Inception reportAggregation of mining benefits in Ghana文档格式.docx

1、Mob: 0244-326838PTABLE OF CONTENTS CONTENT PageList of Abbreviations iEXECUTIVE SUMMARY ii1.0 2.0 BACKGROUND 2.1 Brief about the Mining Industry in Ghana 1 2.2 Brief about the INTRODUCTION 1EITI 1 2.3 EITI in Ghana 2 2.4 Benefits of EITI. 3 2.5 EITI and Aggregation 3 3.0 PRELIMINARY MEETINGS 3.1 Ini

2、tiation Meeting with EITI Steering Committee. 54.0 MINISTRIES, DEPARTMENTS AND AGENCIES 4.1 Minerals Commission 8 4.2 Mines Department 10 4.3 Customs, Excise and Preventive Service 11 4.4 Internal Revenue Service 12 4.5 Non-Tax Revenue Unit （MOFEP） 14 4.6 Office of the Administrator of Stool Lands 1

3、55.0 MEETINGS WITH MINING COMPANIES 5.1Chamber of Mines 17 5.2 Outcomes of Meetings. 186.0 DISTRICT ASSEMBLIES/TRADITIONAL COUNCILS 21 7.0 BENEFIT STREAMS FOR AGGREGATION 278.0 EMERGING ISSUES 279.0 APPROACH AND METHODOLOGY 2810. CONCLUSION 31 List of appendices Appendix 1 Work plan Appendix 2A-D Te

4、mplates for Government, Company, District and Aggregator Appendix 3 List of payments at the Minerals Commission Appendix 4 List of payments at the Mines Department Appendix 5 Time table for mines visit Appendix 6 List of organizations visited/Personnel visited. List of Abbreviations/AcronymsCEPS Cus

5、toms Excise and Preventive ServiceC/Fund Consolidated FundDA District AssemblyEITI Extractive Industries Transparency InitiativeIRS Internal Revenue Service MOFEP Ministry of Finance and Economic PlanningNTRU Non Tax Revenue Unit.OASL Office of the Administrator of Stool LandsTA Traditional Authorit

6、yTC Traditional Council EXECUTIVE SUMMARYIntroductionThe Extractive Industries Transparency Initiative （EITI） aims to improve development outcomes from benefits paid to governments by the extractive industries.Additionally, the initiative seeks to reduce the potential for corruption and large scale

7、embezzlementof these benefits.The above objectives are to be achieved by enhancing transparency in the payments,receipts, disbursements and utilization of mining benefits. To this end an Independent Aggregator （Messrs Boas and Associates） was appointed by the Ministry of Finance and Economic Plannin

8、g, to collect, analyze and aggregate payments made by mining companies to the Government of Ghana.ApproachThe assignment has been divided into three （3） phases. These are i） Inceptionii） Aggregation iii） Development of framework or Guidelines for ensuring transparency in the benefits received by the

9、 government.Whilst the first two phases involve definitive activities, the final phase （development of framework） is based on feedback of the observations, findings and experiences gathered in the first two stages. This report covers activities undertaken during the Inception phaseInception phaseThi

10、s is the preliminary information gathering stage. The Aggregator interacted with Mining companies, Government Revenue Agencies, District Assemblies and Traditional Authorities. In general the response from all stakeholders has been encouraging. The main objectives for these meetings were: To interac

11、t with the various stakeholders to gain a better understanding of their operations Conduct a situational analysis to help put the assignment in the best perspective. Collect data on payments made by the Mining Companies, and the benefits received by the Government through the Revenue Agencies and di

12、sbursements made to the communities within the operational areas of the mines. Key observations made during the inception phase would be investigated during the Aggregation phase. These observations have been categorized under the four main components of the assignment （Payments; Receipts; Disbursem

13、ents and Utilization） as follows; Payment i） Almost all the mining companies visited had changed ownership within the last 10 yearsii） It appears there has not been any payment of capital gains tax during the changes in ownership.iii） Lack of uniformity in pricing minerals （gold） produced leading to

14、 variations in the computation of royalty payment. iv） Application by the mining companies of different exchange rate regimes for the payment of mineral royalties.v） All mining companies pay royalties using the minimum applicable rate of 3%. vi） It appears dividend withholding taxes are not paid by

15、the mining companies.Receiptsi） Apparent lack of formalized contacts between the Internal Revenue Service （IRS）, and other mining sector agencies for the reconciliation of figures related to royaltiesii） Separate bank accounts are not kept for royalty receipts.Disbursementi） Lack of documentation on

16、 payments made by the Office of the Administrator of Stool Lands to the District Assemblies, Traditional Councils and Stools.ii） Reported delays in the payment of mineral royalties to beneficiary institutions. UtilisationLack of guidelines for the application of payments received by beneficiary inst

17、itutions（District Assemblies, Traditional Councils and Stools）.Aggregation phaseThe next phase, which is the aggregation phase will involve, the collection, collation and analysis of dataIt shall also include processing （mineral production） and financial audit of the eight （8）selected mining compani

18、es namely:AnglogoldAshanti （Iduaprim）; AnglogoldAshanti （Obuasi）; AnglogoldAshanti （Bibiani）;Goldfields （Tarkwa）, Goldfields （Daman）; Bogosu Gold Ltd （Bogosu）Ghana Manganese Ltd （Nsuta）; Ghana Bauxite Ltd （Awaso）.The benefits/payments to be aggregated include; Mineral royalties, Mineral right licenc

19、es; Property rates; Ground rent, corporate tax, and dividendsConclusionThe knowledge and understanding gained at the inception phase would serve as the platform for the Aggregation Phase of the assignment. The Aggregation phase will include the collection and analysis of data on mining benefits, the

20、 aggregation of the benefits and completion of requisite templates. There would be continuous studies on the framework for enhancing transparency in payments, receipts, disbursements and utilization of mining benefits.1.0 INTRODUCTIONThe Government of Ghana through the Ministry of Finance and Econom

21、ic Planning （MOFEP） has associated itself with the Extractive Industries Transparency Initiative （EITI） which was launched at the World Summit on Sustainable Development in Johannesburg.To implement the EITI in Ghana the Ministry of Finance and Economic Planning has appointed Messrs Boas & Associate

22、s, a Chartered Accounting and Mining Consulting firm as the Independent Aggregator. The Independent Aggregator is tasked to collect, analyse and aggregate payments made by mining companies to the Government of Ghana and to ascertain the disbursements made by the Government to the relevant mining com

23、munities and its utilization.2.0 BACKGROUND.2.1 Brief about the Mining Industry in Ghana.Under the Minerals and Mining Act, 2006, Act 703, every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout the country, the exclusive economic zone and an

24、y area covered by territorial sea or continental shelf is the property of the Republic of Ghana and is vested in the President in trust for the people of Ghana. The Mining industry in Ghana makes a substantial contribution to the economy. The minerals Sector accounts for about 11% of fiscal receipts

25、 by the Internal Revenue Service （IRS）.Gold mining remains the highest contributor in the sector, with large scale gold mining accounting for over 80% by value of the total income from the sector. The other important minerals are, diamond, bauxite, manganese and Silver. （See Table 1）.Table 1: Income

26、 from the mining industry Jan-Dec 2005Mineral/ProducerUS$ millionJanuary-December 2005 %Gold large scale 804.9 81.3Gold small scale 96.3Total（Gold） 901.2 91.0Diamond large scale 2.9 Diamond small scale（PMMC） 31.8Total（Diamond） 34.7 3.5Bauxite 14.4 1.5Manganese 39.2 3.9Silver 0.8Grand Total 990.3Sour

27、ce: Statistical Overview of the Mineral Industry, Minerals Commission, Mar 2006. 2.2 Brief about the Extractive Industries Transparency Initiative （EITI）The Extractive Industries Transparency Initiative （EITI） was launched by the British Prime Minister, Tony Blair at the World summit on sustainable

28、Development in Johannesburg, in September 2002.2.2.1 ObjectivesThe main objective of the Extractive Industry Transparency Initiative （EITI） is to enhance transparency around the generation and spending of revenues from the extractive sector so as to improve development outcomes, reduce the potential

29、 for corruption or large scale embezzlement of funds by hosts governments, and to stimulate debate about the uses to which these revenues are put.The Initiative encourages governments, extractive companies （publicly and privately owned）, International Agencies and NGOs to work together to develop a

30、framework to promote transparency in payments in the extractive industries.2.3 EITI IN GHANAThe Government of Ghana committed itself to participate in the Extractive Industries Transparency Initiative （EITI） at the International Conference in London on June 17th 2003. A steering committee （EITI steering committee） has been set up, which is under the leadership of the Deputy Minister of State for Finance and Economic Planning and assisted by the Deputy Minister of