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Beneficial Ownership

Parliament

Action

Review the Companies Act to include mandatory public beneficial ownership information and central register for all sectors

Public Procurement

Public Procument Authority

Action

Ghana adopts new initiative to improving transparency and openness in the area of public contracting through the E-Procurement system. Ghana to set up a due diligence and value for money unit at the PPA.

The new Public Procurement Act 2016 Act 914 provides that data from planning through to the award stage by public entities be submitted to PPA online through the Public Procurement and Planning Software. The PPA then puts up information on tender publications and awards including names of winning companies and the contract sum on the PPA website under the section "General opportunities" for the general public to monitor the process and even follow up at the registrar's department to know the owners behind winnig companies.

On 17th March, 2017, the Vice President of Ghana Mahamadu Bawumia paid a surprise visit to the Public Procurement Authority and announced the establishment of a due diligence and value for money unit to scrutinize every procurement. The process is already underway with a committee set up to put together modalities for the unit. The board is yet to decide on the way forward by the end of the March, 2017.

Finally, the PPA makes available on their website the list of debar and blacklisted service providers. However, the link only take one to the World Bank Listing of Ineligible Firms & Individuals. PPA has not blacklisted any service provider because individual entites fail to supply PPA with information about corrupt providers. The experience of Kenya may be a guideline for Ghana PPA to debar corrupt service providers. In Kenya a Public Entity that becomes aware of a conduct that may lead to a debarment may request the Director General to debar a supplier. Similarly, any member of the public who becomes aware of any conduct that may lead to debarment may also lodge a request for a debarment. Investigative agency may also request the Director General to debar a supplier based on findings of investigations.

Ghana is committed to exploring further options for improving transparency and openness in the area of public contracting and will continue to blacklist and debar service providers and contractors who engage in corrupt and other related misconduct in public procurement as of March 2018.

On 13th July, 2018 when GII engaged with the PA on Ghana’s Commitment on making Public Procurement more transparent and also blacklist companies and suppliers know to have engaged in procurement infractions, the PPA responded that “ Provisions for the debarment of Suppliers are sufficiently provided in Section 22(A) of the Public Procurement Act, 2003 (Act 663) as amended. PPA's website is also available for publication as and when the need arises. Upon completion and passage of the Regulations to the law, more guidelines will be issued to ensure a more effective implementation

Public Procurement

Public Procument Authority

Action

Open Contracting Data Standards are stremlined for high value contracts and contracts in the oil, gas and mining sector through the E- Procurement system.

The current procurement system provide for some level of information online yet it does not meet the Open Contracting Data standard. The new Public Procurement Act 2016 act 914 (section 321 as amended) provides that data from planning through to the award stage by public entities be submitted to PPA online through the Public Procurement and Planning Software. Some information from this PPP software as well as tender publications and awards are made available on the PPA website called "General opportunities" for the general public to know what the government will like to procure during the year.

As of March 2018, working towards making government public procurement ‘open by default’ – beginning with Open Contracting Data Standards for high-value contracts and contracts in the oil, gas and mining sector.

On the Commitment to make government procurement open by default, PPA responded to a request for an update made to them on 13th July, 2018 that, the PPA will have an electronic procurement and electronic procurement planning fully functional by the last quarter of 2018. As part of the development, the PPA has approached Open Contracting Partnership for guidance on the publication of Award of Contracts in accordance with OCDS and is in the process of completing the standard policy document which will support the publication of these contracts.

It is however instructive to note that, this will cover public procurement using public funds and not necessarily for contracts/concessions in the Oil and Gas sector which may not involve government contracts. The electronic procurement planning is already on the website, Suppliers Registration is also already life online. This is going to provide a centralised suppliers pool .

In 2017 the Authority established a value for money and due diligence units to determine or otherwise of the justifications provided by entities in their application for sole sourcing and restricted tendering as they relate to the appropriate provisions of sections 40 (1 & 2), 30 (a & b) of the PPA Act 663 as amended. As a result is initiative, the country has saved GHC553m.

Whistleblower/Civil Society Space Protection

Parliament

Action

Ghana pass amended whistleblower protection bill and provide adequate resourses for the implementation of NACAP

Ghana Anti-Corruption Pledge Tracker

The Ghana Anti-Corruption Pledge Tracker monitors the progress of the commitments made by the Government of Ghana at the 2016 Anti-Corruption Summit held in London, United Kingdom. Scroll down to see whether the Government’s words have turned into action.

Pledge statuses

Beneficial Ownership

Public Procurement

Public Procurement

Whistleblower/Civil Society Space Protection