Under Ghanaian law, abandoned or seized timber can be legally sold and exported once subjected to a certificate of purchase. Regulation 37 of LI 1649 further details the procedure applicable to seize and dispose marked or unmarked abandoned timber.
| Marked or unmarked abandoned timber |
| Chief Conservator of forest/ Forest officers seize and dispose it |
| Inspection officer who seized the timber labels it and reports the seizure within 24 hours to the nearest Forestry Department Office for investigation |
| Intention to sell: 14 days notice in the locality of the area where it was seized |
| Owner not identified |
| Seized timber is sold and proceeds go to an account determined by the Minister and the Forestry Commission to support community activities beneficial to forest and timber conservation and to defray expenses of timber resources management |
Relevant pieces of domestic legislation:
The Voluntary Partnership Agreement negotiated between the European Union and Ghana defines what legally produced timber is. The definition sets out Ghana's legislation that must be complied with in order for timber products to be covered by FLEGT licenses. The definition limits legal sources of timber to TUCs, Salvage Permits and Certificates of Purchase.
Accordingly, a product containing wood sourced from Ghana can be licensed for sale within Ghana and for export from Ghana in cases where a CoP has been issued.
The VPA details the procedure applicable for confiscated timber. Accordingly:
Under the EUTR, operators have a due diligence obligation (Articles 4-6) to assess the risk of the timber and timber products they place on the EU market containing illegally harvested timber. Amongst other things, the due diligence obligation requires information/ documentation to prove that the felling permit is legally recognised by Ghanaian law.
However, it should be noted that confirming the legality of the type of permit is only one element of the assessment that operators must conduct as to the risk that timber is being sold and exported legally.