GHANA EXPORT PROMOTION COUNCIL ACT - 1969 (NLCD 396)
(1) There shall be established for the purposes of this Decree a body corporate to be known as the Export Promotion Council, hereafter referred to in this Decree as the "Council".
(2) The Council shall, by the name assigned to it by sub-paragraph (1), be autonomous and outside the Civil Service; and shall have perpetual succession and a common seal, may sue and be sued in such name and for the purposes of this Decree enter into contracts and other transactions.
(3) The Council shall have the power, for the discharge of its functions conferred by or under this Decree, to acquire and hold any movable or immovable property and to sell, lease, mortgage or otherwise alienate or dispose of such property.
(1) The Council shall consist of a part-time Chairman and the following members-
(a) a representative of the Ghana Manufacturers' Association;
(b) a representative of the National Chamber of Commerce;
(c) a representative of the Ghana Export Company Limited;
(d) a representative of the Bank of Ghana;
(e) a representative of the Capital Investments Board;
(f) a representative of the Ghana Standards Board;
(g) a representative of the Ministry responsible for Agriculture;
(h) a representative of the Ministry responsible for Foreign Affairs;
(i) a representative of the Ministry responsible for Information;
(j) a representative of the Ministry responsible for Industries;
(k) a representative of the Ministry responsible for Trade and Tourism, and
(l) the Executive Secretary of the Ghana Export Promotion Council (ex officio).
(2) The members of the Council including the Chairman shall be appointed by the National Redemption Council.
(3) The Council may at any time co-opt any person or persons to act as an adviser or advisers at any of its meetings in respect of any matter under discussion by the Council, so, however, that such person or persons shall have particular knowledge of such matter and shall not be entitled to vote at any such meeting.[As substituted by Ghana Export Promotion Council (Amendment) Decree 1975, (NRCD 310), s.1]
(1) Each member of the Council shall hold office on such terms and conditions, including the payment of remuneration or allowances, as shall be fixed by the Commissioner in consultation with the Commissioner responsible for Finance.
(2) The appointment of any member of the Council, other than the Chairman may be terminated at any time by the Commissioner if he is of the opinion that it is in the interest of the Council so to do.
(3) Any member may resign at any time by notice in writing to the Council.
(4) The appointment of the Chairman may be terminated by the National Redemption Council where in the opinion of that body it is in the interest of the Council so to do.[As amended by Ghana Export Promotion Council (Amendment) Decree 1975, (NRCD 310) s. 2]
(5) There shall be an Executive Secretary to the Council who shall be a member of the Council as required under paragraph 2 of this Decree.
(6) The Executive Secretary of the Council shall be the Chief Executive of the Council and shall, subject to such directions as may be given by the Council on matters of general policy, be charged with the direction of the business of the Council and of its administration and organisation and also with control of its officers and employees.
(1) It shall be the duty of the Council to promote, assist and develop exports in any manner which the Council considers necessary or desirable.
(2) Without prejudice to the provisions of sub-paragraph (1), the Council shall have the sole power-
(a) to obtain information on all products with export potential and to determine the extent and location of any market for those products outside Ghana;
(b) to call the attention of potential customers to the availability of goods of Ghanaian origin;
(c) to organize trade fairs in Ghana and overseas and to arrange for the attendance at foreign trade fairs where the promotion of the sale of Ghanaian products can be made;
(d) to bring Ghanaian sellers into touch with foreign customers and to encourage exploratory discussions between them;
(e) to create interest in, and goodwill for, Ghanaian products by promotional activities, which may include advertising, exhibiting and providing information about such products;
(f) to make available expert advice and assistance to Ghanaian businessmen concerning export procedures, credit and collection arrangements, shipping documentation, marine insurance and similar matters;
(g) to assist Ghanaian businessmen travelling abroad by supplying advance information and, where possible on-the-spot advice;
(h) to assist similarly foreign visitors coming to Ghana to examine business opportunities involving "made-in-Ghana" goods;
(i) to find out and recommend to Government such trade agreements and pacts as will have the effect of promoting the sale of Ghanaian goods in overseas markets;
(j) to organize an insurance credit guarantee scheme for the protection of the interest of Ghanaian exporters;
(k) to act as a centre of information for the Ghana Export Company Limited, and for all individual exporters;
(l) to find out and recommend to Government the assistance that should be given to Ghanaian exporters to enable them to compete effectively in overseas markets;
(m) to apply for, and to receive in Ghana or elsewhere any trade marks, licences, protections or concessions and in relation thereto, to do all such things as the Council considers necessary or desirable for the development of exports; and
(n) to discharge any other function which may be prescribed by regulation.
(3) Where under any enactment any authority or person has power for the regulation or development of exports, the National Redemption Council may delegate the exercise of that power to the Council mentioned in the preceding provisions of this paragraph which shall thereafter exercise that power.[As amended by Ghana Export Promotion Council (Amendment) Decree 1975, (NRCD 310) s. 2]
(1) The Council shall meet for the dispatch of its business at such times and at such places as the Chairman thereof may appoint, so, however, that the Council shall meet at least once a quarter.
(2) At every meeting of the Council at which he is present the Chairman shall preside and in his absence, a member of the Council, appointed by the members present from among themselves, shall preside.
(3) Questions proposed at a meeting of the Council shall be determined by a simple majority of members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.
(4) The quorum at any meeting of the Council shall be nine.
(5) The validity of any proceedings of the Council shall not be affected by any vacancy amongst its members or by any defects in the appointment of any of them.
(6) Subject to the provisions of this Decree and subject to any regulations that may be prescribed under this Decree, the Council may regulate its own procedure.
(1) Public officers may be transferred or seconded to the Council or otherwise give assistance thereto.
(2) Public officers so transferred or seconded may be appointed at that point in the salary scale which approximates as closely as possible to the point in the salary scale applicable to officers or employees of the Council of a similar class, category or description.
(3) If a public officer receiving a pensionable emolument in the public service within the meaning of the Pensions Ordinance (Cap. 30) is transferred or seconded to the Council, the period which he serves with the Council shall, for the purposes of the computation of time and the amount of the pension under that Ordinance, be deemed to be service in a pensionable office.
(4) The Council may appoint such and so many other persons to be officers and employees of the Council as the Council may from time to time think fit.
(5) Subject to the other provisions of this paragraph, officers or employees appointed by the Council and officers or employees deemed to be officers or employees of the Council shall hold their offices or posts on such terms and conditions, including terms relating to the payment of remuneration and allowances, as the Council from time to time determines.
(6) The remuneration, allowances and other payments payable to officers and employees of the Council shall be paid by the Council out of funds at its disposal, unless other arrangements have been made for such payments.
(7) The Council may in its discretion terminate the appointment of any of its officers or servants.
A member of the Council who has-
(a) any interest in any company or concern with which the Council proposes to make any contract; or
(b) any interest in any contract which the Council proposes to make,
shall disclose to the Council the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Council relating to the contract and the disclosure shall be recorded in the minutes of the Council.
The Council may by resolution made at a meeting of the Council delegate any of its functions under this Decree to any member of the Council, any sub-committee consisting of members of the Council or any of its officers or employees; and on such delegation, such member, sub-committee or officer or employee shall discharge the function delegated to him.
The funds and property of the Council shall consist of-
(a) any money granted by the Government for the purposes of the Council;
(b) all money paid to the Council by way of grants, subsidies, donations, gifts, fees, subscriptions, rents, interest or royalties;
(c) all money derived from the sale of any property held by or on behalf of the Council;
(d) all other moneys and property lawfully received by the Council for the purpose of the Council; and
(e) all accumulations of income derived from any such moneys or property.
With the prior consent in writing of the Commissioner responsible for Finance, the Council may borrow money from Government or from any corporation, local authority or person and for the purpose of securing any money so borrowed, may mortgage, charge, or pledge any right, title or interest in any of its property.
(1) The Council shall keep, in such form as may be approved by the Commissioner, with the concurrence of the Commissioner responsible for Finance accounts of all moneys received and expended by it and, in particular, shall keep in form as aforesaid all such special accounts as the Commissioner may from time to time direct.
(2) Accounts kept in pursuance of this paragraph shall be submitted annually by the Council to the Auditor-General for audit at such time as the Commissioner, with the concurrence of the Commissioner responsible for Finance, directs; and the Council shall furnish a copy of the accounts so audited together with a copy of the report of the Auditor-General, within thirty days after such audit, to the Commissioner who shall submit copies thereof to the National Liberation Council.
The Council shall in each year, at such date as the Commissioner may direct, make a report to the Commissioner of its activities during the preceding year and the Commissioner shall submit copies of the report to the National Redemption Council.[As amended by Ghana Export Promotion Council (Amendment) Decree 1975, (NRCD 310) s. 4(3)]
(1) It shall be lawful for any officer or employee authorised in that behalf by the Council to-
(a) inspect the premises of any person for the purposes of discharging any of its functions under this Decree; and
(b) request in writing any person to furnish returns and other documents for the said purposes.
(2) Any person who prevents any such officer or employee from inspecting any premises in the exercise of his powers under sub-paragraph (1) of this paragraph, or who fails to furnish a return or document which he is requested to furnish under that sub-paragraph within the period specified in the request or who furnishes under that sub-paragraph a false or incorrect return or document shall be guilty of an offence and shall on summary conviction, be liable to a fine not exceeding two hundred New Cedis or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
The Commissioner may make regulations-
(a) in respect of any matter required to be prescribed under this Decree;
(b) subject to the other provisions of this Decree, in respect of the grant of pensions, gratuities and retiring allowances to officers and employees of the Council; and
(c) in respect of matters for the purpose of carrying out the principles and provisions of this Decree.