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IMPACT – HIGH
The government has taken steps to mitigate the spread of the COVID-19 virus, including entry bans and quarantine.
Key Points:
Additional information: Travelers from the following countries may be affected by this travel advisory: Australia, Austria, Bahrain, Belgium, Brazil, Canada, China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iran, Ireland, Israel, Italy, Japan, Malaysia, Netherlands, Norway, Portugal, Qatar, Singapore, Slovenia, South Korea, Spain, Sweden, Switzerland, U.K., USA.
Analysis & Comments: These measures represent Ghana’s first significant action in response to the COVID-19 pandemic. Although in-country processing of work and residence permits is not affected at this time, employers should anticipate further restrictions and disruptions to employee mobility and government services. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – MEDIUM
What is the reminder? Companies must submit Annual Returns for foreign workers by Jan. 14 to avoid penalties.
Background: Companies in Ghana must submit an Annual Return to the Director of Immigration no later than Jan. 14, providing the names and addresses of all foreign workers who are employed as of Jan. 1. Companies that fail to file the annual returns face fines of 1,000 Ghana cedis (about US$225), and individuals face fines of 200 Ghana cedis. If fines are not paid within seven days, companies and individuals may be subject to criminal prosecution and additional monetary penalties.
Analysis & Comments: Employers are reminded not to delay filing their Annual Returns and to file them no later than Jan. 14.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Ghanaian officials are only accepting non-citizen ID card renewal applications after the expiration of an applicant’s old card.
What does the change mean? Applicants must wait until their old non-citizen ID cards (Ghana cards) expire before submitting a renewal application. The change could have consequences on the timing of immigration filings, including residence permit renewals.
Background: National ID cards are used for a number of immigration services, including residence permit renewal. They are also used for opening bank accounts, obtaining driver licenses and other services. Earlier this year, Ghana switched to a new type of ID card that includes a data microchip. The change initially delayed card issuance significantly, though processing times have improved in recent weeks.
Analysis & Comments: While processing times have improved, national ID card applicants should note that non-citizen ID cards can only be renewed after the expiration of their old card. This could impede the ability to receive services for which a valid non-citizen ID card is required.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? The Petroleum Commission has extended the deadline for some oil and gas companies to file their 2019 local content documentation requirements, including succession, employment and training plans.
What does the change mean? Only companies that were not on the list of those that were contacted by the commission’s original notification on Feb. 14 will be granted an extension of the deadline until March 10.
Background: Oil and gas companies are required to file annual local content forms that demonstrate their efforts to hire and train Ghanaian workers, as well as file quarterly assessments of their training programs. The 2019 local content document requirements include succession, employment and training forms.
The succession form requires information such as localization periods, foreign workers’ job descriptions and the names of local employees who take over job roles. The training plan requires a description of the budget, the identified skills and competence gaps to be filled and training sessions for local employees who need to match their skills with those of foreign nationals for job handovers. The recruitment and employment plan outlines the organization’s recruitment plans. The quarterly progress assessment form tracks the progress of the company’s training plan. Employers may obtain these forms from their immigration providers.
Analysis & Comments: Companies in the oil and gas sector who have not completed and submitted all required forms should do so as soon as possible. Companies who were not notified by the commission on Feb. 14 now have until March 10.
What is the compliance reminder? Ghana’s Petroleum Commission is requesting that all companies in the oil and gas sector submit a succession, employment and training plan by Thursday, Feb. 28, as part of their 2019 local content documentation requirements.
Background: Ghanaian authorities continue to focus on protecting and developing the local workforce through rules that encourage companies to hire and train Ghanaians and adopt succession plans to transfer skills to local workers. Succession plans, which are documents outlining how the skills and duties performed by foreign employees will be transferred to local employees, have become prevalent in sub-Saharan African countries. They are used by employers alongside a training plan that gives local employees hands-on experience during the period when foreign nationals are performing the work.
Analysis & Comments: Employers should submit the forms by the end of the month to avoid noncompliance and monetary penalties.
What is the change? Ghana has introduced a nationwide digital addressing system that foreign nationals must use to apply for or renew non-citizen ID cards.
What does the change mean? Foreign nationals seeking a new or renewed non-citizen ID card must provide a digital address of their local residence by downloading the Ghana Post GPS app on a mobile device.
Analysis & Comments: To avoid delays in receiving their non-citizen ID card or conducting local transactions, foreign nationals should be aware of the new digital address system and verify their digital address via the mobile app as soon as possible.
What is the change? Ghana’s Petroleum Commission has said that it is conducting inspections of upstream oil and gas companies in the western region of the country.
What does the change mean? Upstream oil and gas companies in the western region, whether foreign or locally owned, should prepare for inspections as soon as this week. The Petroleum Commission said inspectors may wish to review hard-copy documents and focus on a number of areas, including contracts and procurement activities, work permits, succession planning, training, and the participation of local partners in company activities.
Background: The Petroleum Commission contacted companies operating in the oil and gas sector last week, saying it planned to increase inspections in the western region of the country’s upstream oil and gas industry. Inspections are already underway and are expected to continue at least through the end of the week. The commission said inspectors would visit both foreign-owned companies and their locally owned partners.
Inspections could focus on any number of areas, including: contracts and procurement activities; work permits, succession planning, localization and training; technology transfers from foreign companies to local partners; participation of local partners in the execution of contracts; research and development; financial and banking services; insurance policies; health and safety requirements; and operational performance.
BAL Analysis: The Petroleum Commission has grown increasingly strict in enforcing its immigration laws, as indicated both by the current inspections and notice provided to companies earlier this year that they must strictly comply with rules to develop succession plans for jobs held by foreign nationals. Companies in the upstream oil and gas industry, especially in the western region, should prepare for the likelihood of increased compliance activity in the near future.
This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact africa@bal.com.
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What is the change? Ghana’s Petroleum Commission has issued a statement to companies in the upstream oil and gas industry reminding them that they must strictly comply with a regulation requiring them to develop a succession plan for any job held by a foreign national.
What does the change mean? Succession plans must explain how the company intends to replace foreign nationals with Ghanaians in order to meet required minimum local contract levels. Employers in the upstream oil and gas industry are reminded that they must provide succession plans when submitting work permit applications. Failure to do so could lead to unnecessary delays or rejection of applications.
Background: The Petroleum Commission issued the statement in January, citing a regulation that states in part that “a contractor, subcontractor, licensee or other allied entity as part of the employment and training sub-plan, (must) submit to the Commission a succession plan for any employment position that is occupied by a non-Ghanaian” to meet specified minimum local content levels. Work permit requirements stipulate that the Commission will monitor applications to ensure that companies are providing succession plans and offering jobs to Ghanaians when possible.
BAL Analysis: The Commission’s reminder should be taken as a sign that it will step up compliance activity in the upstream oil and gas industry to make sure that companies are creating, and adhering to, succession plans for jobs held by foreign nationals.
What is the change? Ghanaian authorities have released new details on the new requirement that all work and residence permit applicants obtain a medical clearance certificate at a Ghana Immigration Service medical clinic in Accra.
What does the change mean? The tests conducted at the GIS clinic will include Hepatitis A and B, HIV, syphilis, lung and musculoskeletal diseases, central nervous system tests, sickle cell and others. X-rays will be performed offsite by a third-party contractor. Appointments cannot be booked; the exams will be performed on a walk-in basis only. Results will be sent within 24 hours to the work and residence permit sections and made available to applicants who request them.
Background: The in-country medical exam requirement was introduced earlier in February. Although medical exams have always been required, applicants must now attend an appointment at the GIS clinic in Ghana and obtain the medical clearance certificate from the clinic.
BAL Analysis: Applicants should prepare to appear in person at the GIS clinic and undergo a medical exam as part of the work and residence permit application.
This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact your BAL attorney.
What is the change? Ghanaian authorities have said they will limit visit visa validity for first-time applicants to three months.
What does the change mean? First-time visa applicants will be granted visas with a three-month validity period. Those applying for multiple-entry visas valid for six to 12 months will be required to provide a scan of their previous visa. If the previous visa is not in the applicant’s current passport, he or she must also provide a scan of the biodata page of the previous passport that contains the visa.
Background: The rule, which has existed for some time, has been largely overlooked. In January, however, Ghanaian missions around the world began implementing the new requirement. BAL has confirmed with the Legal and Consular Bureau of the Ghanaian Ministry for Foreign Affairs and Regional Integration that a directive was sent to Ghanaian missions around the world instructing them to adhere to a three-month cap for first-time applicants.
BAL Analysis: First-time visa applicants should take note that their Ghanaian visit visa will only be valid for a stay of up to three months. Those who have received a Ghanaian visit visa in the past will be eligible for visas with longer validity periods, but must follow the steps outlined above in order to avoid unnecessary delays.