Digital Economy and Innovation Development Fund Bill – formerly GIFEC in Electronic Communications Act
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Watch an AI-generated discussion breaking down this bill in plain language, exploring its key provisions and potential impacts on Ghana's digital innovation sector.
Executive Summary
The Digital Economy and Innovation Development Fund Act establishes a dedicated fund to accelerate Ghana's digital transformation by providing financial and technical support for digital infrastructure, innovation, skills development, and inclusive access to digital services. The Act repeals relevant sections of the Electronic Communications Act of 2008 and creates a comprehensive framework for sustainable digital economy development.
Governance and Funding Structure: The Fund operates under a Board of Trustees comprising representatives from the Ministry, National Communications Authority, Ghana Chamber of Telecommunications, Mobile Network Operators, Parliament, and presidential appointees. The Fund draws resources from multiple sources including Parliamentary allocations, mandatory contributions from electronic communication and money service providers, government ICT sector revenue, grants, donations, and investment income. An Administrator appointed by the President manages daily operations, while the Fund benefits from tax exemption under the Constitution and Exemptions Act of 2022. The Fund's core functions include gathering financial resources, investing in broadband infrastructure, promoting digital entrepreneurship, financing digital skills programs, and developing digital public services like e-health and e-education.
Funding Priorities and Disbursement: The Act prioritizes underserved areas and digital inclusion, directing funds toward improving digital access and infrastructure in communities lacking connectivity, supporting digital innovation through grants to startups and entrepreneurs, promoting digital literacy and skills development, and co-financing digital economy projects with the private sector. The disbursement principles emphasize fairness, transparency, and focus on projects that improve digital access, literacy, and innovation, particularly in underserved communities. Eligible beneficiaries include telecommunications companies working in underserved areas, digital start-ups, organizations offering digital skills training, government bodies implementing digital infrastructure, universities with digital innovation programs, and community organizations involved in digital initiatives. The Fund employs various funding modalities including grants, co-investment partnerships, results-based financing tied to performance metrics, and subsidies or digital vouchers.
Accountability and Transparency Mechanisms: The Act establishes robust oversight through multiple channels. The Auditor-General conducts annual audits and reports to Parliament, the Minister, and the Board, while an Internal Audit Unit submits quarterly reports with improvement recommendations. The Fund must maintain public disclosure through a website updated at least quarterly with information on funding allocations, project progress, financial data, and audit findings, while protecting data privacy. Performance-based funding and monitoring ensures recipients are evaluated against agreed goals, with annual impact reports measuring improvements in digital access, skills training, and economic well-being. However, the Minister retains authority to issue binding policy directives to the Board, which could affect Board independence. Board members face strict conflict of interest requirements with mandatory disclosure and removal for violations, while duties and liabilities require members to act in good faith with the same care as company directors, prohibiting misuse of information or position for personal gain.
Business and Operational Implications: For telecommunications and money service providers, the Act creates new mandatory contribution obligations as a funding source, potentially affecting operational costs and pricing structures. The Board may recommend tariff and interconnection policies to the National Communications Authority to support fair pricing for rural services and prevent cost-shifting to rural customers. For digital startups and entrepreneurs, the Fund provides structured access to capital through multiple funding mechanisms, though success depends on meeting project prioritization criteria that favor underserved areas, digital services establishment, and nationally important projects. The guidelines for disbursement will be developed with stakeholder input and made publicly available, covering eligibility, support types, tendering procedures, and innovation support. Organizations receiving funding face monitoring and evaluation requirements including independent monitoring, financial and performance reporting, and public disclosure of results. The Act grants the Minister broad authority to create regulations detailing contribution mechanisms, funding allocation processes, and performance management, while the Board can issue operational guidelines covering fund management, ethical standards, technical processes, and compliance requirements.
Impact Analysis
Digital Innovation
The Digital Economy and Innovation Development Fund Act creates a transformative framework for digital innovation in Ghana by establishing dedicated financial and institutional support for the innovation ecosystem. The Act's core object establishes a sustainable mechanism to mobilize resources specifically for digital inclusion and innovation, while the [Fund's...
Freedom of Speech
Privacy & Data Rights
Business Environment
The Digital Economy and Innovation Development Fund Act creates substantial opportunities for business growth and development in Ghana's digital economy sector. The Fund establishes a comprehensive support framework that directly addresses key barriers facing digital businesses: access to capital, market development costs, and the commercial challenges of serving underserved areas. Through...
Key Provisions
Application of the Act
Plain Language Summary
This law applies to public, private, and non-profit organizations that interact with the Fund. This includes entities that donate to the Fund, those that want to use the Fund's resources, and those that collaborate with the Fund. Essentially, any organization involved with the Fund in any of these ways is subject to this law.
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This Act applies to a public, private or non-profit entity that
- (a) contributes to the Fund; - (b) seeks to access the Fund; or - (c) partners with the Fund.
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Object of the Act
Plain Language Summary
This Act aims to create a clear and lasting way to raise and distribute money to boost digital access and innovation in underserved areas. It establishes the Digital Economy and Innovation Development Fund to manage resources, acquire property, and enter into agreements. The Fund can also acquire land for its operations under existing land laws.
Show Original Legal Text
The object of this Act is to provide a sustainable and transparent mechanism to mobilise and allocate financial and other resources to accelerate digital inclusion and innovation in the underserved and unserved areas.
(1) There is established by this Act the Digital Economy and Innovation Development Fund as a body corporate.
(2) The Fund may for the performance of the functions of the Fund acquire and hold property, dispose of property and enter into a contract or any other related transaction.
(3) Where there is hindrance to the acquisition of land, the land may be acquired for the Fund under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Fund.
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Object of the Fund
Plain Language Summary
The Fund aims to provide financial and other support to expand digital access, especially in underserved areas. It also seeks to foster growth in the digital economy by supporting innovation and workforce development. Finally, the Fund promotes the use of digital solutions to improve governance, services, and job creation.
Show Original Legal Text
The object of the Fund is to provide financial and non-financial support to facilitate and accelerate
- (a) universal access to digital infrastructure and services in underserved and unserved areas to close coverage, upgrade, and usage gaps in broadband and digital service delivery across the country; - (b) the growth of the digital economy of the Country through support for innovation, entrepreneurship, and technology development;(c) the development of a digitally skilled and inclusive workforce; and
(d) the deployment of digital solutions that enhance governance, service delivery, productivity, and job creation.
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Functions of the Fund
Plain Language Summary
The Fund will gather financial resources from various sources to support digital projects. It will provide funding and support to digital economy projects, invest in broadband infrastructure, and promote digital entrepreneurship. The Fund will also finance digital skills programs and the development of digital public services like e-health and e-education, while collaborating with partners and monitoring the impact of its investments.
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To achieve the object of the Fund, the Fund shall
- (a) mobilise financial and non-financial resources from public, private and donor sources; - (b) provide resources, grants, subsidies, co-financing or other support to eligible digital economy and innovation projects; - (c) promote investments in broadband and connectivity infrastructure in underserved and unserved areas; - (d) support digital entrepreneurship, start-ups, innovation hubs and FinTech initiatives; - (e) finance programmes for digital skills development including youth, women and vulnerable groups; - (f) fund the development and uptake of digital public infrastructure and services including e-health, e-education, e-agriculture and e-government platforms; - (g) collaborate with development partners, private sector actors, academic institutions and civil society organisations; - (h) establish frameworks for monitoring, evaluating and reporting on the use and impact of the resources of the Fund; and - (i) perform any other function ancillary to the achievement of the object of the Fund.
Governance of the Fund
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Governing body of the Fund
Plain Language Summary
This provision establishes a Board of Trustees to govern the Fund. The Board includes representatives from the Ministry, the National Communications Authority, the Ghana Chamber of Telecommunications, Mobile Network Operators, Parliament, and presidential appointees. The President appoints all members, who must take official oaths before beginning their service.
Show Original Legal Text
(1) The governing body of the Fund is a Board of Trustees consisting of
- (a) the Minister or a representative of the Minister as chairperson; - (b) the Administrator of the Fund; - (c) a representative each of - (i) the National Communications Authority, not below the rank of a Director, nominated by………………………... ; - (ii) the Ministry, not below the rank of a Director, nominated by……............…..; - (iii) the Ghana Chamber of Telecommunications, nominated by……………………..; - (iv) the Mobile Network Operators, nominated by………………………; - (d) a member of the Parliamentary Select Committee on Communications nominated by that Committee; and - (e) two other persons nominated by the President, one of whom is a woman.
(2) Members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.
(3) The chairperson and other members of the Board shall, before assuming office, take and subscribe to the Official Oaths specified in the First Schedule.
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Functions of the Board
Plain Language Summary
The Board is responsible for setting the Fund's policies, overseeing its strategy, and ensuring it is well-governed. In carrying out these responsibilities, the Board must follow the rules outlined in this Act and any other relevant laws. This ensures the Fund operates within a legal and strategic framework.
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- (1) The Board is responsible for the policy direction, strategic oversight, and governance of the Fund.
(2)The Board shall, in the performance of this function, have regard to this Act and any other relevant enactment.
- (1) A member of the Board, other than the Administrator, shall hold office for a term of four years and is eligible for re-appointment for another term only.
(2) A member may resign from office by notice in writing addressed to the President through the Minister.
(3) The President may, by a letter addressed to a member, revoke the appointment of that member.
(4) A member of the Board, other than the Chief Executive Officer, who is absent from three consecutive meetings of the Board without reasonable cause ceases to be a member of the Board.
(5) Where a member of the Board is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability may result in the declaration of a vacancy.
- Where there is a vacancy
- (a) under subsection (2) or (3) or subsection (2) of section 11,
- (b) as a result of a declaration under subsection (5), or
- (c) by reason of the death of a member,
the Minister shall notify the President of the vacancy and the President shall, in accordance with this Act, appoint another person to fill the vacancy for the unexpired term.
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Duties and liabilities of a member of the Board
Plain Language Summary
This provision defines the duties and potential liabilities of members of the Board. Board members must act in good faith and with the same level of care as company directors. They are prohibited from misusing information or their position for personal gain, and failure to comply can result in a fine.
Show Original Legal Text
- (1) A member of the Board has the same fiduciary relationship with the Fund and the same duty to act in good faith as a director of a company incorporated under the Companies Act, 2019 (Act 992).
(2) Without limiting subsection (1), a member of the Board has a duty
- (a) to act honestly in the performance of the functions of that member;
- (b) to exercise the degree of care and diligence in the performance of the functions of that member that a reasonable person in that position would reasonably be expected to exercise in the circumstances;
- (c) not to use information acquired by virtue of the position of that member as a member of the Board without authorisation; and
- (d) not to make improper use of the position of the member so as to gain directly or indirectly, a benefit for the member or for any other person or cause loss to the Fund.
(3) A member of the Board who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than three hundred and fifty penalty units and not more than six hundred and fifty penalty units.
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Meetings of the Board
Plain Language Summary
The Board must meet at least once every three months, led by the Chairperson or a member chosen by the group. Decisions are made by a majority vote, with the Chairperson having a tie-breaking vote. Five members, including representatives from both public and private sectors, must be present for a meeting to proceed. The Board can also invite people to attend meetings who are not members, but these attendees cannot vote.
Show Original Legal Text
- (1) The Board shall meet at least once every quarter for the conduct of business at a time and place determined by the Chairperson.
(2)The Chairperson shall preside at meetings of the Board and in the absence of the Chairperson, the members present shall elect one of their number to preside.
(3)The quorum for a meeting of the Board is five members, including at least one representative each from the public and private sectors.
(4) Matters before the Board shall be decided by a majority of the members present and voting and in the event of a tie, the Chairperson shall have a casting vote.
(5) The Board may co-opt any person to attend its meetings but such person shall not have a right to vote.
(6) The Chairperson shall, upon receipt of a written request by not less than onethird of the members of the Board, convene an extraordinary meeting of the Board at a time and place determined by the Chairperson, but not later than fourteen days from the date of the request.
(7) A vacancy in the membership of the Board or any defect in the appointment or qualification of a member does not invalidate proceedings of the Board.
(8) Subject to the provisions of this Act, the Board may determine the procedure for its meetings and the regulation of its own affairs.
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Disclosure of interest
Plain Language Summary
This provision requires Board members to disclose any personal interests they have in matters before the Board. If a conflict exists, the member cannot participate in discussions or decisions related to that matter. A member who violates this rule will be removed from the Board.
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(1) A member of the Board who has an interest in a matter for consideration by the Board shall
- (a) disclose in writing the nature of that interest and the disclosure shall form part of the record of the consideration of the matter; and - (b) not participate in any deliberations or decisions of the Board relating to that matter.
(2) A member who contravenes subsection (1) ceases to be a member of the Board from the date of the contravention.
(2) A committee established under this section shall be chaired by a member of the Board.
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Allowances
Plain Language Summary
This provision states that members of the Board and its committees will receive allowances. The amount of these allowances must be approved by the relevant Minister, in consultation with the Minister responsible for Finance. This establishes a process for determining and approving compensation for board members.
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- A member of the Board or a member of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.
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Policy directives
Plain Language Summary
This provision allows the Minister to provide written policy instructions to the Board. The Board is required to follow these instructions. This ensures that the Board's actions align with the Minister's policy objectives.
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- The Minister may give written directives to the Board on matters of policy and the Board shall comply.
Administrative provisions
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Administrator of the Fund
Plain Language Summary
The President will appoint an Administrator to manage the Fund. This Administrator is responsible for the Fund's daily operations and for carrying out the decisions made by the Fund's Board. The Administrator also takes on other duties as determined by the Board, and their specific job conditions are detailed in their appointment letter.
Show Original Legal Text
- (1) The President shall, in accordance with article 195 of the Constitution, appoint an Administrator for the Fund.
(2) The Administrator shall hold office on the terms and conditions specified in the letter of appointment.
(3) The administrator
(a) is responsible for the day-to-day management of the Fund;
(b) is responsible for the implementation of the decisions of the Board; and
(c) shall perform any other function determined by the Board.
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Deputy Administrator
Plain Language Summary
This section describes the role of the Deputy Administrator for the Fund. The President will appoint this individual, and their specific job conditions will be detailed in their appointment letter. The Deputy Administrator will support the Administrator in their duties and take on other responsibilities as assigned.
Show Original Legal Text
- (1) The President shall, in accordance with article 195 of the Constitution appoint a Deputy Administrator for the Fund.
(2) The Deputy Administrator shall hold office on the terms and conditions specified in the letter of appointment.
(3) The Deputy Administrator shall
(a) assist the Administrator in the performance of the functions; and
- (b) perform any other duty as may be assigned by the Administrator or the Board.
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Appointment of other staff of the Fund
Plain Language Summary
This provision describes how the Fund will be staffed. The President is responsible for appointing necessary staff members. The Board also has the authority to hire consultants and advisors with specialized knowledge to support the Fund's work, under terms approved by the Board.
Show Original Legal Text
- (1) The President shall, in accordance with article 195 of the Constitution, appoint other staff of the Fund as may be necessary.
(2)The Board may engage the services of consultants or advisors with expertise in matters relevant to the mandate of the Fund on terms approved by the Board.
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Offices of the Fund
Plain Language Summary
The main office of the fund must be located in Accra. The fund's board has the power to create additional offices in different regions or districts throughout the country if they deem it necessary. This allows the fund to have a presence beyond the capital city.
Show Original Legal Text
- (1) The head office of the Fund shall be in Accra.
(2) The Fund may establish regional or district offices in other parts of the country as the Board may determine.
Financial Provisions
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Sources of money for the Fund
Plain Language Summary
The Fund receives money from several sources. These include funds approved by Parliament, mandatory contributions from electronic communication and money service providers, and a portion of government revenue from the ICT sector. Additionally, the Fund can receive grants, donations, income from investments, and any other funds lawfully payable to it. These combined sources ensure the Fund has the financial resources to operate.
Show Original Legal Text
The sources of money for the Fund are
- (a) moneys approved by Parliament; - (b) a mandatory quarterly contribution of three percent of net revenues from electronic communications service providers and licensees specified in Second schedule. - (c) one percent of net revenue from electronic money issuers; - (d) one percent of the total revenue generated by the Government from the ICT sector, including taxes, levies, regulatory fees, and statutory charges, as may be prescribed by regulations; - (e) grants, donations and gifts; - (f) income generated from investments made by the Fund; and - (g) any other money that may become lawfully payable to the Fund.
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Bank account of the Fund
Plain Language Summary
This provision mandates that the Fund's money be deposited in a dedicated bank account. To ensure proper oversight, the opening of this account must be approved by the Controller and Accountant-General. This requirement promotes financial transparency and accountability in managing the Fund's resources.
Show Original Legal Text
The moneys of the Fund shall be paid into a bank account opened for the Fund with the approval of the Controller and Accountant-General.
- The Board may invest part of the Fund that is not required for immediate use in (a) government securities;
- (b) instruments approved by the Bank of Ghana; or
- (c) any other secure investment approved by the Board, in consultation with the Minister responsible for Finance.
(2) Returns on investments shall accrue to the Fund.
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Retention and roll-over of Funds
Plain Language Summary
This section ensures that any money left in the Fund at the end of the year will remain available for use in future years. All spending from the fund must be in line with a previously approved plan and strategy. This promotes responsible and planned use of the Fund's resources.
Show Original Legal Text
- (1) Monies in the Fund not disbursed in a financial year shall not lapse but shall be retained in the Fund for the same purpose in subsequent years.
(2) Any disbursement from the Fund shall be guided by an approved work plan and financing strategy.
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Tax Exemption
Plain Language Summary
This provision grants the Fund an exemption from taxes, as long as it aligns with the Constitution and the Exemptions Act of 2022. This means the Fund will not be required to pay taxes on its income or assets. The exemption is based on the legal framework established by the Constitution and the specified Act.
Show Original Legal Text
- Subject to the Constitution and in accordance with the Exemptions Act, 2022 (Act 1083) the Fund is exempt from tax.
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Expenses of the Fund
Plain Language Summary
This provision states that the fund's operational costs, such as employee salaries and administrative expenses, will be paid using the fund's own money. This means the money allocated to the fund will be used to cover its running costs. It clarifies the financial responsibility for the fund's expenses.
Show Original Legal Text
- The expenses of the Fund including the salaries of employees of the Fund and other administrative expenses related to the Fund shall be paid from moneys provided for the Fund.
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Accounts and audit
Plain Language Summary
This section requires the Board to keep financial records approved by the Auditor-General. The Auditor-General will audit the Fund's accounts annually and report to Parliament, the Minister, and the Board. The Auditor-General can also perform additional technical audits. The Fund's financial year will match the government's.
Show Original Legal Text
- (1) The Board shall keep books, records, returns and other documents relevant to the accounts in the form approved by the Auditor-General.
(2) The Board shall submit the accounts of the Fund to the Auditor-General for audit at the end of the financial year.
(3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts of the Fund and submit a report to Parliament and forward a copy of the audit report to the Minister and the Board.
(4) The Auditor-General may, in addition to the annual audit under subsection (3), conduct technical audits.
(5) The financial year of the Fund is the same as the financial year of Government.
- (1) The Board shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister covering the activities and operations of the Fund for the year to which the annual report relates.
(2) The annual report shall include the report of the Auditor General.
(3) The Minister shall, within thirty days after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
(4) The Board shall submit to the Minister any other report which the Minister may require in writing.
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Internal Audit Unit
Plain Language Summary
This section mandates the creation of an Internal Audit Unit for the Fund, headed by an Internal Auditor. The Internal Auditor is responsible for regularly auditing the Fund's activities. They must submit quarterly reports to the Board with recommendations for improvements, and also share these reports with the Administrator and Board Chairperson.
Show Original Legal Text
- (1) The Fund shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921).
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
(3) The Internal Auditor is responsible for the internal audit of the Fund.
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months
- (a) prepare and submit to the Board, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and
- (b) make recommendations in each report with respect to matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the Fund.
(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the Administrator and the chairperson of the Board.
Utilisation of the Fund
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Use of moneys of the Fund
Plain Language Summary
The Digital Connectivity Fund will use its money to improve digital access and infrastructure, especially in underserved areas. It will also support digital innovation by providing grants and funding to startups and entrepreneurs. Additionally, the fund will promote digital literacy and skills, develop digital public services, and co-finance digital economy projects with the private sector, while also covering operational costs.
Show Original Legal Text
Moneys from the Fund shall be applied to
- (a) finance digital connectivity and infrastructure projects in underserved or unserved areas; - (b) support innovation hubs, start-ups and digital entrepreneurs through grants, co-investment or matching funds; - (c) implement programmes that promote digital literacy, inclusion and skills development; - (d) support development and deployment of digital public infrastructure and services; - (e) co-finance public-private partnership projects in the digital economy sector; - (f) provide operational and technical support to beneficiaries of the Fund; and - (g) cover administrative expenses incurred by the Fund in the performance of the functions of the Fund subject to ceilings approved by the Board.
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Disbursement principles
Plain Language Summary
This section describes how the Fund's money will be distributed. Funding decisions will be guided by principles like fairness, transparency, and a focus on projects that improve digital access, literacy, and innovation, especially in underserved communities. The Fund will also prioritize partnerships and use funding models that reward performance. Grants may be given to support new digital infrastructure in areas that need it most.
Show Original Legal Text
(1) The disbursement of money from the Fund shall be guided by the following principles:
- (a) alignment with the objects and functions of the Fund under this Act; - (b) fairness, transparency and accountability in the selection of beneficiaries; - (c) prioritisation of initiatives that address access, coverage, usage, digital literacy and innovation gaps; - (d) support for underserved and unserved communities, youth, women and vulnerable groups; - (e) promotion of public-private and community-based partnerships; - (f) performance-based and results-oriented funding models; and - (g) compliance with any guidelines issued by the Board.
(2) Disbursements may include non-commercial competitive grants to support startup digital infrastructure and services in underserved and unserved areas, consistent with the development mandate of the Fund.
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Project prioritisation
Plain Language Summary
The Board must create a system for ranking projects to receive funding, following national guidelines. Priority will be given to projects that improve internet access in underserved areas, establish digital services, or are deemed nationally important by the Minister. This system will be reviewed regularly and made available to the public.
Show Original Legal Text
- (1) The Board shall establish a project prioritisation framework to guide disbursements from the Fund in accordance with national policy.
(2) In determining the order of priority, the Board shall give preference to
- (a) a project that provides basic digital connectivity in underserved areas;
- (b) a project that establishes access to internet infrastructure, digital public services or innovation facilities; and
- (c) any other project or programme designated as a national priority by the Minister.
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Guidelines for disbursement
Plain Language Summary
This section directs the Board to create guidelines for accessing and using the Fund, covering aspects like eligibility, support types, and disbursement. These guidelines will be developed with input from stakeholders and made available to the public. The guidelines will include procedures for tendering, direct disbursement, and innovation support, and may be adapted for co-financed projects.
Show Original Legal Text
(1) The Board shall issue guidelines for
- (a) eligibility criteria for access to the Fund; - (b) types of support available, including grants, subsidies, co-financing and technical assistance; - (c) disbursement procedures and timelines; - (d) monitoring and evaluation of funded projects; and - (e) any other matter necessary to give effect to the efficient disbursement and use of the Fund.
(2) The guidelines shall be developed through a consultative process involving relevant stakeholders.
(3) The Board shall publish the guidelines on the website of the Fund and ensure that the guidelines are accessible to the public.
- The guidelines shall include the following
- (a) procedures for open and competitive tendering for public connectivity and infrastructure projects;
- (b) procedures for direct disbursement for community-scale or innovationrelated initiatives below a monetary threshold to be specified by the Board;
- (c) procedures for challenge funds or performance-based calls for proposals for innovation support programmes; and
- (d) any other procedures for disbursement that the Board may approve.
(5) Where disbursement involves co-financing or contributions from donors or development partners, the Fund may adopt alternative procedures agreed with such partners, provided those procedures are consistent with the object and priorities of the Fund.
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Eligible beneficiaries
Plain Language Summary
This provision outlines who can benefit from the Fund. Eligible beneficiaries include telecommunications companies working in underserved areas, digital start-ups, organizations offering digital skills training, and government bodies implementing digital infrastructure. Universities with digital innovation programs, community organizations involved in digital initiatives, and other entities approved by the Board can also receive funding. The Fund aims to support a wide range of organizations that promote digital development and inclusion.
Show Original Legal Text
Eligible beneficiaries of the Fund include;
- (a) licensed telecommunications providers, internet service providers, FinTech, mobile money providers and electronic communications service providers that undertake projects in underserved areas; - (b) registered digital start-ups, innovation hubs and accelerators; - (c) institutions that offer digital skills and inclusion programmes; - (d) public sector bodies that implement digital public infrastructure or platforms; - (e) universities, research institutions, and TVET providers with approved digital innovation programmes; - (f) community organisations and cooperatives engaged in grassroots digital initiatives; and - (g) any other entity approved by the Board in line with the objects of the Fund.
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Funding modalities
Plain Language Summary
This section describes how the Fund will provide financial support to projects. The Fund can use grants, co-invest with other partners, offer results-based financing based on performance, or provide subsidies or digital vouchers. The specific funding method will be chosen based on the project's characteristics and potential for success.
Show Original Legal Text
(1) The Fund may support projects through
- (a) outright grants; - (b) co-investment with private or development partners; - (c) results-based financing tied to defined performance indicators; or - (d) demand-side subsidies or digital vouchers for devices, services or skills development.The choice of modality shall be based on the nature, impact and sustainability of the proposed intervention.
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Disbursement oversight
Plain Language Summary
This provision establishes a committee to oversee the disbursement of funds. The committee will evaluate funding applications, ensure they meet requirements, and advise the Board on funding decisions. The Board must also monitor projects that receive funding and evaluate them after completion.
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(1) The Board shall establish an internal Disbursement and Project Evaluation Committee which is responsible for
- (a) assessing funding applications; - (b) verifying compliance with technical and financial due diligence; and - (c) recommending disbursement decisions to the Board.
(2) The Board shall ensure that all funded projects are subject to periodic monitoring and post-project evaluation.
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Public disclosure and transparency
Plain Language Summary
This provision requires the Fund to create a publicly accessible website. The website will provide information on where funding is going, the progress of funded projects, financial information, and audit findings. The information must be updated at least quarterly, and the Fund must protect data privacy when disclosing information.
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- (1) The Fund shall establish a publicly accessible digital reporting platform for the publication of
(a) approved funding allocations and beneficiary names;
- (b)
the implementation status of funded projects; quarterly summaries of income and expenditure; and
- (c)
(d) audit findings and recommendations.
(2) The Board shall update the digital reporting platform at least once every quarter.
(3)The Board shall develop data privacy and information security protocols to ensure responsible disclosure in line with applicable laws.
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Performance-based funding and monitoring
Plain Language Summary
Funding will be allocated to recipients based on their performance against agreed-upon goals. The fund will monitor and evaluate the results of its projects and publish an annual report on its impact. The fund's overall success will be judged by specific measures, such as improvements in digital access, skills training, and the economic well-being of communities it supports.
Show Original Legal Text
(1) Disbursement of funds to beneficiaries shall be based on performance indicators
- specified in funding agreements.
(2)The Fund shall apply monitoring and evaluation mechanisms to track and assess the outcomes of all supported interventions. (3)The Board shall publish an Annual Digital Impact Dashboard, summarising (a) the number and type of beneficiaries reached, (b) the key metrics on digital inclusion, innovation, and entrepreneurship, (c) gender and geographic equity, and (d) recommendations for continuous improvement. (4) The Fund shall be evaluated based on measurable performance indicators, including the
- (a) number of districts with access to basic digital connectivity;
- (b) number of districts with established internet points-of-presence;
- (c) number of accredited digital skills institutions supported by the Fund;
- (d) number of individuals trained through Fund-supported digital skills programmes;
- (e) volume and quality of ICT content creation and awareness campaigns implemented;
- (f) financial sustainability and efficiency of Fund-supported initiatives; and
- (g) socio-economic impact of projects on beneficiary communities.
- (1) The Fund shall collaborate with the National Communications Authority to promote access to radio frequency spectrum for rural connectivity initiatives in a manner that preserves the freedom of choice of technology for operators.
(2)The Board may recommend to the National Communications Authority the partial waiver or reduction of spectrum fees for operators that undertake projects in underserved or high-cost rural areas.
(3) The Fund shall encourage the use of cost-effective, state-of-the-art or scalable solutions that promote sustainability and coverage.
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Tariff recommendations for rural services
Plain Language Summary
This provision allows the Board to recommend tariff and interconnection policies to the National Communications Authority to support fair pricing for rural communication services. The Board can also suggest tariff adjustments or special agreements to make access more affordable in rural areas. The Board must ensure that these agreements do not lead to higher costs for rural customers.
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- (1) The Board may make recommendations to the National Communications Authority on tariff frameworks or interconnection policies that support equitable pricing for rural communications services.
(2) In promoting universal access, the Board may engage the National Communications Authority to consider tariff rebalancing or special interconnection agreements that facilitate affordable access in rural areas.
(3) The Board shall advocate that the special interconnection agreements do not result in higher call or data charges for end-users in rural communities.
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Monitoring and evaluation of subsidised projects
Plain Language Summary
Projects receiving subsidies from the Fund will be independently monitored to ensure they promote universal access to digital services. These projects must also report on their finances, performance, and the impact on beneficiaries. The Fund may then publish reports on these projects to keep the public informed.
Show Original Legal Text
- (1) A project supported by the Fund shall be subject to independent monitoring and evaluation to ensure alignment with universal access and digital inclusion targets.
(2) A subsidised project shall be subject to reporting requirements including financial accountability, performance indicators and beneficiary outcomes as determined by the Board.
(3) The Fund may publish periodic reports on the status and impact of subsidised initiatives to inform stakeholders and the public.
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Regulations
Plain Language Summary
This provision allows the Minister to create regulations to implement the Act. These regulations will detail how digital companies will contribute financially, how funding will be allocated, and how the program's performance and finances will be managed and reported. The regulations will also establish digital transparency tools.
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(1) The Minister may, by legislative instrument, make Regulations to give effect to this Act.
- Without limiting subsection (1), the Regulations shall provide for - (a) modalities for calculating contributions from digital ecosystem actors; - (b) procedures for eligibility, application and disbursement of funding; - (c) financial management, audit and investment standards; - (d) performance monitoring and evaluation; and - (e) reporting formats and digital transparency tools.
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Guidelines
Plain Language Summary
This section allows the Board to create guidelines and directions to help manage and distribute funds effectively. These guidelines can cover things like how the fund operates, ethical standards, and technical processes. The guidelines also offer instructions on reporting, following the rules, and using resources supported by the fund. All guidelines will be available on the Fund's website.
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(1) The Board may issue guidelines or administrative directives consistent with this Act or regulations made under this Act to
- (a) clarify procedures for fund management and disbursement; - (b) establish operational frameworks, codes of conduct or technical protocols; - (c) provide direction on reporting, compliance and use of fund-supported resources; and - (d) provide for any other matter necessary for the effective and efficient functioning of the Fund.- Guidelines issues under this Act shall be published on the website of the Fund.
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Interpretation
Plain Language Summary
This section defines the key terms used in the Digital Economy and Innovation Development Fund Act. These definitions clarify the meaning of terms like "Board," "Administrator," "digital ecosystem players," and "digital innovation." Other terms defined include "disbursement," "Fund," "Minister," "National digital transformation policy," "start-up," and "underserved or unserved areas." These definitions ensure consistent understanding and application of the law.
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In this Act, unless the context otherwise requires
- 'Board' means the governing Board of the Digital Economy and Innovation Development Fund established under section 3 of this Act; - 'Administrator' means the person appointed under section 15 as the Administrator of the Fund; - 'digital ecosystem players' includes telecommunication operators, over-the-top platforms, cloud service providers, FinTechs, digital content platforms,
device manufacturers, and other entities deriving economic value from Ghana's digital infrastructure;
- 'digital innovation' means the creation or improvement of digital solutions, services, models or platforms that contribute to economic transformation;
- 'disbursement' means the release or allocation of resources from the Fund to eligible recipients or initiatives;
- 'Fund' means the Digital Economy and Innovation Development Fund established under section 3 of this Act;
- 'Minister' means the Minister responsible for Communications, Digital Technology and Innovation;
- 'National digital transformation policy' refers to the prevailing government policy framework or strategy that guides the implementation of digital economy and innovation programmes in Ghana;
- 'start-up' means a newly established or early-stage business, typically with high growth potential and operating in the technology or innovation sector; and
- 'underserved or unserved areas' means any geographical, demographic or sectoral area with limited or no access to adequate digital services, infrastructure, or capacity.
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Repeal and savings
Plain Language Summary
This provision repeals specific sections of the Electronic Communications Act of 2008. To maintain order, any existing regulations or rules established under the old sections will remain valid until they are officially changed or removed. Also, any ongoing rights, responsibilities, or legal cases related to the repealed sections will continue without interruption.
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(1) Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) are repealed.
- Despite the repeal in subsection (1) any - (a) Regulations, bye-laws, directives, rules, guidelines, notices, directions or other acts lawfully made or done under the repealed provisions and in force immediately before the coming into force of this Act shall be considered to have been made or done under this Act and shall continue to have effect until revoked, reviewed, cancelled, withdrawn, or terminated; and - (b) right, obligation or proceedings arising under those sections before the coming into force of this Act be deemed to have been made under the corresponding provisions of this Act and shall continue to have effect until revoked, cancelled, withdrawn, or terminated.On the coming into force of this Act
(a) the Ghana Investment Fund for Electronic Communications established under Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) shall cease to exist;
(b) the assets, rights, obligations, liabilities, and records of the Ghana Investment Fund for Electronic Communications immediately before the commencement of this Act are transferred to the Digital Economy and Innovation Development Fund established under this Act;
(c) any decision, agreement, project, or contract lawfully entered into by or on behalf of the Ghana Investment Fund for Electronic Communications and subsisting immediately before the coming into force of this Act shall be deemed to have been made by or in favour of the Fund established under this Act;
(d) a person in the employment of the Ghana Investment Fund for Electronic Communications shall be deemed to have been duly employed by the Fund on terms and conditions which are no less favourable in aggregate to the terms and conditions attached to the post held by the person before the coming into force of this Act;'
(2) The Minister may, in consultation with the Public Services Commission, issue administrative directives to facilitate the smooth transition from the Ghana Investment Fund for Electronic Communications to the new Fund.
OFFICIAL OATHS PART A OATH OF OFFICE
I.. ..............................do, (in the name of the Almighty God, swear) (solemnly affirm) that I will, at all times, well and truly serve the Republic of Ghana in the office of ......................... and that I will uphold, preserve and protect the Fund as by law established (So help me God).
PART B OATH OF SECRECY
I.. .............................., holding the office of............................ do (in the name of the Almighty God, swear) (solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specifically permitted by law (So help me God).
SECTOR CONTRIBUTIONS
| Sector | Entities | Percentage of net revenue |
|---|---|---|
| 1. Technology Space Operators Electronic communications service providers and licensees, authorised, or designated under the applicable Acts or regulations administered by the National Communications Authority | (a) Fixed Network Operators (FNOs) (b) Mobile Network Operators (MNOs) (c) Telecommunications Infrastructure Companies (d) Terrestrial Fibre Optic Network Operators (e) Broadband Wireless Access (BWA) Service Providers (f) International Gateway Licensees (IGLs) (g) Mobile Virtual Network Operators (MVNOs) (h) International Wholesale Carrier Licensees (IWCLs) (i) Submarine Cable Landing Station Operators (j) Interconnect Clearing House (ICH) Operators (k) Communications Managed and Support Services Providers (l) any other licensee or service provider that the National Communications Authority may designate as a contributor to the Fund | 3% |
| 2. | net revenue from electronic money issuers; | 1% |
| 3. ICT | total gross revenue generated by the Government | 1% |
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