting a public hearing to provide the interested parties the opportunity to register 
their views and present evidenc e on the imposition of the safeguard measure.  
3.  The commission shall, in the conduct of investigation under this section, evaluate any factor 
that has a bearing on the situation of the domestic industry including  
a. the rate and amount of the increase in import ed products in absolute and relative terms;  
b. the share of the domestic market ceded to the imported product; and  
c. change in the levels of  
i. sales, 
ii. production , 
iii. productivity , 
iv. capacity utilization , 
v. profit and loss , and 
vi. employment . 
4.  The Minister may, on the recomme ndation of the Commi ssion, impose a safeguard measure 
only if there exists a causal link between the increase of imported products under investigation 
and the serious injury or threat of serious injury to the domestic producer or domestic industry.  
5.  The Commission shall in making a re commendation for the  imposition of a safeguard measure 
take into consideration objective and verifiable evidence.  
6.  Subsection (4) does not apply to injury caused by factors other than increase d imports. 
7.  The Commission shall, on the conclusion  of its investi gation,  publish a report of its findings 
and reasoned conclusions reached on all issues of fact and law in the Gazette.  
26   DURATION OF SAFEGUAR D MEASURES  
1.  The Minister may, on the recommendation of the Commission,  impose a safeguard measure 
for the period required to  
a. prevent or remedy serious injury or threat of serious injury ; and G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 b. facilitate the adjustment of a domestic producer who is or a domestic industry which is 
affected by the importation of the product.  
2.  A safeguard measure imposed under subse ction (1) shall not  exceed a period of ten years 
from the date of imposition.  
27  NOTICE TO WORLD TRAD E ORGANISATION  
1.  The Minister shall, on the recommendation of the Commission , give notice to the Committee 
on Safeguards of the World Trade  Organisation when  
a. the Commission initiates an investigation relating to serious injury or a threat of serious 
injury and the reasons for the investigation;  
b. the Commission makes a finding of serious injury or threat of serious injury caused by 
increased imports; or  
c. the Ministe r takes a decision to impose or extend a safeguard measure.  
2.  For purposes of subsection (1), the Minister shall supply the Committee on Safeguards with 
relevant information including  
a. evidence of serious injury or a threat of serious injury caused by the inc reased imports;  
b. a description of the product involved;  
c. the proposed safeguard measure and the expected duration of the safeguard measure that 
will be imposed; and  
d. a time frame for the progressive liberalisation of the safeguard measure.  
COUNTERVAILING DUTI ES 
28  IMPO SITION OF COUNTERVAILING DU TY 
1.  The Commission shall impose a countervailing duty on products which are imported, where  
the Commission determines that  
a. a countervailing subsidy has been or is being provided in respect of that product, and  
b. the product i s that imported is, through the effects of the subsidy, causing or threatening 
to cause material injury or material retardation of the establishment of a domestic industry 
that produces a product that is like or directly competitive to the product imported . 
2.  For the purposes of this Act, the subsidisation of imported goods shall not be found to be 
threatening to cause or cause a material injury unless the circumstances in which the 
subsidisation is imposed that are likely to cause injury are foreseeable and imminent.  
3.  Where the Commission has made a determination in accordance with subsection (1), the 
Commission shall impose a countervailing duty in an amount equal to the amount of the subsidy 
on the imported goods levied, collected or paid for.  
4.  The Commission shall not impose a countervailing duty unless the Commission determines 
that the subsidy is specific in any of the following ways : 
a. the legislative, regulatory or administrative instrument conferring that subsidy, limits the 
subsid y to the partic ular enterprise within the jurisdiction of the authority that is granting 
the subsidy;  
b. the subsidy is a prohibited subsidy;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 c. there is exclusive use of the subsidy by a limited number of enterprise s; 
d. there is a predominant use of the subsidy by a particular enterprise;  
e. large amount s of the subsidy are granted to a limited  number of enterprise s 
disprop ortionately; and  
f. the manner in which  the granting authority exercises discretion demonstrates that the 
subsidy is not generally available.  
5.  The Commission shall not consider a subsidy as specific, where the conditions for eligibility 
and the amount of the subsidy are  
a. objective;  
b. set out in a l egislative instrument, regulatory or administrative instrument or any other 
public document; and  
c. applied in a manner that does not favour or is not limited to a particular enterprise.  
29  CONDUCT OF INVESTIGA TIONS FOR IMPOSITION S OF COUNTERVAILING DUTY  
1.  The Com mission shall initiate and conduct an investigation in relation to a countervailing duty 
to determine the existence and effect of a subsidy where  
a. a written complaint is filed by or on behalf of a domestic producer or the domestic industry 
that is producing  a like or directly competitive product as the imported products;  or 
b. the Commission has evidence of the existence of a subsidy, material injury and a causal 
link between the imports that are subsidised and the injury that is alleged.  
2.  The Commission shall, prior to the initiation and conduct of the investigation referred to in 
subsection (1), through the Minister, consult the competent authority of the country whose 
product is the subject matter of the investigation with a view to clarifying the situation in  relation 
to 
a. the subsidi sation alleged;  
b. the material injury caused; and  
c. the ca usal link between the product that is subsidi sed and material injury.  
30  DURATION OF COUNTERV AILING DUTY  
1.  The Commission may impose a countervailing duty for the period required to c ounteract the 
subsidi sation which is the cause of the material injury.  
2.  A countervailing duty imposed under subsection (1) shall not exceed five years from the date 
of imposition.  
ANTIDUMPING DUTIES  
31  IMPOSITION OF ANTI -DUMPING DUTY  
1.  The Commission shall impose an anti -dumping duty on a product that is imported where the 
Commission determines that  
a. the product has been dumped due to the fact that the export price of the product is less 
than its normal value in the exporting country, and  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 b. the effect of the du mping of the product is causing or threatening to cause material injury 
to a domestic producer or the domestic industry producing a like or directly competitive 
product or is likely to retard the establishment of a domestic industry.  
2.  For the purposes of th is Act, the dumping of a product shall not be considered to be 
threatening to cause or to cause a material injury unless the circumstances in which the dumping 
would cause injury are reasonably foreseeable and imminent.  
3.  Where the Commission makes a determi nation in accordance with subsection ( 1), the anti -
dumping duty shall be of an amount equal to the margin of dumping being the difference between 
the normal value of the dumped imports and their export price.  
32  CONDUCT OF INVESTIGA TION FOR IMPOSITION OF ANTI DUMPING DUTY  
The Commission shall initiate and conduct an investigation in relation to dumping to determine the 
existence, degree and effect of dumping where  
a. a written complaint is filed by or on behalf of a domestic producer or domestic industry 
producing  a product that is like or directly competitive to the product that is imported;  or 
b. the Commission has sufficient evidence of dumping,  material injury and a causal link 
between the product that is being dumped and the alleged material injury.  
33  DURATION OF A NTIDUMPING DUTY  
1.  The Commission shall impose an anti -dumping duty for the period required to counteract the 
effects of dumping which is the cause of the material injury . 
2.  An anti -dumping duty imposed under subsection (1) shall not exceed five years from the date 
of the imposition.  
TARIFF PETITIONS AND  CUSTOMS VALUATION O F IMPORTED GOODS  
34  PETITION FOR REVIEW OF TARIFF  
1.  A domestic producer or a representative of the domestic industry or a labour association may 
submit a petition in writing to the Commission for  
a. a review of customs duty that affects the production and competitiveness of goods in 
relation to the domestic  producer or domestic industry; or  
b. the grant of a customs duty rebate or drawback so as to enhance its competitiveness.  
2.  The petition shall relate to products  
a. that are imported, and  
b. that are either like or directly competitive or substitutable to the products produced by the 
applicant; or  
c. that are used by the applicant as inputs for the production of other products.  
3.  The Commission shall withi n seven working days of the  receipt of a petition, acknowledge 
receipt.  
4.  The Commission shall on receipt of the petition.  
a. notify the Commissioner -General within seven working days;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 b. initiate and conduct an investigation for the purpose of determining the me rits of the 
petition; and  
c. accord an interested party the opportunity to make representations before the 
Commission.  
35  REVIEW OF TARIFF PET ITION  
1.  For purposes of the review of a tariff petition, the Commission may require the petitioner or 
an interested party to provide information that relates to the substance of the petition.  
2.  The Commission shall  
a. after evaluation of a petition submitted in accordance with section 34(1), approve or reject 
the petition; and  
b. provide a report which sets out the basis for the deci sion of the Commission.  
3.  The Commission shall within a reasonable period after the period referred to in section 34(3) 
and in any event not more than fourteen working days after the Commission has taken a decision 
on the petition, inform the petitioner in w riting of the decision of the Commission and state the 
reasons for the decision.  
SETTLEMENT OF DISPUT ES 
36  POWER OF COMMISSION  
The Commission shall have the power to settle a dispute arising as a result of a classification, 
valuation or origin determination b y the Customs Divisions of the Ghana Revenue Authority or any 
other matter related to international trade.  
37  SUBMISSION OF COMPLA INT 
1.  An importer or representative of an importer of goods which is the subject matter of a dispute 
may lodge a written complaint with the Commission.  
2.  The complaint lodged under subsection (1), shall be deemed to be an initial appeal against 
the final determination of the classification or dutiable value of the goods by the Commissioner -
General.  
3.  The complaint shall be in the prescribed form and be accompanied with the documents and 
fee determined by the Commission.  
4.  The Commissioner -General may contest the claim contained in the complaint of the importer 
and shall file a response to the application within fourteen working days of receipt of the complaint 
in the prescribed manner by the Commission.  
5.  Subject to any other enactment, the settlement of a customs valuation dispute may be by 
procedures under the Alternative Dispute Resolution Act, 2010 (Act 798) or a hearing before the 
Commission.  
38  INTERIM ORDER OF COM MISSION  
1.  The Commission may, before the determination of a dispute under section 36, make an 
interim order in relation to 
a. the clearance of the goods pending the determination of the dispute;  
b. the posting of a bond by the impor ter or a person entitled to clear the products;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 c. the placement of the products in a bonded warehouse pending the determination of the  
dispute; and  
d. the production of documents in relation to the importation of the products.  
2.  Despite subsection (1), the Commis sion may issue any other interim order that it may 
consider necessary in the circumstances of the case.  
3.  An interim order issued in accordance with this section is enforceable against a person to 
whom the order is directed in accordance with section 43.  
39  NOTICES AND DECISIONS O F THE COMMISSION  
1.  The Commission shall within fourteen working days of receipt of the complaint lodged under 
section 37 make a decision.  
2.  The Executive Secretary shall, within seven working days of the decision, inform the parties 
concern ed in writing of the decision of the Commission and state the reasons for the decision.  
3.  The Commissioner may, for the purpose of correcting an obvious error or omission, vary or 
rescind its decision  
a. on its own initiative; or  
b. on application by  
i. the importer or an authorized representative of the importer; or  
ii. the Commissioner - General.  
4.  The Commission shall publish a notice of its decision and the decision of the Commission in 
the Gazette.  
40  NON-LIABILITY FOR PA YMENT OF PENALTY  
A person who imports products which are the subject matter of a dispute or any other person liable 
for the payment of the customs duty in relation to that product is not required to pay a penalty for 
lodging a complaint in relation to the decision of the Commissioner -General i n respect of the value 
of customs duty on the products imported.  
CONDUCT OF INVESTIGA TIONS AND PROCEEDING S 
41  INVESTIGATIONS  
1.  Where a matter is required to be investigated under this Act, the Commission may conduct 
the investigation on  
a. its own initiative;  
b. receipt of an application by a party; or  
c. receipt of a complaint lodged by the affected person.  
2.  Where the investigation is in response to an application or a complaint, the Commission shall 
limit itself to the subject matter of the application or complaint.  
3.  The Commission may refuse or cease to investigate the subject matter of an application or a 
complaint if the Commission is of the opinion that the  
a. application or the complaint is without merit;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 b. application or complaint is not made in good faith;  
c. evidence is n ot sufficient to warrant an investigatio n; or 
d. applicant or complainant requests that the investigation be discontinued.  
4.  For the purposes of conducting an investigation, the Commission may  
a. question a person under oath or affirmation;  
b. require a person to fur nish information relevant to the  investigation in the form prescribed 
by the Commission;  
c. compel a person to produce documents or electrically stored information relevant to the 
investigation;  
d. accept an oral submission from a person whether or not that oral submission is made on 
oath;  
e. enter business premises and conduct a search under warrant on reasonable suspicion that 
information pertaining to an investigation is on the premises; and  
f. subpoena  a witness to appear before the Commission to give  evidence or to be examined.  
5.  A person shall grant the Commission access to documents or electronically stored information 
relevant to an investigation that is in the custody of that person.  
6.  The Commission m ay seek the assistance of the court to enforce the provisions of 
subsection  (4). 
42  CONDUCT OF PROCEEDIN GS 
1.  Subject to subsection (2), the Commission shall hold proceedings in public at a place and time 
to be determined by the Commission.  
2.  The Commission may, where circumstances so require, hold proceedings in private on request 
by a party.  
3.  A party to proceedings before the Commission may appear in person or have legal or other 
representation.  
4.  The Commission shall conduct proceedings expeditious ly as the circumstances of each case 
require.  
5.  The Commission shall regulate proceedings to obtain full disclosure of relevant facts and to 
afford an opportunity for the parties concerned to present the ir cases.  
6.  The commission may issue summons at the initi ative of the Commission or on request by a 
party for  
a. the attendance of a witness; and  
b. the production of document s or electronically stored information.  
7.  The commission shall, at the conclusion of the hearing  
a. record its decision in writing giving reasons for  that decision;  
b. give a writ ten notice to the parties concerned of the decision; and  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 c. publish a notice of the decision in the Gazette.  
8.  A member whose tenure of office ends in the course of a proceeding may, with the permission 
of the chairperson, conclude th e proceeding.  
9.  Subsection (8) does not apply where the tenure of office of a member ends by removal from 
office.  
43  REVIEW OF DECISION  
1.  Where a person is dissatisfied with a decision of the Commission under this Act, that person 
may apply for a judicial review of the final decision, recommendation, order or ruling of the 
Commission in accordance with the High Court (Civil Procedure) Rules, 2004 (C.I.47).  
2.  An application for judicial review of a final decision, recommendation, order or ruling of the 
Commission in a proceeding shall b e made within six months of the date of the decision, 
determination, recommendation, order or ruling.  
44  ENFORCEMENT OF THE D ECISION OF THE COMMI SSION  
For the purpose of enforcing a decision, order or ruling of the Commission under this Ac t, the 
Commission may make an application to the High Court for an order to compel a person to comply 
with the decision, order or ruling of the  Commission.  
45  CEASE AND DESIST ORD ER 
1.  The Commission may issue and serve on an importer, an order directing that i mporter to 
cease and desist from engaging in an action against which a complaint has been lodged with the 
Commission.  
2.  The Commission may vary or revoke a cease and desist order if in the opinion of the 
Commission it is in the public interest.  
3.  The Commission shall notify the importer in writing of  the intention of the Commission to vary 
or revoke a cease or desist order.  
46  IMMUNITY OF MEMBERS OF THE COMMISSION  
A member of the Commission shall enjoy immunity from civil liability for actions taken or om itted to 
be taken in the performance of the functions of the Commission under this Act.  
47  COLLABORATION WITH A UTHORITIES  
1.  The Commission shall collaborate with Government departments and agencies and other 
public authorities in the performance of the function s of the Commission under this Act.  
2.  Despite subsection (1), the Commission shall consult with the Minister responsible for Finance 
in relation to the imposition of duties under this Act.  
3.  For the purposes of subsection (1), a Government Department or agency  shall on request 
made by the Commission  
a. furnish the Commission with relevant documents and electronic information relating to an 
investigation or a hearing; and  
b. assign any of the officers or employees of the Government department or agency to assist 
the C ommission in the performance of the functions of the Commission.  
4.  The Customs Division of the Ghana Revenue Authority shall collect any duty imposed under 
this Act.  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 48  DISCLOSURE OF CONFID ENTIAL INFORMATION  
1.  A party to a proceeding before the Commission may, wh en submitting information to the 
Commission, designate that information as confidential or request the Commission to treat the 
information  as confidential . 
2.  The Commission shall not disclose to a third party information submitted to the Commission 
under sub section (1) unless the Commission has  
a. obtained the consent of the party that submitted the information; or  
b. issued a business information protective order to that third party in respect of such 
information.  
3.  Information submitted under subsection (1) may be disclosed to  
a. an officer or employee of the Commission who is directly involved in carrying out an 
investigation of the matter or proceeding in relation to which the information has been 
submitted;  
b. an officer or employee of the Commission charged with maint aining the administrative 
record of the investigation or proceeding;  
c. a party under a business information protective order; or  
d. a court of competent jurisdiction in the context of a judicial review or application or an 
appeal.  
4.  Where the re is a dispute about  the confidential ity of information submitted or to be submitted 
to the Commission, the Commission shall determine whether  
a. the information is by nature confidential; or  
b. the information should be treated as confidential.  
5.  Where the information has already been submitted to the Commission and designated as 
confidential, the Commission shall not disclose the information until a decision has been taken 
on the confidentiality of the information.  
49  REQUEST FOR INFORMAT ION BY COMMI SSION  
1.  The Commission may, in writing , direct a person who imports, exports, trades or 
manufactures products or who has in the custody of that person information relevant to the 
performance of the functions of the Commission to provide the information with in a specified 
time. 
2.  Where the information will result in a significant cost to the person who is responsible for 
providing the information, the Commission shall pay for the cost of providing the information.  
3.  Despite subsection (2), the Commission shall no t pay for the cost of information which is in 
the custody of or is being providing by a government agency or a private company in which the 
Government of Ghana is a shareholder.  
4.  The Commission may, for the purpose of an investigation involving the special import 
measures under this Act, require  
a. an importer;  
b. a producer;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 c. a manufacture r; or 
d. a seller  
to file with the Commission an affidavit to certify the selling price in Ghanaian currency of products 
imported, produced, fabricated, transform ed or manufactured.  
50  PUBLICATION OF DECIS IONS AND NOTICES  
Where the Commission is required to publish a notice or decision under this Act or the Regulations, 
the Commission shall publish the notice or the decision in the Gazette.  
MISCELLANEOUS PROVIS IONS  
51  OFFENCE S AND PENALTIE S 
1.  A person who  
a. obstructs a member of the Commission, an employee or an authorised agent of the 
Commission from performing a function under this Act , or  
b. refuses to provide information in relation to a matter relevant to the functions of the 
Commission,  
commits an offence and is liable on summary conviction to a fine of not less than two hundred 
and fifty penalty units and not more than five hundred penalty units or to a term of 
imprisonment of not less than one year and not more than two years or to both . 
2.  A person who  
a. makes a false statement or deliberately mislead the Commission, an employee or 
authorised agent of the Commission in the performance of the function s of the 
Commission;  
b. induces a member of the Commission, an employee or an authorised agent of the 
Commission in the course of an investigation or proceeding s, or 
c. disclose s confidential information obtained by the Commission, commits an offence and is 
liable on summary conviction to a fine of not less than five hundred penalty units and not 
more tha n one thousand penalty units or  to a term of imprisonment of not less than two 
years and not more than four  years  or to both.  
3.  A person who  
a. refuses, neglects or fails to pay the amount the Commission imposes as a countervailing 
duty for the period that the Commission determines under section 30,  
b. refuses, neglects or fails to pay the amount the Commission imposes as an anti -dumping 
duty for the period that the Commission determines under sec tion 33, or  
c. refuses, neglects or fails to comply with an order or decision made by the Commission 
other than a decision made under paragraphs (a) and (b),  
commits an offence and is liable on summary conviction to a fine of ten per cent of the duty 
payable  and for each day during which the offence continues, a further fine of one per cent 
interest on the duty payable at the prevailing bank rate.  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 52  REGULATIONS  
The Minister may, in consultation with the Commission, by legislative instrument, make Regulation s 
to 
a. prescribe the manner for the imposition of  
i. safeguard measures ; 
ii. countervailing duties; and  
iii. anti-dumping duties;  
b. prescribe the procedure for the review of tariff petitions;  
c. regulate the conduct of the Commissioner  investigations;  
d. regulate the procedures of the Commission;  
e. prescribe procedures for the submission of complaints; and  
f. provide for any other matter for the effective implementation of this Act.  
53  MODIFICATION  
The provision s of an enactment of relevance to this Act in existence before the commencement of 
this Act shall have effect  subject to the modifications that are necessary to give effect to this Act 
and to the extent that a provision of that enactment is inconsistent with this Act, the provisions of 
this Act shall prevail.  
54  INTERPRETATION  
In this Act, unless the context otherwise requires,  
"business information protection order " means an order by the Commission to the recipient of 
confidential information to restrain the recipient from disclosure of the confidential informati on; 
"Commission " means the Ghana International Trade Commission established under section 1;  
"Commissioner -General " means the person appointed under section 13 of the Ghana Revenue 
Authority A ct, 2009 (Act 791);  
"Committee on Safeguards " means World Trade Organisation Committee on Safeguards establish ed 
under article 13 of the World Trade Organisation Agreement on Safeguards;  
"countervailing subsidy " means a subsidy against which a countervailing duty may be imposed;  
"dispute " means a disagreement arising o ut of a classification, valuation or origin determination by 
the Customs Division of the Ghana Revenue Authority or any other matter related to international 
trade;  
"domestic industry " includes  
a. domestic producers as a whole of like products;  
b. domestic produ cers whose collective production of like products constitutes a major 
proportion of the total domestic production of the like products; and  
c. the category of domestic producers who are not connected to an exporter or importer of 
dump ed or subsidised products ; G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 "dumping " means the introduction of a product into the commerce of another country at less than 
its normal product value in the ordinary course of trade, for the like product when destined for 
consumption in the exporting country;  
"duty" includes a custo ms duty and provisional duty imposed under this Act;  
"enterprise " means an industry, project, undertaking or economic activity or an expansion of that 
industry, undertaking, project or economic activity or any part of that industry undertaking, project 
or economic activity;  
"export price " means the sales price for goods adjusted by deduction of  
a. the costs charges and expenses incurred in preparing the goods for shipment to Ghana 
that are additional to those costs, charges and expenses generally incurred on t he sale of 
like goods for use in the country of export; or  
b. a duty or tax paid by an exporter and other costs, charges or expenses for  the 
transportation of the goods , or for shipment from the country of export to Ghana;  
"free trade agreement " means any agreement entered into between two or more  States for the 
purposes of liberalising trade;  
"importer " means the person who brings products into Ghana;  
"injury " includes a material or serious injury to the domestic industry;  
"like product " means products identical in all respects or product similar in  characteristics;  
"materials injury " means harm which is consequential, material or important;  
"Minister " means the Minister responsible for Trade;  
"product " includes goods;  
"prohibited subsidy " means a subsidy that is granted based on  
a. export performance; or  
b. the use of domestic over a product or service that is imported;  
"safeguard me asures " include  
a. measures taken to protect a specific industry from an unexpected build  up of imports; or  
b. measures  to remedy serious injury to a domestic industry and facilitate  adjustment;  
"serious injury " means a significant overall impairment in the position of a domestic  firm; 
"special import measures " includes  
a. countervailing duties;  
b. anti-dumping duties;  
c. safeguard  measures: and  
d. tariff adjustments;  
"subsidisation " means the process of providing subsidy;  G/ADP/N/1/GHA/2 • G/SCM/N/1/GHA/2 • G/SG/N/1/GHA/2  
 
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 "subsidy " means the financial contribution b y a Government of a country other than Ghana which 
transfers a benefit to a person engaged in the production, manufacture , growth, processing, 
purchase, distribution, transportation, sale, export or import of products; and  
"unfair trade practice " means a business practice that distorts trade and gives an unfair advantage 
to an enterprise in the market place.  
 
Date of Gazette  notification: 22nd September, 2016 . 
 
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