Tag: Corruption

  • Ghana’s gold industry is exposed to illicit flows … ISODEC claims in new report

     

     

    “ISODEC report exposes illicit financial flows in Ghana’s gold industry.”

     

    Adnan Adams Mohammed

     

    ISODEC, a policy think-tank and community development centered organisation, has launched a new report that puts the spotlight on the vulnerabilities in the gold mining supply chain.

     

    The report titled “Mapping of Illicit Financial Flows Risks Along the Supply Chain of Gold Mining in Ghana” provides critical analysis and actionable recommendations that help to address the risks in the industry. ISODEC in collaboration with Global Financial Integrity and with funding from NORAD, facilitated the research.

     

    The findings in the report underscore the widespread prevalence of illicit financial flows at key stages in the gold mining process chain: mining, processing, transportation and marketing.

     

    “These risks not only drain our nation of vital revenues but also weaken governance structures and hinder equitable resource management”, Charlotte Kpogli-Dzadey, the lead researcher noted at the launch event last week.

     

    Mr Ben Aryee, a director at the Ministry of Lands and Natural Resources, commended the efforts by the parties for coming out with the report that serves as a guide to help streamline the gold industry and safeguard it from illegalities.

     

    He admitted to governance weaknesses affecting the industry and therefore called for the industry regulators to enforce the necessary laws and recommendations to stop gold smuggling and underreporting among others vices.

     

    Governance of Ghana’s mining sector involves many institutions. However, the Ministry of Lands and Natural Resources and Minerals Commission are two core state agencies that oversee the industry based on their direct relevance as espoused in law. While the ministry provides the sector with a strategic policy direction, the Minerals Commissions statutory role is already stated above. Other vital agencies include the Environmental Protection Agency (EPA), Forestry Commission, Water Resources Commission, Ghana Geological Survey Authority, Lands Commission, and the Land Use and Spatial Planning Authority which provide quasi-regulatory functions in managing the mining sector.

     

    These agencies are responsible for granting various licenses, enforcing regulations and monitoring compliance standards. Also the Bank of Ghana (BOG) , the Ghana Revenue Authority (GRA) and the Precious Minerals Marketing Company (PMMC) all play significant financial and economic roles. However coordination and collaboration among these agencies can be Improved to enhance the effectiveness of regulatory oversight and ensure the sector’s sustainable development.

     

    On the issues of corruption and smuggling; responders in the study believe, money for buying gold comes from sources largely unknown following government failure through the Precious Mental Marketing Company to mobilize enough money to buy gold produced, excess gold is bought by foreigners and their local collaborators, smuggled outside Ghana and re-exported in the name of a third country, relations between mining company and their subcontractors and communities are strained, some attempt at smuggling gold in one instance.

     

    These undermine the local economy leading to less revenue for the government, contributing significantly to illicit financial flows and thus undermining domestic resource mobilization for national development.

     

    Also, supply chain complexity and regulatory compliance are key issues identified which are bordered on by the faceless people who funded small-scale mining and also bought the excess gold in the system and where the gold was going. Gold from ASM and galamsey, which are often informal and poorly regulated in the form of the absence of customer due diligence and porous borders facilitate the gold smuggling out of the country.

     

    The study reveals that corruption among government officials is widely perceived as a major driver of IFFs in the mining sector. A substantial 66.25% of respondents believe that corruption contributes to these licit activities “to a very large Thee underscores the systemic nature of corruption and its role in facilitating the

     

    Consequently, the influence of multinational mining companies in driving IFFs is another significant concern. A majority of respondents (76.03%) view the role of these companies as “very significant” highlighting the need for greater scrutiny and accountability in their operations. The practices of these corporations often explore weak regulatory frameworks exacerbating the problem of IFFs.

     

    Looking at the policy implications, the report captured that; the pervasive nature of IFF’s in Ghana’s mining sector has far-reaching implications for the country’s economy, governance, and social development. These flows not only deplete the nation’s financial resources but also perpetuate inequality, weaken institutions, and hinder efforts to improve public services such as healthcare. The widespread perception of corruption and the significant role of multinational corporations in driving IFFs suggest that addressing this issue requires both national and international efforts. Companies that handle the movement of gold either as raw ore or refined products, might also hide the tree ownership of companies. These entities evade scrutiny and accountability by obscuring their real ownership, making enforcing legal and regulatory measures Harder Lack of transparency about gold mining activities, financial transactions, and beneficial ownership can facilitate various forms of illicit financial activities that prevent domestic resource mobilisation.

     

    The report further recommended some policy actions, which included: at the mining or extraction stage, the government should adopt stringent monitoring and enforcement of royalty and tax payments, including regular auditing of mining operations. The integration of digital topics and automated systems for tracking me extraction and production will improve accountability;

     

    With the processing stage, strengthening customs and trade verification procedures, including independent assay reports for precious metals, car mitigate risks Implementing traceability systems for mineral processing such as blockchain technology, will ensure transparency from the mines to markets Governments shoüld work with regional bodles to establish cross-border cooperation to address smuggling and underreporting;

     

    For the transportation stage, strengthening customs enforcement and using digital technologies such as GPS tracking for shipments of minerals can mitigate risks. Regional cooperation is necessary to harmonize border controls and customs protocols. Patities should encourage the use of formal transportation channels and incentivize compliance with tax and customs laws; and

     

    At the marketing and sales stage, the government must require full transparency in marketing and sales transactions There should be effective Implementation of the law that mandate public disclosure of beneficial ownership of companies Involved in marketing The introduction of automated transaction monitoring systems for pricing and sales agreements could reduce undervaluation and mis-invoicing Strengthening anti-corruption measures and enforcing penalties for buyers and brokers involved in illicit activities is crucial.

     

     

  • Hidden debt hurts economies. Better disclosure laws can help ease the pain

    International Monetary Fund

     

     

    By Alissa Ashcroft, Karla Vasquez, Rhoda Weeks-Brown (International Monetary Fund )

     

    If efforts to address record global public debt are to leave no stone unturned, then weak disclosure laws warrant deep scrutiny. Hidden debt is borrowing for which a government is liable, but which is not disclosed to its citizens or to other creditors. And while this debt—by its nature—is often kept off the official government balance-sheet, it is very real, reaching $1 trillion globally by some estimates.

    While these undisclosed obligations are not large when compared to global public debt topping $91 trillion, they pose a growing threat to low-income countries, already highly in debt with annual refinancing needs that have tripled in recent years. The problem is even more pressing amid higher interest rates and weaker economic growth. Accountability, too, is imperiled without accurate information about the extent of borrowing, which heightens the risk of corruption.

     

    These potentially dire consequences can be avoided by strengthening domestic legal frameworks. Our new paper, The Legal Foundations of Public Debt Transparency: Aligning the Law with Good Practices, presents findings from a survey of 60 countries that examined vulnerabilities and loopholes in national laws that hinder transparency.

     

    Building on a July 2023 paper, our new research shows that fewer than half the countries surveyed have laws that require debt management and fiscal reports, while less than a quarter require disclosure of loan-level information—key legal features for facilitating transparency. We also identify four noteworthy vulnerabilities in domestic laws that enable debt to be hidden: a narrow definition of public debt, inadequate legal requirements for disclosure, confidentiality clauses in public debt contracts, and ineffective oversight.

  • $335m tax waivers: minority fears of ‘organised crime traps’.

     

     

    Adnan Adams Mohammed

    The Minority Caucus in Ghana’s Parliament is alarmed with the value of tax waivers government is set to request on behalf of the companies under the One District One Factory (1D1F).

    The tax waivers amounting to over $335 million meant for 42 companies are awaiting parliamentary approval. Among the beneficiaries is the newly established Sentuo Oil Refinery Limited, set to receive the largest exemption of $164.6 million.

    Ghanaian Parliament

    In 2021, the Ministry of Finance initiated efforts to secure approximately $335 million in tax exemptions for these companies, part of the 1D1F initiative.These exemptions fall under the Exemptions Act, 2022 (Act 1083), presented to Parliament by former Finance Minister Ken Ofori-Atta. Yet, the obvious politicisation of such critical issue that needs patriotic scrutiny have started.

    “It is the considered view of the Minority that these requests for tax exemptions running into several billions of cedis, are unconscionable, inordinate and bear all the trappings of organised crime”, Minority Leader, Dr Cassiel Ato Forson criticised the exemptions.

    “..We in the Minority are serving notice that we shall resist these tax waiver applications fiercely! In their current forms, we shall resist each and every one of the tax waiver applications with all the tools and strategies at our disposal.”

    Hon Ato Forson, a prominent figure in the Minority, has strongly opposed advancing the entire exemptions list from the committee stage, citing irregularities with some listed companies and their respective requested amounts in tax exemptions.

    “The phenomenon of tax exemption as an avenue for corruption is a frightening development that threatens the domestic revenue reforms that the state is currently undertaking … The effect of these new taxes will result in the poor becoming poorer, suffocating industries and businesses and further increasing the hardships Ghanaians are already experiencing. This government is simply robbing Peter to pay Paul by exacting taxes from Ghanaians, only to dole out huge tax exemptions to their cronies for kickbacks. It is for this reason that we call on all Ghanaians to join us in this fight.”

    Meanwhile, the Majority Leader, Mr Alexander Afenyo-Markin, has also criticized the delays in the approval of the waivers as a deliberate move by the Minority to hinder the government’s efforts to attract investment into the country.

    Hon Afenyo-Markin accused that, the process has been impeded by extensive parliamentary delays, particularly due to demands for further deliberation and scrutiny by members of the Minority caucus.

    “The Minority also rejected a proposal to present 15 companies, deemed free of irregularities, to the floor of Parliament, leaving the Majority Leader visibly frustrated. While some arguments against presenting the list may have merit, the prolonged delay—now in its fourth year—raises concerns about an intentional effort to obstruct the government’s agenda.”

    The 1D1F initiative aims to transform Ghana’s economy from one reliant on raw material imports and exports to a manufacturing and value-added export economy.

    This private sector-led initiative involves government support to enable businesses to secure funding and additional assistance from government agencies to establish factories.

    This initiative aimed to signal to the international investor community that Ghana is a favourable environment for business, thus boosting economic contributions.

    These exemptions are designed to reduce operational costs, making it more attractive for businesses to establish and expand their operations.

    Without these incentives, affected companies may scale back their plans, leading to slower industrialization and fewer job opportunities, thereby undermining the 1D1F programme’s objectives.

    Moreover, the ongoing impasse could negatively affect investor confidence in Ghana.

    The perception of political gridlock and uncertainty surrounding the tax exemption process may deter potential investors, who fear similar bureaucratic hurdles and a lack of policy consistency in the future.

    It is imperative for Parliament to leverage its unique numerical composition to foster strong bipartisan relations for the benefit of Ghana.

    Healthy bipartisan collaborations invariably create more stable environments that favour businesses, irrespective of the government in power.

    Ensuring the timely approval of these tax exemptions could enhance Ghana’s industrialization efforts and signal to the global investor community that the country is committed to creating a conducive business environment.

    As the situation unfolds, the focus remains on whether Parliament can resolve these delays and move forward with the necessary approvals to support the 1D1F programme and the broader economic goals of the nation.