Ghana to begin full implementation of shipping regulations

Ghana is set to begin the full implementation of the Ghana Shipping Regulations, 2021 LI 2438, popularly known as the Cabotage Law, to regulate and protect the domestic shipping industry from foreign competition.

The regulations also aimed at domesticating some shipping activities in the maritime and shipping industries of Ghana.

Mr. George Anti-Kwakye, a Principal Maritime Administrative Officer at the Ghana Maritime Authority (GMA), disclosed this at a Ghana Ports and Harbour Authority’s (GPHA) media forum.

Mr. Anti-Kwakye said the law would ensure that 50 percent of officers and 75 per cent of ratings working on vessels operating in Ghana’s waters were of Ghanaian nationality.

Additionally, the Cabotage Law also provides a good opportunity for the many unemployed Ghanaian seafarers to get some sea time while promoting skills transfer in areas Ghanaian seafarers are yet to gain expertise in.

The law will also cover oil tankers, offshore support vessels, passenger vessels, fishing vessels, and merchant ships, among others; however, its tenets do not cover naval vessels or government vessels.

Mr. Anti-Kwakye indicated that under the cabotage law, Ghanaian seafarers would receive remunerations equal to their foreign counterparts with the same rank and performing the same responsibilities aboard ships.

He noted that to ensure a smooth implementation, consultations with shipping companies, seafarer recruitment agencies, maritime training institutions, and other relevant stakeholders had been held for some years after the passing, gazetting, and coming into force of the regulations.

He said that to ensure compliance, the Ghana Maritime Authority had conducted crew analysis of all the eligible vessels in Ghanaian waters, adding that for companies to qualify under the regulations, they were required to fulfil all legal requirements that Ghanaian companies must meet.

He disclosed that there were, however, some exemption clauses in the Cabotage Law, noting that, for instance, when there is a one-time salvage operation, companies could apply for an exemption.

“Again, when it comes to the manning requirements and after a thorough look at the database of the Ghanaian seafarer register, if those ranks you are looking for are not available and you want to bring a foreign national, you have to apply for an exemption,” he stated.

The GMA’s Principal Maritime Administrative Officer stated that an enforcement team had been put in place to ensure compliance, indicating that they were backed by the fines and penalties stated in the law.

Mr. Awudu Enusah, also a Principal Maritime Administrative Officer at the GMA, stated that before the coming into force of LI 2438 (cabotage), the Ghana Shipping Act did not have any restrictions on seafarer employment, disadvantaging the Ghanaian.

Mr. Enusah added that currently in Ghana’s fishing industry, there were several foreigners, noting that even at the rating level, there were many Filipinos operating.

He said the LI 2438 was to ensure that over time, Ghanaians would acquire the necessary expertise and competence to take over.

He noted that, security-wise, the Cabotage Law would protect Ghana’s maritime industry.

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