GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
Offences ) unless the director proves that the offence was committed without their consent or connivance and that the director exercised due diligence to pre- vent the commission of the offence as the director ought to have exercised having regard to the nature of the function of the director and the circumstances.
persons nominated by the President of the Republic of Ghana. The Gaming Commission is a corporate body with perpetual succession and a common seal and may sue and be sued in its corporate name. In essence, the Gaming Commission is a legal personality created by Act 721. 4.2 Regulatory Approach In seeking to regulate the gaming industry, the regu- lator’s general approach is to ensure that games-of- chance operations are conducted responsibly and minimise minors’ exposure where applicable. Thus, the aim is to ensure that operators operate the busi- ness in full compliance with the established laws in Ghana. It is in accordance with the regulator’s general approach that it is empowered to formulate policies on games of chance in Ghana, considering evolving trends globally. Further, the regulator’s general approach is to ensure that suspicious transactions are reported by the licensed companies and the same attended to in line with the AML Act. 4.3 Types of Licences The Gaming Commission, under its circular on require- ments for a gaming licence in Ghana, identifies five classes of permits in Ghana: • class one licence – casino; • class two licence – sports betting (land-based, online, and both); • class three licence – route operations; • class four licence – promotional gaming and remote gaming (eg, bingo); and • class five licence – mobile or interactive gaming. 4.4 Availability of Licences A licence is readily available upon application and the fulfilment of all conditions set by the Gaming Commis- sion of Ghana. Once an entity incorporated in Ghana meets the stated requirement approved by the laws of the Republic of Ghana, the licence process shall be approved and issued by the Governing Board of the Gaming Commission.
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The Gaming Commission is the key regulatory author- ity vested with the power to regulate, control, monitor and supervise the operations of games of chance in the country. It was established by Act 721 as the sole administrative authority to regulate games of chance in Ghana. Act 721 empowers the Gaming Commission to undertake the following, among others: • make proposals for the formulation of policies on games of chance in Ghana; • license companies that want to operate casinos and other games of chance in Ghana; • serve as an advisory body to the government on betting activities in Ghana; • monitor and secure implementation of laws on casinos and any other game of chance; and • determine the minimum bankroll and ensure that license holders keep and maintain the minimum bankroll provided under Act 721. Under Act 721, a governing body of the Gaming Com- mission is established with one representative from the following institutions: • the Ministry of Finance and Economic Planning; • the Police Service not below the rank of Assistant Commissioner; • the Ministry of Local Government and Rural Devel- opment; • the Ministry of the Interior; • the Ministry of Tourism; and • the Revenue Agencies Governing Board. The members include the Games Commissioner appointed under Section 65 of Act 721 and three other
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