GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
6. Online Gambling 6.1 B2C Licences
ated with game-of-chance business, including money laundering. All directors must submit themselves to procedures to obtain criminal clearance certificates from the Bureau of National Investigation (BNI) and the Criminal Inves- tigation Department (CID), and foreign directors are under enhanced scrutiny, including checks by INTER- POL. All directors of corporate entities must complete a comprehensive AML document as part of the licence application process. Failure to pass the fit-and-prop- er test shall result in the refusal of a grant of licence to undertake a game-of-chance business in Ghana. These processes emphasise personal accountability within the corporate structure for game-of-chance business in Ghana. This personal licensing regime underscores Ghana’s balanced approach to corporate-centric operations with robust individual safeguards. It promotes industry integrity in line with the legislative framework govern- ing the grant of licence, while accommodating foreign investment. In Ghana, the Gaming Commission frowns upon the indiscriminate establishment of betting shops. As a result, the Gaming Commission has set out a proce- dure for licensing land-based premises. The critical consideration for the licence of the premises is for the company to provide the Gaming Commission with the location of the premises and inventory, which includes the number of fixed odd-bet terminals at the premises. On receipt of the inventory, the Gaming Commission evaluates, inspects and confirms the suitability of the premises before a grant or issue of a licence for the operationalisation of the premises. The Gaming Commission requires licence operators to submit betting site details for approval and licens- ing. 5. Land-Based Gambling 5.1 Premises Licensing
Ghana’s legal regime for the games of chance industry does not reference B2C licences. The prevailing cir- cumstances are that, as long as an applicant meets the satisfactory requirement for a licence, the appli- cant shall be granted a licence to provide games of chance (be it online, land-based, or casino) to custom- ers in Ghana. 6.2 B2B Licences (Suppliers, Software, Etc) The Act governing the games-of-chance industry in Ghana determines the scope of transferability of a licence granted. Section 19 specifically provides for the non-transferability of licences in Ghana. It states that a person granted a licence shall not transfer the licence granted by the Gaming Commission to any other person. A person who transfers a licence or breaches the clear stipulation of the Act commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units or a term of imprisonment of not less than two years or both. Additionally, the applicant’s licence may be revoked for a breach of the non-trans- ferability condition. As such, there is no room for B2B licences in Ghana. 6.3 Affiliates There is no regulatory requirement for using affiliates in Ghana, as the concept of affiliates is not known in the jurisdiction. However, it is instructive to point out that the advertis- ing guidelines established by the Gaming Commis- sion require a licence operator to seek approval for all advertising materials before the commencement of an advert. As such, the actions of an affiliate that bothers with advertising fall within the purview of the regula- tory arm of the Gaming Commission. However, it is the legal obligation of a licence operator to ensure that the action of an affiliated person, who invaluably is an agent to the licensee, is regulated and in conformity with the established laws and regulations.
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