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1 Type of document: Scope: Status of document: RA Standard Ghana FINAL Date of this version: 1 st September, 2015 Consultation period: Title: RA document code: Approval body: Contact person: Contact Rainforest Alliance Severinus Mzungu Jembe jembe@ra.org Rainforest Alliance Standard for Verification of Legal Compliance (VLC) for Forest Management Enterprises (FME) in Ghana VER Published by Rainforest Alliance. No part of this work covered by the publisher s copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, recording taping or information or retrieval systems) without the written permission of the publisher. Introduction This Rainforest Alliance 1 Standard for Verification of Legal Compliance (VLC) for Ghana was developed based on the RA Generic VLC Standard for FMEs version 12April13 to assess and verify that Forest Management Enterprises (FMEs) in Ghana conform to the standard requirements related to forest harvesting laws and regulations applicable in Ghana. The standard also includes requirements for chain of custody (CoC) to ensure that all points along the defined supply chain maintain systems to document and control the flow of verified wood. Public Comment The Rainforest Alliance encourages public comments and inputs to standards and procedures during and outside of the official consultation period. Organizations and individuals are encouraged to submit their concerns and/or comments regarding this standard to Rainforest Alliance, using the address above. Note on the use of this standard All aspects of this standard are considered to be normative, including the scope, standard effective date, references, terms and definitions, tables and annexes, unless otherwise stated. This standard shall be used as basis for adaptation of country or region-specific Verification of Legal Conformance standards and services offered by Rainforest Alliance. Contents A Scope B Standard Effective Date C References 1 Rainforest Alliance auditing services are managed and implemented within its RA-Cert Division. All related personnel responsible for audit design, evaluation, and verification decisions are under the purview of the RA-Cert Division, hereafter referred to as Rainforest Alliance or RA.
2 D E F Terms and Definitions Standards and Requirements Part I: Principles and Criteria for Verification of Legal Compliance Part II: Principles and Criteria for Chain of Custody Part III: Multi Site Management Requirements List of Laws and Regulations applicable to Forestry Operations in Ghana and their verifiers A Scope This standard is applicable to Forest Management Enterprises (FMEs) which shall be evaluated to all principles of the standard. The standard is applied to verify specifically defined forest areas, and does not verify individual batches of material. In order to verify the existence of a credible Chain of Custody (CoC) system within the forest, FMEs shall also be evaluated against the CoC criteria for FMEs included in this standard. Any processing facility shall be evaluated against VER-23: Rainforest Alliance Generic Legality Standard for Processing and Trade. Part III of the standard is only applicable to FMEs that have two or more Forest Management Units (FMUs) included in the scope of verification. B Standard Effective Date This standard shall be effective from the version date of the approved final version. The standard may be updated annually with any newly approved versions replacing previous versions. All verified operations shall comply with the latest standard within twelve (12) months of the version date. C References VER-01VLO/VLC Supplementary Guide for Evaluation VER-04 Rainforest Alliance Generic Standard for Verification of Legal Compliance (VLC) for Forest Management Enterprises (FME) VER-20 Legality Verification Services Policy FSC-STD Controlled Wood Standard for Forest Management Enterprises FSC-STD V2-1 EN FSC Standard for Company Evaluation of Controlled Wood FSC-STD (Version 1) EN FSC Standard for Multi-site Certification of Chain of Custody Operations. D Terms and Definitions CITES: The Convention on International Trade in Endangered Species of Wild Fauna and Flora Chain of Custody (CoC): The path taken by raw materials, processed materials, finished products, and co-products from the forest to the consumer or (in the case of reclaimed/recycled materials or products containing them) from the reclamation site to the consumer, including each stage of processing, transformation, manufacturing, storage and transport where progress to the next stage of the supply chain involves a change of ownership (independent custodianship) of the materials or the products.
3 Claim Category: The type of certification or verification scheme that applies to the material/product that is being tracked within the CoC control system. Environmental and Social Impact Assessment: A voluntary assessment conducted to identify, evaluate and develop management measures for environmental and social impacts associated with the construction and operation of a project. Forest Management Enterprise (FME): Company or operation responsible for forest management. Forest Gate: The place, e.g. standing tree, landing, mill site, where the harvested verified wood changes ownership from FME to purchaser. Forest Management Unit (FMU): A clearly defined forest area with mapped boundaries, managed by a single managerial body to a set of explicit objectives which are expressed in a self-contained multi-year management plan. RA: Rainforest Alliance RA-Cert: Auditing and certification division of the Rainforest Alliance. Verification Agreement is a legal document signed by the verified organization and the Rainforest Alliance after the organization has met all of the requirements of the VLO or VLC as outlined in the standards and policies and before the organization is issued a verification statement. The agreement establishes the provisions, terms, and limitations of the verification statement. Verification Statement: Refers to the document that the Rainforest Alliance issues upon confirming that the candidate operation has met all the requirements for VLO or VLC as outlined in the standards and policies. Verification Statement Holder: Refers to the legal entity that the verification statement is issued to. In relation to multi-site verifications (verification of a whole or part of a supply chain) it is the verification statement holder that is responsible for the maintenance of conformance to the applicable standard. Compliance
4 E Standards and Requirements In this standard each principle and its associated criteria are stated along with generic indicators. All of the criteria and indicators shall be audited in every verification audit, unless certain criteria or indicators are not applicable for the jurisdiction or the operation under evaluation. Part I: Principles and Criteria for Verification of Legal Compliance Principle 1: Legal Right to Harvest The legal status of the FME shall be clearly defined and its boundaries delineated. The FME shall prove that it has validly obtained the legal right to operate and to harvest timber from within the defined FMU or legally gazette boundaries. 1.1: Clear and documented legal registration of FME with authorization to carry out forest management activities shall exist : The FME shall be duly registered at the Registrar General s Department and have valid Ghana Revenue Authority (GRA) and Social Security and National Insurance Trust (SSNIT) certificates : The FME shall hold a valid Property Mark and a Certificate of Registration of the Property Mark from the Forestry Commission of Ghana : Legal rights of FME to conduct business or forest operations shall not be a subject of administrative or judicial injunction : If the legal status and rights are being challenged, the FME shall engage in a legal and systematic process to resolve the challenges. 1.2: FME shall have legal authorization to harvest in the Forest Management Units (FMUs) : The FME shall hold a valid Timber Utilization Contract (TUC) and/or other valid and legally recognised permit(s) issued by the appropriate authority : TUC or other permit(s) shall be awarded in accordance with applicable legislation and/or administrative procedures The FME shall maintain an up-to-date map of FMUs and/or forest concession area(s) to which it has legal rights to harvest The FME shall maintain documentary records to proof that legal procedure has been followed to obtain operating permits and licenses. 1.3: Evidence shall exist that the forest management area has been legally classified for the type of land-use or commercial activities conducted : The FME shall document all FMUs and/or forest concession area, under its management with clearly mapped boundaries : The land area of the FMU and/or forest concession area shall be eligible to be subjected to the grant of timber rights as defined in relevant laws : Where applicable concerned landowners shall have given their written consent to the lands being subjected to the grant of timber rights.
5 1.3.4: The land under harvesting right shall not be the subject of land tenure or use right conflict with other stakeholders : Where land tenure or use right conflict exists, there shall be a legal and systematic process in place to resolve the conflict by all relevant stakeholders. Principle 2: Approved Planning Authorizations and Operations The FME shall have received the necessary approval for the basic and fundamental planning requirements legislated as necessary to enable forest management and shall adhere to the planning and operational requirements. 2.1: Forest management planning shall occur at all levels required by the relevant authorities and shall be in place prior to commencement of harvesting activities : Applicable management plan documents for the defined forest area approved by the appropriate authority shall be in place : Clear evidence (e.g. maps) shall confirm that the defined area and operational plans cover only the permit area : The nature and scope of applicable management plan documents (e.g. TUC Area Plan, TUC 5-year Operational Plan and Compartment Plan) shall be consistent with requirements of the Logging Manual. 2.2: Where required, approved operational or harvesting plans shall be in place : A valid harvesting schedule and/or logging plan or other operational plan endorsed by the appropriate authority shall be in place : The order of working coupe, compartments or blocks shall be consistent with the approved harvesting schedule, (annual) logging plan or operational plan : Harvesting shall commence only after all applicable approvals have been obtained and related requirements met. 2.3: Legally prescribed diameter restrictions and annual allowable cut or production quotas shall clearly be included in applicable planning and operational documents 2.3.1: Records of pre-felling inspections and where applicable stock surveys conducted for all harvesting areas or compartments shall be available : The FME shall maintain records of species-specific diameter felling limit approved for felling by the relevant authority : Approved yield and felling permits shall be in place for all operational areas. 2.4: Harvesting shall be strictly confined to areas, species and volumes approved for harvesting; these shall be adhered to in practice and, if legally required, identified in the operating or harvesting plans : The FME shall not fell trees not included in the approved yield or felling permit.
6 2.4.2: For restricted species, evidence shall exist that approval has been obtained from the relevant authority prior to felling of such trees : The FME shall be aware of regulations on CITES appendix I-III tree species and shall comply with applicable felling requirements : Harvesting shall not occur in protected areas; trees below the approved felling limit shall not be felled even if included in the approved yield : All felling activities shall be confined to within the approved de-limited felling area or compartment : Abandoned, confiscated and seized wood used by the FME shall be covered by a valid Certificate of Purchase issued by the appropriate authority in accordance with legally-established processes. 2.5: Where applicable, the FME shall comply with legally-established requirements for environmental and social assessments : Where applicable, registration and environmental permit issued by the relevant authority (e.g. EPA) shall be in place : Where applicable, social and environmental impact assessments shall be completed in accordance with requirements of the relevant authority : Where applicable, environmental management plan shall be prepared and submitted to the relevant authority. 2.6 Records and related documentation shall be maintained The FME shall keep all approval records and related documentation for a minimum of five (5) years. Principle 3: Payment of Relevant Fees and Taxes The FME shall fulfill all obligatory taxes, fees, levies, rents and/or royalty payments directly related to timber harvesting and harvest rights. 3.1: All applicable and legally prescribed fees, royalties, rents, taxes and other charges shall be paid in a timely manner : Clear and documented evidence shall exist that the FME is current with rent, stumpage payment and other harvesting related fees : The FME shall be current with payment of taxes and social security contributions for its workers : The FME shall maintain records of taxes and social security contribution payments.
7 Principle 4: Transport and Trade The FME shall adhere to applicable transport, trade, import or export regulations, procedures and restrictions. 4.1: FME shall adhere to applicable wood and wood product trade and transport regulations and/or restrictions, including regulation on offshore trading and transfer pricing where applicable : Timber shall be transported with official documentation detailing its origin and corresponding with physical identification of the timber (log transport documentation (e.g. LMCC, LTC, and/or Product Inspection Certificate) : For auctioned wood, valid Certificate of Purchase issued by the appropriate authority shall be in place : Wood and wood products shall be transported within the daily time period permitted by law : The FME shall maintain records of all wood exports to confirm that approved contracts and export permits were issued for all wood exports. 4.2: Permission to trade CITES-listed species shall be documented, and compliance with the applicable provisions and requirements of CITES shall be demonstrated : Legally required permits shall be obtained from the relevant CITES management authority prior to felling, processing and trade in CITES-listed species. 4.3: FME shall document clear evidence of possession of applicable official documents (e.g., customs documents) of wood and wood products for import and export in accordance with relevant laws and regulations : FME shall hold valid certificate of registration, valid annual license (from TIDD), and export permit where applicable, from the relevant authorities for sale and shipping of wood products. NOTE: All material shall be classified correctly according to species, quality and quantity. Principle 5: Fulfilment of Harvesting Regulations The FME shall be operating in compliance with legal requirements relating to the harvesting of forest products. Management plans and annual operating plans as required by law shall exist, shall contain accurate information, and be adequately implemented. This principle provides additional requirements in addition to the requirements of Principle : Compliance with relevant local and national laws, and legally-binding codes of practice relating to forest management and harvesting operations shall be documented : FME shall adhere to applicable harvesting procedures developed by the appropriate authority (fells trees in the approved yield, labels tree stumps, crosscut tree into logs and label them appropriately, captures log parameters and record using prescribed procedures)
8 5.1.2: FME shall adhere to all legally prescribed specifications for harvesting, in addition to those covered in criteria 2.3 and 2.4, covering aspects such as timing, harvesting procedures, equipment, and/or layout of harvest : The FME shall adhere to relevant timber harvesting standards and/or specifications of the Logging Manual and the Manuals of Procedures (MOPs). 5.2: FME shall be in compliance with applicable forest management planning requirements : All legally required management plans (as identified under section 2.1) shall be available and at an appropriate level of detail : The FME shall implement applicable management planning in accordance with established requirements. 5.3: Where applicable, the FME shall be in compliance with harvesting plan and annual operating plan requirements : The annual operating or logging plan shall be prepared based on the compartment map and information from other relevant sources including the pre-survey compartment inspection and the stock survey : Where applicable, the requirements for road construction, felling, skidding and log markings shall comply with the provisions of the Ghana Logging Manual and other related administrative requirements. Principle 6: Fulfilment of Environmental Regulations The FME shall demonstrate compliance with local and national laws relating to the environmental obligations of a forest management operation, including but not limited to conservation of protected areas, wildlife, rare, threatened and endangered species, water and soil. 6.1: FME shall implement mandatory environmental precautions and impact mitigation measures required (e.g. those related to soil damage, buffer zones, retention of trees, seasonal restrictions) 6.1.1: The FME shall adhere to protection measures identified in the Logging Manual and carry out harvesting to avoid damage to identified fine grain protection areas on the yield map and compartment logging plan. 6.2: FME shall implement legally required measures for protected areas and protected species : FME shall have records of pre-harvest survey and inspections identifying protected areas and species in the defined forest area : FME shall ensure that harvesting operations do not damage identified protected areas and species.
9 6.2.3: The FME shall maintain records of post-harvest inspections and compartment closure certificate : There shall be no unresolved non-compliance arising from post-harvest inspections and checks FME shall be in compliance with legal requirements of environmental monitoring and relevant prescriptions of the Ghana Logging Manual : Where applicable, FME shall demonstrate compliance with environmental monitoring requirements : The FME shall comply with environmental standards as prescribed by the Logging Manual. Principle 7: Worker s Rights The FME shall demonstrate compliance with local and national laws relating to social issues such as health and safety, labor laws, and third parties use rights. 7.1: FME and contractors shall meet all applicable laws and/or regulations covering health and safety of employees and ensure that employees and workers work under satisfactory safe and healthy conditions : The FME shall take measures to prevent accidents and injury to health arising of, connected with, or occurring in the course of work by minimizing the causes of hazards inherent in the working environment 7.1.2: Employees and contractors shall be provided with safe working environment and personal protective equipment appropriate to their task : Employees and contractors shall have access to appropriate health facilities : Workmen compensation insurance shall exist for all workers and contractors shall be fairly compensated for occupational injuries or accidents : Employees and contractors shall be provided with adequate health and safety training consistent with the risk associated with their responsibilities : The FME shall maintain records demonstrating compliance with laws including requirements of the Factories Inspectorate Department e.g. valid health and safety certificate and/or inspection report Adequate precautionary measures shall be in place to provide worker safety in the event of fire. 7.2: Provisions for collective bargaining and the employment status of FME employees shall be consistent with the Ghana Labour Law : Where applicable, employment contracts shall exist for all employees in accordance with the Ghana labour law.
10 7.2.2: There shall be a binding and respected Collective Bargaining Agreement (CBA) between the FME and the local workers union : Conditions of employment, including wages and other relevant benefits, shall be consistent with the CBA and the Ghana labour laws. 7.3: FME shall adhere to the provisions on the rights of workers established in the Ghana Labour Law and regulations as well as applicable international conventions : FME shall adhere to the International Labour Organization's Fundamental Principles on: Freedom of Association and Protection of Right to Organize. Forced labour. Right to organize and collective Bargaining. Discrimination (Employment and Occupation). Worst forms of child labour : The FME shall comply with the Ghana Labour Act s provisions on the right of the worker including the right to: Work under satisfactory, safe and healthy conditions; Receive equal pay for equal work; Have rest, leisure and reasonable limitation of working hours and period of holidays with pay as well as remuneration for public holidays; Form or join a trade union. Be trained and retrained for the development of his or her skills and; Receive information relevant to his or her work. Principle 8: Third Parties rights 8.1: Respect for other parties legal tenure or use rights to land and other resources that may be affected by timber harvest rights, where such other rights exist. FME shall strictly adhere to legally recognized social obligations and/or customary right : A documented social responsibility agreement (SRA) shall exist between the FME and eligible local communities : The SRA content and procedures shall comply with approved guidelines and administrative requirements of the appropriate authority : The FME s social obligations shall be consistent with legally established requirements (minimum of 5% of total stumpage value for the development of local communities) : The FME shall respect cultural norms and legally-established access and use rights of local communities : Where local infrastructure or other property is damaged in the cause of logging operations, speedy repair shall be effected or a fair and prompt compensation shall be paid by the FME.
11 8.1.6: A dispute resolution mechanism shall exist and all stakeholders shall be well informed of the grievance reporting and resolution process. Principle 9: Control of Unauthorized Activities The FME shall identify, monitor, and implement activities to control illegal or unauthorized activities that may occur within the FMU. 9.1: Illegal or unauthorized activities including illegal logging, poaching or illegal settlement, that occur within the FMU shall be identified and documented : The FME shall monitor and identify any unauthorized or illegal activities within the FMU : The FME shall maintain records of identified unauthorized activities and measures implemented to prevent occurrence of unauthorized activities. 9.2: Illegal or unauthorized activities shall be controlled in collaboration with the resource owner, regulatory agencies, and other relevant parties as appropriate : The FME shall demonstrate its collaboration with relevant stakeholders to control illegal or unauthorized activities.
12 Part II: Principles and Criteria for Chain of Custody (CoC) Documented control of the Chain of Custody (CoC) of forest products is fundamental to the traceability of verified forest products from the forest source through manufacturing and distribution to ensure the authenticity of a verified product claim. This principle applies from the point of harvest up to the forest gate for FMEs. Note: in the CoC criteria, verified refers to materials qualifying as Rainforest Alliance VLO/VLC or equivalent. 10 Quality System Criteria 10.1 FME shall define CoC system responsibilities and appoint staff positions, including the following: a) One overall responsible person shall be designated for the CoC control system; b) Individual responsible persons shall be designated for each critical control point in the CoC control system FME shall develop and maintain an up-to-date documented control system, procedures and/or work instructions to ensure implementation of all applicable CoC standard requirements FME shall develop and implement procedures for internal auditing of its systems as related to the requirements in this standard FME shall develop and implement procedures for addressing non-conformances (e.g. nonconformity reports, corrective action requests, observations) identified by auditors FME shall develop training requirements and implement training as follows: a) All applicable staff and workers shall be trained on the CoC procedures to a degree relevant to the scale and complexity of the system and responsibility; and, b) Records shall be kept to demonstrate training has taken place FME shall define and document verified product group under applicable Claim Categories FME shall define the sales system(s) or Forest Gate for each verified product covered by the CoC system (e.g., standing stock, sale from log yard in the forest, sale at the buyer s gate, sale from a log concentration yard) FME shall develop and maintain records to document quantities of verified materials for the following: a) Production of materials; b) Outputs sold with and without a claim. 11 Material Handling and Segregation 11.1 FME shall develop and implement an effective timber tracking system to demonstrate traceability from standing timber until ownership is transferred at the forest gate.
13 11.2 FME procedures and practices shall control the risk of mixing verified forest products with non-verified products which originate outside the scope of the verification A system shall exist to identify FME products as verified (e.g., through documentation or marking system) at the forest gate FME shall keep verified material physically separate as secure units at all stages of harvesting, storing, and transporting All material that cannot be identified as verified shall be kept physically separate from verified material. Note: material that is pending evidence of its legal status shall be kept separate until such time that adequate documentation is obtained FME shall use a distinguishing mark (e.g., the verification code) to identify products as verified at all stages of handling FME shall develop and implement procedures to ensure that markings to identify Rainforest Alliance verified materials are distinguishable from other verification/certification markings and claims. 12 Shipping and Sales Criteria 12.1 FME shall include claim information on sales invoices and shipping documents, including the following: a) The quantity/volume and species for each product; b) The Rainforest Alliance verification code RA-VLC-XXXXXX. 13 Claims and Public Information 13.1 FME shall not use the VLC claim until it is in possession of a valid Rainforest Alliance Verification Statement FME shall have procedures to ensure that all VLC verification claims follow the applicable Rainforest Alliance policies: a) On-product labeling shall not be permitted; b) Rainforest Alliance Trademarks for off-product promotion shall not be used; public promotion of the VLC claim shall not be permitted. c) Use of the verification code (RA-VLC-XXXXXX) on products shall only be used for traceability of products; d) Business to business communication and promotion of VLC shall be approved by RA-Cert prior to being released by the organization for use FME shall have procedures in place and demonstrate that all review and approval correspondence with Rainforest Alliance for verification claims is kept on file for a minimum of five (5) years.
14 Part III: Multi-site Management Requirements The multi-site management criteria have been developed to facilitate evaluation of organizations that have two or more sites included in the scope of their supply chain and wish to manage those under one Verification Statement. The multi-site management requirements, plus communication with Rainforest Alliance, are coordinated by the Verification Statement Holder. Multi-site criteria allow Rainforest Alliance to evaluate the participating sites based on audit sampling in recognition of control and reporting systems monitored by the Verification Statement Holder. In addition to these criteria, Rainforest Alliance shall ensure that all sites included in the verification scope of a multi-site supply chain comply with all relevant legality and CoC requirements in the VLO or VLC verification standards as applicable. 14 Documented Procedures and Responsibility 14.1 The Verification Statement Holder shall appoint one person (or position) with overall responsibility for the multi-site management and conformance with Rainforest Alliance s multi-site management requirements The Verification Statement Holder shall have documented procedures in place, covering all multi-site requirements of this standard. 15 Records 15.1 The Verification Statement Holder shall have access to, and collate data from all sites for Rainforest Alliance s annual audits as well as upon request The Verification Statement Holder shall maintain up-to-date, centralized records for all sites for a minimum of five (5) years, including: a) List of sites in the verification scope, including name, address, site manager, date of entry, and date of removal when applicable; b) Records showing the scope of verification for each site; c) Volume summary data for each product group, including purchases, production and conversion, inventory, and sales for each site. 16 Site Management and Auditing 16.1 All sites in the scope of the verification shall have signed a consent form that includes the following: a) Agreement to conform to the obligations and responsibilities of participation in the multi-site verification for the period as described in the Verification Statement Holder procedures and the Rainforest Alliance VLC Verification Agreement; b) Agreement to conform to the relevant Rainforest Alliance Standard(s) and correct any non-conformances identified by Rainforest Alliance and/or the Verification Statement Holder Prior to admitting a new site into the scope of the verification, the Verification Statement Holder designated auditor shall carry out an initial audit of each site to ensure that it
15 complies with all the requirements of the applicable Rainforest Alliance verification standard The Verification Statement Holder designated auditor shall carry out an audit of each site at least once a year to confirm continual conformance with all the requirements of the applicable Rainforest Alliance verification standard When non-conformances are found during internal audits, the Verification Statement Holder shall issue corrective actions for the non-conformances to applicable sites and verify implementation The Verification Statement Holder shall provide reports with the results of all internal audits.
16 F: List of Laws and Regulations Applicable to Forestry Operations in Ghana Category Name of law/regulation Verifiers 1. Legal rights to harvest 1.1 Resource tenure and management rights Forest Land use rights in Ghana are defined by Act 547 (Timber Resources Management Act, 1997, Section 4) and LI 1649 (Timber Resources Management Regulations, 1998; Regulations 1, 2-8). See Also Act 617 (Timber Resources Management, Amendment, Act, 2002) and LI1721 (Timber Resources Management, Amendment, Regulations, 2003) 1.2 TUCs/Timber rights Requirements and procedures for concession licenses in Ghana are contained in Act 547 (section 1, 7, 8, 9), LI 1649 (S 38) and LI 1721 (Regulations 9-13) 1.3 Harvesting permits Regulations on harvesting permits are contained in Act 547 (section 1-3, 8) And LI 1649 (part I-III). See also LI1721 for amendments related to LI1649 Trees and Timber Decree 1974 (NCRD 273) and Trees and Timber (Amendment) Act 1994 (ACT 493) 1.4 Management and harvesting planning 2. Taxes and fees Main regulations covering management of harvesting operations are contained in Act 547 (section 10 and 12) and LI 1649 (Part IV). Additionally, the Forestry Commission (FC) has developed Manual of Operations, which are applicable regulations given that these are statutory guidance documents, for forest management in Ghana. These are : i. Section A: Strategic Planning ii. Section B: Operational Planning iii. Section C: Sustainable timber production for Reserves iv. Section D: Stock Survey and Yield Allocation v. Section E: Timber Harvesting Schedules for Forest Reserve vi. Section F: Controlled Timber Production Off-Reserves vii. Section G: Wildfire Management [ Note that the Ghana Forest Management Certification Standard has local indicator related to wildfire management) viii. Logging manual for Ghana Valid Timber Utilization Contracts (TUCs) and/or Leases Valid TUCs and/or Leases/Timber Utilization Permits (TUPs), Harvesting permit (Approved Yield/Yield Markings), Salvage permit Valid Property Mark Valid Harvesting Schedule Valid Approved Yield/Yield Marking Harvesting permits Forest Management Plan TUC Area management Plan Compartment Logging Plan Stock Summaries and Maps Yield Summaries and maps
17 Category Name of law/regulation Verifiers The principal applicable regulations are Act 547 (Section 8e), LI 1649 (Part V). The following regulations provide additional background information: Act 493; Act 124: Concession Act, 1962; LI 1576: The forest Fees (Amendment Regulations, 1993; and LI Payment of royalties and harvesting fees 2.2 Value added taxes and other sales taxes Regulations on export levy are defined by Act 493 (The Trees and Timber Amendment Act, 1994, Part IIA). Free Zone companies are required to meet the requirements of the Free Zone Act (Act 504, 1995). Value Added Tax Act (Act 546, 1998 but also see amendments in 2006, 2007 and 2008) defines the requirement and businesses for which VAT is applicable. Registration and annual renewal fees related to shipment, port and harbour (Act 645: Ghana Shipping Act, 2003). 2.3 Income and profit taxes Main regulations related to payment of corporate taxes are contained in Act 592 (The Internal Revenue Act, 2000: section 7). 3. Timber harvesting activities 3.1 Timber harvesting regulations 3.2 Protected sites and species 3.3 Environmental requirements Regulations on harvesting permits are contained in Act 547 (section 1-3, 8) Main regulations covering management of harvesting operations are contained in Act 547 (section 10 and 12) and LI 1649 (Part IV). Act 547 (Amendment 617) and LI1649 (Amendment 1721) provides the main regulation for forest management. Other applicable regulations includes: Act 43: wild animals preservation Act, 1961; LI 1452: Wildlife Conservation Regulations (Amendment 1989), LI 1357: Wildlife Conservation Regulation (Amendment 1988), LI 685: Wildlife Conservation Regulations 1971 Applicable environmental regulations includes; Act 547, LI 1649, Act 490: The Environmental Protection Agency Act, 1994; LI 1652: the Environmental Assessment Regulation, 1999; and the Logging Manual 3.4 Health and safety Applicable Health and Safety regulations includes: Act 238: Factories, Offices and Shops Act, 1970; Current FC Account Statement for each applicable Forest District. Stumpage and other Forestry Fees payment receipts Formally Agreed Payment Schedules Valid Tax Clearance Certificate; VAT, Corporate, GRA TAX receipts, Export Levy receipts/lcs/bank advice FZB returns Valid Ghana Shippers Council Certificate of Membership. Valid GRA TAX clearance certificate GRA Tax Payments receipts Staff PAYE Permit for Restricted Species Approved Yield/Yield Marking, Tree Information Forms (TIF) Log Information Form (LIF) Operators Felling Reports Operators harvesting procedures ; Compartment closure Certificate, Special permits for restricted species Forest Management Unit (FMU) and/or TUC maps Valid Harvesting schedule; Operators harvesting procedures Environmental Impact Assessment (EIA) report approved by the EPA Operators harvesting procedure or Environmental Management Report Current report of the Factory Inspectorate Department
18 Category Name of law/regulation Verifiers Act 651: Ghana Labour Act, 2003; The Workmen s Compensation Law (PNDC Law 187), National Health Insurance Authority (Amendment) Act 2012, Act 852 Act 528: Pesticides Control and Management Act 1996 Operators H&S policy, procedures Records of Purchase and Provision of PPEs Health and Safety Training Records of compensation of work-related injury. 3.5 Legal employment Act 651 and the Social Security Law 1991 Employees contracts, SSNIT registration numbers of employees SSNIT clearance Certificate Receipts of SSNIT Contributions Collective Bargaining Agreement Operators employment policy 4. Third parties rights 4.1 Customary rights Forest Ordinance Act 547 and LI Free Prior and Informed Act 547 and LI 1649 Consent 4.3 Indigenous peoples rights Not Applicable 5. Trade and transport NOTE: This section covers requirements for forest management operations as well as processing and trade. 5.1 Offshore trading and transfer pricing No identifiable regulation yet. However see section 2 above and also Timber Export Development Board Law, 1985 (PNDC Law 556); The Forest Products Inspection Bureau Law, 1985 (PNDC Law 17) The transfer pricing regulations 2012 (LI 2188) 5.2 CITES LI 1649 and GFMCS annex 2 (schedule 6) Note: CITES regulations are integrated in the forest management framework in Ghana. In essence CITES species are not harvested as part of the normal yield process in Ghana. 5.3 Trade and transport Main transport regulations for timber are forest products are : LI 1649 (Section 18); Road Traffic Offences Regulations 1974 (Section 15, TUCs Technical Operations Specification (TORs) Signed Social Responsibility Agreement with eligible communities Records of payment of SRA proceeds Forest Reservation Settlement Commissioners Report TIDD Timber Export guiding price list Records TIDD Export Contract approval TIDD Export Permits FC Restricted Species Permits FMU Species list Logs Measurement and Conveyance Certificate (LMCC) Truck Axel Weight Certificate
19 Category Name of law/regulation Verifiers subsection 1 & 2); Act 683, Road traffic Act, 2004 (Sections 4, 21, 28 and 82+) 5.4 Classification of species, quantities, qualities Regulations on tree species classification is contained in LI 1649 schedule 2 and 6. Some form of Product classification (for export levy) is contained in Act 493. Additional information on product classification is outlined in annex 1 of the Ghana-EU VPA agreement 5.5 Custom regulations Applicable Regulations includes PNDC Law 330 (Customs, Excise and Preventive Service Management- Law and its subsequent amendments), PNDC Law 556 and PNDC Law 17. FC Felling Limit Approved Yield Summaries Yield markings Phytosanitary certificate Valid Export Permits Valid GPHA permit TIDD Certificate of Registration List of applicable forestry legislation Forest Ordinance Cap Forest (Amendment) Ordinance No Forest (Amendment) Ordinance No.10 of Concessions Act CAP Concessions Act (Act 124) Ghana Timber Marketing Board (recovery of loans) Act, NLCD Timber Operations Government Participation Act., NRDC Forest Protection Act, NRCD Timber Industry and Marketing Board Amendment Act, SMCD Forest Protect (Amendment) Act Trees and Timber Decree, NRCD Trees and Timber Amendment Law, PNDCL Trees and Timber Amendment Act, Act Control and Prevention of Bushfire Act Timber Resources Management Act Timber Resources Management (Amendment) Act Timber Resources Management Regulations Timber Resources Management Amendment Act Timber Resources Management Amendment Regulations Timber Resources Management (legality licensing) Regulations Forestry Commission Act Forest Plantation Development Fund Act Forest Plantation Development Fund (Amendment) Act
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