Provisions for refining, beneficiation, and export

There are no specific laws regulating the processing of minerals. However, a person must obtain a licence to export, sell or dispose of any mineral. An application by the holder of a mining lease for a licence to export, sell or dispose of gold or other precious minerals produced by the holder must be accompanied by a refining contract and a sales and marketing agreement.

If the applicant is not a holder of the mining lease, he must satisfy the Minister of Lands and Natural Resources that the business plan, or particulars of the programme of the proposed operations, include the refining or polishing of the minerals in Ghana before export, and the purchase of only refined or polished minerals for export; and a percentage of the minerals determined by the Minister is supplied to local refineries, to ensure regular supply to local users.

The applicant must also establish that they have access to the financial resources, technical competence and experience needed to carry out operations effectively.

Restrictions on the export of levies

A licence is required from the Minister of Lands and Natural Resources to export, sell or dispose of a mineral. The licence issued is not transferable.

The Kimberley Process Certificate Act, 2003 (Act 652) regulates the import and export of rough diamonds. A person who intends to export rough diamonds must be issued with a Kimberley Process Certificate by the Minister or any person authorised by the Minister.

For more insights on the Mining Sector check out our chapter in the the GLI Mining 2024 Guide here