# Certificate of Purchase

## Definition

- Certificate of purchase (CoPs) allow for salvage and disposal of abandoned or seized timber.
- CoPs are not felling permits, they validate that the buyer of such timber has legal ownership on it.
- Timber covered by a CoP can be legally sold and exported.

## Requirements for CoPs under domestic law

### Legal type of permit if...

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:

- Timber Resources Management Act (Act 574), 1998 - as amended in 2002 (Act 617)
- Timber Resources Management Regulation (LI 1649), 1998
- Timber Resources Management Regulation (Amendment) (LI 1721), 2003

## Voluntary Partnership Agreement (VPA)

### Legal type of permit if...

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:

1. Timber confiscated by the FC will only be sold by Court Order through public Auctioning;
2. After the auction the winning bidder will receive a Certificate of Purchase from the FSD;
3. The certificate will be registered in the central database. All auctioned forest produce will be tagged. The entire auction result will be documented in a FC Sale Report and the payments due as well and entered in the central database.

## European Timber Regulation (EUTR)

### Legal type of permit if...

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.