Ghana-US Military Agreement (FULL VERSION)

Parliament ratified a military cooperation agreement between Ghana and the United States of America ( USA) on Wednesday, March 28, 2018. We publish the full version of the agreement.

Republic of Ghana

Ministry of Foreign Affairs and Regional Integration
SCR.GH/USA/RELS

The Ministry of Foreign Affairs and Regional Integration of the Republic of Ghana presents its compliments to the Embassy of the United States of America and with reference to the latter’s Diplomatic Note NO. 2015-0990 of 5th February, 2015, has the honour to convey the approval of the Government of Ghana for the deployment of US Marines and Military Aircraft in Accra, for a period of five weeks and within the framework of the terms stipulated in the Note.

Furthermore, the carrying of weapons by the personnel of the above-mentioned Force is to be restricted to their duty posts and training areas only.

The Ministry of Foreign Affairs and Regional Integration of the Republic of Ghana avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

Accra, 20th March, 2015

The Embassy of the United
States of America
Accra

March 2015
HA.153/581/02F

Re: US Request to deploy marine forces and military aircraft in Accra

1. The above mentioned request received through your letter SCR.GJ/USA/RELS dated 12th February, 2015 refers.

2. I have the pleasure to inform you that, the Ministry of Defence has no objection to the intended deployment of US Marines and military aircraft in Accra as described in the US Note Verbale attached to the letter at reference.

3. It is however suggested that:

a. All operations by the mentioned Force be within the framework of the agreement reached earlier.

b. After their initial deployment, all operations by the mentioned Force be communicated to the Ghana Armed Forces.

c. The carrying of weapons by the personnel of the mentioned Force be restricted to their duty posts and training areas only.

4. I take this opportunity to renew to you the assurances of our highest consideration.

Alex Segbefia
Deputy Minister for Defence
For Minister for Defence

The Hon Minister
Ministry for Foreign Affairs
And Regional Integration
Accra

CC: The Chief of Staff
Office of the President
Flagstaff House
Kanda – Accra

The National Security Coordinator
National Security Council Secretariat
Castle Annex
Accra

Agreement Between The Government of the United States of America And The Government of the Republic of Ghana On Defence Cooperation, The status of United States Forces, And Access to and use of agreed facilities and areas In the Republic of Ghana

Preamble

The Government of the United States of America (hereinafter “the United States”) and the Government of the Republic of Ghana (hereinafter “Ghana”), hereinafter referred to collectively as “the Parties” and singularly as a “Party.”

Desiring to conclude an agreement contributing to enhanced security cooperation between the Parties, and recognising that such cooperation is based on full respect for the sovereignty of each Party;

Reaffirming the strong defence relationship between the Parties based on a shared commitment to peace and stability and common approaches to addressing regional defence and security issues;

Reaffirming the recent dialogue between the Presidents of the United States and Ghana on the importance of the bilateral defence relationship; and
Considering that, by arrangement between the United States and Ghana, United States forces may be present in Ghana in pursuit of common defence efforts, as well as to provide support to the security of United States Government personnel and facilities in the regions; and

Recalling the Acquisition and Cross-Servicing Agreement between the Government of the United States of America, Represented by the United States Department of Defence, and the Government of the Republic of Ghana, Represented by the Ministry of Foreign Affairs and Regional Integration, signed at Stuttgart on April 13 and Accra on April 28, 2015 and entered into force April 28, 2015;

Have agreed as follows:

Article 1

Definitions

1. “United States forces” means the United States Department of Defense (hereinafter “DoD”), including its constituent organisations, and all of its property, equipment and material and its military personnel and civilian personnel [present in the territory of Ghana in connection with this Agreement]. Within this definition:

a. “Military personnel” means members of the United States Armed Forces [present in the territory of Ghana in connection with this Agreement]; and

b. “Civilian personnel” means persons who are employed by DoD [present in the territory of Ghana in connection with this Agreement].

2. “United States contractor” means a person or entity supplying goods or services in Ghana to or on behalf of United States forces under a contract or subcontract with or in support of DoD, and its employees who are not nationals of or ordinarily resident in Ghana.

3. “Agreed facilities and areas” means the facilities and areas in the territory of Ghana as described in Annex A, and such other facilities and areas in the territory of Ghana as may be provided by Ghana in the future, to which United States forces, United States contractors, and others as mutually agreement.

4. “Executive Agent” means DoD for the United States and the Ministry of Defence for Ghana.

5. “Duty” means …..

Article 2

Purpose and Scope

1. This Agreement sets forth a framework for enhanced partnership and security cooperation between the Parties with the aims of strengthening their defence relationship further and addressing shared security challenges in the region, including those relating to the protection of Government personnel and facilities.

2. This Agreement clarifies access to and use of agreed facilities and areas by United States forces, thereby facilitating training, including to maintain unit readiness, combined exercises and other military engagement opportunities.

3. United States forces may undertake the following types of activities in Ghana: training, transit, support and related activities; refueling of aircraft, landing and recovery of aircraft, accommodation of personnel, communications, staging and deploying of forces and materiel; exercises, humanitarian and disaster relief and other activities as mutually agreed.

4. All obligations under this Agreement are subject to the availability of appropriated funds authorised for these purposes.

Article 3

Status of Military Personnel and Civilian Personnel

1. Ghana shall accord to military personnel and civilian personnel the privileges, exemptions and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the Vienna Convention on Diplomatic Relations of April 18, 96[A1].

2. Military personnel may possess and carry arms in Ghana [while on duty] if authorised to do so by their orders [In issuing such orders, the United States forces authorities intend to consult with the appropriate authorities of Ghana.] Military personnel may wear their uniforms while performing official duties[A2].

Article 4

Entry and Exit

Military personnel and civilian personnel may enter and exit Ghana with United States Government-furnished identification (for military personnel, an identification card and collection movement or individual travel orders, and for civilian personnel, a passport and official orders [A3]).

Article 5

Access to and Use of Agreed Facilities and Areas

1. Ghana hereby provides unimpeded access to and use of agreed facilities and areas to United States forces, United States contractors and others as mutually agreed. Such agreed facilities and areas or portions thereof, provided by Ghana shall be designated as either for exclusive use by United States forces or to be jointly used by United States forces and Ghana. Ghana shall also provide access to and use of a runway that meets the requirements of United States forces.

2. United States forces are hereby authorised to exercise all rights and authorities that are necessary for the use, operation, defence, or control of agreed facilities and areas, including taking appropriate measures to protect United States forces. United States forces intend to coordinate such measures with the appropriate authorities of Ghana [A4].

3. United States forces and United States contractors may undertake construction activities on, and make alterations and improvements to agree facilities and areas. United States forces may carry out construction works and other services with military personnel and civilian personnel.

4. United States forces are hereby authorised to control entry to agreed facilities and areas that have been provided for exclusive use by United States forces, and to coordinate entry with the authorities of Ghana at agreed facilities and areas provided for joint use by United States forces and Ghana, for purposes of safety and security.

5. United States forces shall be responsible for the operation and maintenance, construction and development costs of agreed facilities and areas provided for the exclusive use of United States forces unless otherwise agreed. The Parties shall be responsible on the basis of their proportionate use for the operation and maintenance costs of agreed facilities and areas provided for joint use by United States forces and Ghana. Ghana shall furnish, without rental or similar costs to United States, all agreed facilities and areas, including those jointly used by United States forces and Ghana.

6. United States forces and United States contractors shall be afforded priority in access to and use of agreed facilities and areas that have been provided for joint use whenever United States forces are conducting exercises or other activities in connection with this Agreement in Ghana. Access to and use of agreed facilities and areas by others may be authorised with the express consent of both Ghana and United States forces.

7. From time to time, representatives of the Executive Agents shall conduct joint inspections of agreed facilities and areas, for instance at the start and completion of each period during which United States forces are physically present at the agreed facilities and areas. Each inspection shall be documented by written report, prepared by representatives of the Executive Agents, including the date, time, names of inspectors and conditions identified. Copies of the report shall be provided to each Executive Agent within seven (7) days of the completion of each inspection.

Article 6

Property Ownership

1. All existing buildings, non-relocatable structures and assemblies affixed to the land in agreed facilities and areas, including ones altered or improved by United States forces, remain the property of Ghana. Buildings constructed by United States forces shall become the property of Ghana, once constructed, but shall be used by United States forces until no longer needed by United States forces.

2. United States forces shall return as the sole and unencumbered property of Ghana any agreed facility or area, or any portion thereof, including non-relocatable structures and assemblies constructed by United States forces, once no longer needed by United States forces. The Parties or their Executive Agents shall consult regarding the terms of return of any agreed facility or area, including possible compensation for improvements or construction.

3. United States forces and United States contractors shall retain title to all equipment, materiel, supplies, relocatable structures and other moveable property that have been imported into or acquired within the territory of Ghanaian connection with this Agreement.

Article 7

Prepositioning and Storage of Equipment, Supplies and Material

United States forces are hereby authorised to preposition and store defence equipment, supplies and materiel (hereinafter referred to as prepositioned materiel) at agreed facilities and areas. The prepositioned materiel of United States forces and the agreed facilities and areas or portions thereof designated for storage of such prepositioned materiel shall be for the exclusive use of United States forces. United States forces shall retain title to and control over the use of prepositioned material and shall have the right to remove such items from the territory of Ghana.

Article 8

Security

1. Ghana shall take such measures as are necessary to ensure the protection, safety and security of United States forces and United States contractors and the protection and security of United States property and official United States information. In furtherance of this responsibility, Ghana and United States forces shall cooperate closely to ensure that such security, safety and protection are provided.

2. The Parties mutually agree that Ghana retains primary responsibility for security on and outside of agreed facilities and areas provided for joint use and outside of agreed facilities and areas that have been provided for exclusive use by United States forces.

3. The Parties anticipate that United States forces and United States contractors may not be physically present at agreed facilities and areas at all times. During those times that United States force, United states contractors or Ghana authorities are not physically present at agreed facilities and areas, such facilities and areas shall remain locked and secure, and security for such facilities and areas shall be provided by Ghana, consistent with paragraph 2 of this Article.

Article 9

Contracting

1. United States forces may conclude contracts for the acquisition of goods and services, including construction, in Ghana in accordance with United States laws and regulations. United States forces may acquire goods and services in Ghana from any source.

2. Acquisition of goods and services in Ghana by or on behalf of United States forces shall not be subject to any taxes, customs duties or similar charges imposed by Ghana or its instrumentalities or any subdivision thereof.

Article 10

Taxes

1. United States forces shall not be liable to pay any tax or similar charge assessed within Ghana.

2. United States contractors shall not be liable to pay any tax or similar charge assessed within Ghana in connection with this Agreement.

Article 11

1. United States forces may import into, and export out of, and use in Ghana any personal property, equipment, supplies, materiel, technology, training or services in connection with this Agreement. Such importation, exportation and use shall be exempt from any inspection, licence, other restrictions, customs duties, taxes or any other charges assessed within Ghana [A6].

2. United States contractors may import into and export out of, and use in Ghana any personal property, equipment, supplies, materiel, technology, training or services in connection with contracts or subcontracts with or in support of United States forces. Such importation, exportation and use shall be exempt from any licence, other restrictions, customs duties, taxes or any other charges assessed within Ghana.

Article 12

Freedom of Movement and Vehicles, Vessels and Aircraft

Aircraft, vehicles and vessels operated by or, at the time, exclusively for United States forces may enter, exit and move freely within the territory and territorial waters of Ghana [A7].

Aircraft, vehicles and vessels operated by or, at the time, exclusively for United States forces shall not be subject to the payment of landing, parking or port fees, compulsory pilotage, navigation or over flight charges; or tolls or other use charges, including lighterage and harbour dues levied by Ghana, its instrumentalities or any subdivision thereof; however, United States forces shall pay reasonable charges for services requested and received at rates no less favourable, less taxes and similar charges, than those paid by the Armed Forces of Ghana.

United States Government aircraft, vehicles and vessels shall be free from boarding and inspection without the consent of United States forces authorities.

Article 13

Driving and Professional Licences

Ghana agrees to accept as valid all professional licences issued by the United States Government or its States or political subdivisions, to military personnel and civilian personnel and to United States contractors; in relation to the provision of services as part of their official or contractual duties [A8]

Ghana agrees to accept as valid, without a driving test or fee, driving licences or permits issued by the appropriate United States authorities to military personnel and civilian personnel and United States contractors for the operation of vehicles.

Article 14

Use of Radio Spectrum

Ghana recognises that it may be necessary for United States forces to use the radio spectrum.  United States forces shall be allowed to operate its own telecommunication systems ( as telecommunication is defined in the 1992 Constitution and Convention of the International Telecommunication Union). 

This shall include the right to utilise such means and services as required to ensure full ability to operate telecommunication systems, and the right to use all necessary radio spectrum for this purpose.  Use of the radio spectrum shall be free of cost to United States forces [A9].

Article 15

Claims

Other than contractual claims, the Parties waive any and all claims against each other for damage to or loss or destruction of property owned by the Party, or death or injury to any military personnel and civilian employees of either Party arising out of the performance of their official duties in Ghana.

Claims by third parties for damages or loss caused by military personnel and civilian personnel shall be resolved by the United States Government in accordance with United States laws and regulations.

Article 16

Annex

Annex A shall be appended to this Agreement and shall form an integral part of this Agreement.  Annex A to this Agreement may be amended by written agreement of the Parties or their Executive Agents without amending this Agreement.

Article 17

Implementation

The Parties or their Executive Agents may enter into Implementing Arrangements to carry out the provisions of this Agreement.
The Parties hereby establish a Joint Committee to oversee implementation of this Agreement. The Joint Committee shall be co-chaired by the representatives of the Executive Agents, and  shall convene as necessary.

Article 18

Settlement of Disputes

Any dispute regarding the application, implementation or interpretation of this Agreement or its Implementing Arrangements, shall be resolved at the lowest level possible and, as necessary, elevated to the Executive Agents for consideration and resolution. 

Those disputes that cannot be resolved  by the Executive Agents shall be referred to the Parties for consultation and resolution as appropriate, and shall not be referred to any national or international court, tribunal, or similar body, or to any third party for settlement, unless otherwise mutually agreed. 

Article 19

Entry Into Force, Amendment and Duration

This Agreement shall enter into force on the date of the later note in an exchange of notes between the Parties indicating that each Party has completed its internal procedures necessary for entry into force. [The United States understands that Ghana may not be able to implement this Agreement until Parliamentary approval.]

Thereafter, it shall remain in force unless terminated by either Party on one year’s written notice to the other Party through diplomatic channels.

Except as set forth in Article 16, this Agreement may only be amended by mutual written agreement of the Parties.

This Agreement, upon its entry into force, shall supersede the agreement between the United States and Ghana regarding the status of United States military and civilian employees of the United States Department of Defense temporarily present in Ghana in connection with the African crisis Response Initiative and other activities, effected by an exchange of notes at Accra dated November 24, 1997 and February 24, 1998 and entered into force February 24, 1998; and the Agreement regarding the status of US military and civilian personnel of the US Department of Defence temporarily present in Ghana in connection with humanitarian relief operations in South Africa, effected by an exchange of notes at Accra March 22 and April 7, 2000.
 

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE at _____________, in duplicate, this ___ day of ______________, 20 __ , in the English language, each text being equally authentic.

FOR THE GOVERNMENT OF THE                                   FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA                                       REPUBLIC OF GHANA

The 1998 Agreement

CONTENTS:

Exchange of notes dated 19 January and 24 February 1998 (African crisis Response Initiative and other activities)
 

Embassy of the

United States of America

No. 121 (Corrected)

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Ghana and has the honour to refer to recent discussions between representatives of our two governments regarding issues related to U.S. military personnel and civilian employees of the U.S. Department of Defense who may be temporarily present in Ghana in connection with the African Crisis Response Initiative and other activities as may be agreed upon by our two governments.  The following is a corrected copy of this note dated November 24, 1997. 

The last line on page 1, paragraph 3 was included in the original but, omitted from the copies.

As a result of these discussions, the Embassy has the honour to propose that such personnel be accorded the status equivalent to that accorded to administrative and technical staff of the United States Embassy under the Vienna Convention on diplomatic relations of April 18, 1961, and that they may enter and exit Ghana with United States identifications and with collective movement or individual travel orders.

The Embassy further proposes that personnel be authorised to wear uniforms while performing official duties and to carry arms while on duty if authorised to do so by their orders; and that the Government of Ghana accord duty-free importation and exportation, as well as exemption from internal taxation on products, property, material and equipment imported into or acquired in Ghana by the United States Government in connection with their official activities. 

Vehicles, vessels and aircraft owned or operated by or exclusively for the US Armed Forces shall not be subject to the payment of landing or port fees, pilotage charges, navigation or overflight charges or light and harbour dues, while in Ghana; however, the United States Armed Forces shall pay reasonable charges for services requested and received. 

Such aircraft shall observe local air traffic control regulations while in Ghana.  Such vessels shall not be subject to compulsory pilotage at Ghanaian ports.  Finally, the Embassy proposes that both governments waive any and all claims (other than contractual claims) against each other for damage, loss or destruction of the property of the Department of Defense of the United States or the property of the Ministry of Defence of Ghana arising out of activities related to official duties, or for injury or death suffered by military personnel while engaged in the performance of their official duty.

If the foregoing is acceptable to the Government of Ghana, the Embassy has the honour to propose that this not, together with the Ministry’s reply, shall constitute an agreement between the governments which shall enter into force on the date of the Ministry’s reply. 

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Ghana the assurances of its highest consideration.

Embassy of the United States of America,

Accra, January 19, 1998        

                                                                                                                                    (SEAL)

Attachment:

Suggested reply to Administrative and Technical Agreement

__________________________

1 Not transmitted

REPUBLIC OF GHANA

MINISTRY OF FOREIGN AFFAIRS

SCR.UN/OP/ACRFC

The Ministry of Foreign Affairs of the Republic of Ghana presents its compliments to the Embassy of the United States of America and has the honour to refer to the Embassy’s Note 12 dated 24th November, 1997 which reads as follows:

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Ghana and has the honour to refer to recent discussions between representatives of our two governments regarding issues related to US military personnel and civilian employees of the US Department of Defence who may be temporarily present in Ghana in connection with the Africa Crisis Response Initiative and other activities as may be agreed upon by our two governments.

As a result of these discussions, the Embassy has the honour to propose that such personnel be accorded the status equivalent to that accorded to administrative and technical staff of the United States Embassy under the Vienna Convention on diplomatic relations of 18th April, 1961, and that they may enter and exit Ghana with United States identifications and with collective movement or individual travel orders.

The Embassy further proposes that such personnel be authorised to wear uniforms while performing official duties and to carry arms while on duty if authorised to do so by their order; and that the Government of Ghana accord duty-free importation and exportation, as well as exemption from internal taxation on products, property, material and internal taxation on products, property, material [sic] and equipment imported into or acquired in Ghana by the United States Government in connection with their official activities. 

Vehicles, vessels and aircraft owned or operated by or exclusively for the US Armed Forces shall not be subject to the payment of landing or port fees, pilotage charges, navigation or overflight charges or light and harbour dues while in Ghana; however, the United States Armed Forces shall pay reasonable charges for services requested and received. 

Such aircraft shall observe local air traffic control regulations while in Ghana.  Such vessels shall not be subject to compulsory pilotage at Ghanaian ports. 

Finally, the Embassy proposes that both governments waive any and all claims (other than contractual claims) against each other for damage, loss or destruction of the property of the Department of Defense of the United States or the property of the Ministry of Defence of Ghana arising out of activities related to official duties or for injury or death suffered by military personnel while engaged in the performance of their official duty.

If the foregoing is acceptable to the Government of Ghana, the Embassy has the honour to propose that this note, together with the Ministry’s reply, shall constitute an agreement between the governments which shall enter into force on the date of the Ministry’s reply.

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Ghana the assurances of its highest consideration.

Embassy of the United States of America Accra, November 24, 1997

The Ministry of Foreign Affairs  has the further honour to inform the Embassy of the United States that the proposals set forth in the Embassy’s Note are acceptable to the Government of Ghana and to confirm that the Embassy’s Note and this Note shall constitute an agreement between our two governments which shall enter into force on this date.

The Ministry of Foreign Affairs of the Republic of Ghana avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

Accra,

24th February, 1998

Embassy of the U.S.A.

Accra

(SEAL)