Our petroleum dealings in Ghana legal – Glencore

Glencore Energy UK Ltd, a company cited by the National Petroleum Authority (NPA) for operating without a license in Ghana's petroleum downstream industry, says it only acts as a supplier international supplier of petroleum products.

Glencore is said to have been importing petroleum products for storage and sale to various customers within Ghana, in violation section 11 of the National Petroleum Authority Act, ACT 691, 2005.

The NPA, in a June 2017 letter sighted by Citi News, threatened legal action if Glencore did not cease its operations.

Glencore, a July 2017 letter responding to the NPA’s claims , said all its business in Ghana is within the remits of the law, adding that the NPA may have been working with “inaccurate information” with regards to its involvement in Ghana's petroleum industry.

“Our role is strictly limited to being an international supplier of petroleum products. As you recognise on your own website, 'the industry works closely with international suppliers like… Glencore… to supply about 80 percent of petroleum products currently consumed in the country’.”

“We do not (and have not at any time) undertaken or engaged in any 'business or commercial activity in the downstream industry' in Ghana for the purpose of Section 11(1) of the Ghanaian National Petroleum Act (“NPA”).”

Contrary to the information you have received, we have not in fact imported or stored any petroleum products in(to) Ghana.”

Dealings with Tema Fuel Company
The letter noted that Glencore on occasions places petroleum products into storage at Tema Fuel Company's (TFC) bonded tank farm, “on behalf of the Ghana Bulk Distribution Companies that have purchased and (imported) the petroleum products.”

TFC is licensed to own, manage and develop a storage depot at Tema and to rent and lease its depot space.

Given Glencore is an international supplier, it does sell petroleum products “regularly” to Ghanaian BDCs by way of Delivered Ex-Ship (DES) terms or by way of In Tank Transfer (ITT) at TFC's tank farm.

In this light, the company notes that “DES Terms place the obligation to obtain import licenses and pay customs duties on the buyer.”

To the best of its knowledge, Glencore says its customers are “fully licensed by the Authority to operate in Ghana's petroleum downstream industry.”

Glencore further stated that “we do not sell petroleum products direct to Oil Marketing Companies or Bulk Customers in the Power Sector in Ghana.”

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By: citifmonline.com/Ghana