Compliance and Enforcement

The Ghana Maritime Authority (the Authority) is the maritime administration of the Republic of Ghana established by the Ghana Maritime Authority Act 2002 (Act 630) and charged with the responsibility to regulate, monitor, and coordinate activities of the maritime industry in Ghana. To effectively carry out its mandate, the Authority has adopted various laws/regulations which reflect relevant international conventions. These laws/regulations contain compliance as well as enforcement provisions aimed at ensuring that the Authority executes its mandate to the fullest and effectively.

Compliance

Key among the responsibilities of the Authority is ensuring that provisions in the law that prohibit specific activities in the marine environment are strictly complied with. There are, therefore, prohibitory provisions spelling out clearly, the boundaries of acceptable conduct and activities as well as procedural provisions laying down the steps which ought to be taken in order to stay within the boundaries set by law. There are two separate categories of compliance provisions that impose distinct obligations on vessels, operators, seafarers, and related parties. As stated earlier, there are provisions on impermissible activities and any commission is prima facie, a violation warranting the imposition of the appropriate penalties. Vessel operators and seafarers are routinely advised to familiarize themselves with the legal requirements and compliance obligations in order to avoid breaching the law. Another category of compliance provisions relates to the requirement to obtain the necessary certifications, permits, and documentation from the Authority in accordance with the rules contained in international conventions. Without these certifications and permits, the corresponding operations/activities would be deemed to be non-compliant with the regulations and rules laid down by the International Maritime Organization to guide the activities of the maritime industry, which have been adopted by the Authority.

Enforcement Provisions

In order to ensure full compliance with the law as well as its effectiveness, certain penalties are provided in the event of any violations. These are provisions that spell out the penalties, which may be specific to a compliance provision or apply generally to the whole Act/Regulation.

1. Ghana Shipping (Maritime Labour) Regulations, 2015 (L.I.2226)

COMPLIANCE ENFORCEMENT
  • Declaration and certificate (Regulation 2(1))
 At least 500 penalty units and not more than 100 penalty units or a term of imprisonment of not less than 2 years and not more than 4 years or to both fine and imprisonment (Regulation 2(2))
  • Declaration of Maritime Labour Compliance (Regulation 4)
  • Maritime Labour Certificate (Regulation 5)
  • Seafarer recruitment and placement services (Regulation 12)
 At least 300 penalty units and not more than 500 hundred penalty units or a term of imprisonment of not less than 18 months and not more than 2 years (Regulation 12(17))

2. Ghana Maritime Authority (Fees and Charges) Regulation, 2012 (L.I.2009)

COMPLIANCE ENFORCEMENT
  • Duty to pay maritime safety charge (Regulation 3)
 At least 2000 penalty units or two times the annual charge in respect of that category whichever sum is greater, but in either case a fine of not more than 15000 penalty units (Regulation 6(2))

At least three times the charge payable per visit but not more than the fine in sub-regulation (2) (Regulation 6(3))

At least 50 penalty units and not more than 10,000 penalty units or both the fine and the imprisonment (Regulation 6(4))

3. Ghana Shipping (Standards for Training, Certification and Watchkeeping for seafarers) Regulation 2016 (L.I.2229)

COMPLIANCE ENFORCEMENT
  • Power of Authority to issue certificates (Regulation 2)
  • Requirements for certification (Regulation 6)
  • Verification and control measures (Regulation 16)
 Detainment of ship (Regulation 16(3))
  • Master and chief mate on a ship of three thousand gross tonnage or more (Regulation 28)
  • Master and chief mate on-board a ship of between five hundred and three thousand gross tonnage (Regulation 29)
  • Requirement for officer on ship engaged on near coastal voyages (Regulation 32)
  • Master on a ship engaged on near-coastal voyages (Regulation 33)
  • Ratings forming part of a navigational watch (Regulation 35)
  • Certification of rating as an able seafarer deck (Regulation 36)
  • Certificate of competency for officer on engineering watch (Regulation 37)
  • Minimum requirement for certification of chief engineer and second engineer officers (Regulation 38)
  • Chief engineer officer and second engineer officer on ship with between seven hundred and fifty kilowatts and three thousand kilowatts propulsion power (Regulation 39)
  • Certification of rating on watch in engine room (Regulation 40)
  • Certification of rating as able seafarer engine (Regulation 41)
  • Requirement for certification of electro-technical officer (Regulation 42)
  • Requirement for certification of electro-technical rating (Regulation 43)
  • Requirement for certification of Global Maritime Distress and Safety System radio operator (Regulation 45)
  • Requirement for the training of master, officer, and rating on the oil and chemical tanker(Regulation 46)
  • Requirement for the training of the master officer and rating on-board liquefied gas tanker(Regulation 47)
  • The requirement for training and qualification of a seafarer on passenger ship (Regulation 48(3))
  • Requirements for certificate of proficiency in survival craft and others (Regulation 50)
  • The requirement for a certificate of proficiency for ship security officer (Regulation 53)

4. Ghana Shipping (Protection of, Offshore Operations and Assets) Regulations 2012 (L.I. 2010)

COMPLIANCE ENFORCEMENT
  • Requirement for the establishment of safety zones (Regulation 1)
  • Prohibition of entry (Regulation 2)
 A fine of not less than 50 penalty units and not more than 7,500 penalty units or a term of imprisonment of not more than 15 years or to both the fine and the imprisonment

A fine of not less than 500 penalty units and not more than 10,000 penalty units. (Regulation 11)
  • Requirements for operation of mobile offshore drilling unit (Regulation 8)
  • Requirements for mobile offshore drilling unit safety operating permit (Regulation 9)
  • Requirements for safety permit (Regulation 10)

5. Maritime Pollution Act 2016 (ACT 932)

COMPLIANCE ENFORCEMENT
  • Special requirements for drilling rigs, other platforms, and offshore installations (Section 72)
 Section 72(3) An administrative penalty of 400 penalty units for each entry that should have been recorded.
  • Equivalents (Section 78)
  • Surveys (Section 129)
 An administrative penalty of 500 penalty units Section 129(8)
  • Notice of change in condition of a ship (Section 171)
 An administrative penalty of 300 hundred penalty units (Section 171(5))
  • Transfer of oil (Section 229)
 A fine, not less than 5000 penalty units and not more than 1000 units or a term of imprisonment of not less than 10 years and not more than 15 years or to both (Section 229(5))
  • Restrictions on the transfer of oil in a harbor or port (Section 230)
 An administrative penalty of 1200 penalty units (Section 230(5))

6. Ghana Shipping Act 2003 (Act 645)

COMPLIANCE ENFORCEMENT
  • Permit for foreign ships trading in Ghanaian waters (Section 1A)
 A fine not exceeding the cedi equivalent of $1 million and the ship shall be detained until the fine is paid Section 1(5)
  • Obligation to register and Regulations on Ghanaian ships (Section 3)
  • Application for registration of ship (section 4)
  • Building of new vessel (Section 6)
 A fine not exceeding 500 penalty units and in addition the court may order for the forfeiture of the ship in respect of the offense committed (Section 6(6))
  • Importation of ships (Section 7)
 A fine not less than $10,000 and not exceeding $100,000 or a term of imprisonment not exceeding 2 years or to both, and in addition the court may order the forfeiture of the vessel in respect of which the offence was committed (Section 7(4))
  • Change of name of ship (Section 16)
 A fine not exceeding 500 penalty units or imprisonment not exceeding 2 years or to both Section 16(5)
  • Appointment of Surveyors for tonnage measurement (Section 26)
  • Registration of transfer of a registered ship (Section 45)
  • Procedure where ship under certificate of sale granted in Ghana (Section 61)
  • Registration in Ghana where ship sold under certificate of sale granted by a foreign State (Section 62)
  • A Ghanaian ship under twenty –four metres in length or a gross tonnage of one hundred and fifty (Section 40) (as amended)
  • Issue of certificate that ship is free of mortgages, liens (Section 76)
  • Registration of a ship’s managing owner or manager (Section 81)
  • Procedures relating to certain crew agreements (Manning) (Section 112)
  • Sale of seafarer’s effects (Section 190)
  • Official log book (Section 206)
 A fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or to both (Section 210(1))

A fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months or to both (Section 210(2))

A fine bot exceeding 500 penalty units or to imprisonment for a term not exceeding 2 years or to both (Section 210(3))
  • Inspection to enforce compliance with collision regulations.
  • Delivery of official log book to Director-General (Section 208)
 A fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12months or both and in a continuing offence to a fine 50 penalty units for each day the offence continues (Section 208)
  • Delivery of official log book on change of ownership or employment or loss or abandonment of ship (Section 209)
 A fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12 months or both ( Section 209)
  • Ghanaian ships to observe Collision Regulations (Section 218)
 A fine not exceeding 2500 penalty units or imprisonment for a term not exceeding 3 years or both ( Section 218)
  • Returns of births and deaths on Ghanaian ships (Section 213)
  • Returns of births and deaths of Ghanaian citizens on foreign ships (Section 214)
  • Returns to be sent to Registrar of Births and Deaths (Section 215)
 Penalties imposed on master A fine of not less than 100 penalty units or to a term of imprisonment not exceeding 6 months or both ( Section 216)
  • Loss of Ghanaian ship (Section 232)
 A fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both (Section 232(2))
  • Notices to mariners and navigational warnings (Section 235)
  • Aids to navigation (Section 237)
 A fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both (Section 241)
  • Surveying of ships (Section 254)
  • Surveys and certification (Section 257)
  • Issuance of Load line certificate (Section 314)

7. Ghana Maritime Security Act, 2004 (Act 675)

COMPLIANCE ENFORCEMENT
  • Ship Security Plan ( Section 15)
  • Application for approval of a ship security plan ( Section 17)
  •  Ship security assessment ( Section 24)
  • International Ship Security Certificate ( Section 27)
 A fine of not less than 2,500 penalty units and not exceeding 7,500 penalty units ( Section 27 (2))
  • Application for an International Ship Security Certificate ( Section 28)
  • Port facility security plan ( Section 52)
 A fine not less than 500 penalty units and not exceeding 5000 penalty units or a term of imprisonment not exceeding 5 years or to both (Section 52(5))