VZCZCXYZ0000
RR RUEHWEB

DE RUEHAR #1397 3020834
ZNR UUUUU ZZH
R 280834Z OCT 08
FM AMEMBASSY ACCRA
TO RUEHC/SECSTATE WASHDC 7158
INFO RHEHAAA/WHITE HOUSE WASHDC//USTR//

UNCLAS ACCRA 001397 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EINV ETRD PGOV GH
 
SUBJECT: GHANAQS 180 ON BILATERAL INVESTMENT TREATY 
 
REF: (A)ACCRA 01179  (B)STATE 91791 
 
¶1. SUMMARY:  (SBU) Shifting from its last formally communicated 
position (REFTEL A), Ghana is now back to a serious exploration of 
a Bilateral Investment Treaty with the United States. However, 
internal consultations within the relevant Ghanaian ministries 
will probably not be concluded in time for a negotiation with the 
USTR or for the current parliament to ratify any concluded 
agreement.  Thus, conclusion of a U.S.-Ghana BIT will likely be 
work for the next GOG administration.  END SUMMARY. 
 
¶2. (SBU) In a meeting with the visiting DOS Ghana desk officer, 
officials from the Ghana Investment Promotion Corporation (GIPC) 
said they were still waiting for USTRQs response to a message that 
they sent about the BIT following the last formal dipnote from the 
Embassy on the topic. (Note: GIPC conceded they did not provide 
the Embassy with a copy of this message, nor had USTR received the 
described message.)  Econoff suggested that GIPC could rely on 
Embassy Accra to relay all BIT related messages to Washington. 
 
¶3. (SBU) The GIPC officials said that internal consultations are 
still going on among the various ministries, due to the U.S. model 
draft having multiple elements absent from GhanaQs other BIT 
agreements.  However, GIPC stated that once the internal 
consultations were concluded, the GOG might be prepared to begin 
negotiations. 
 
¶4. (SBU) COMMENT: Two of three questions posed by USTR in the 
August DVC (REFTEL B) remain outstanding: the GOG assessment of 
any challenging provisions of the U.S. BIT model, and any 
potential non-conforming measures Ghana may propose during formal 
negotiations.  On timing, there is probably less than four weeks 
of business left for the current Parliament. Pressure may be on 
the GIPC from the Kufuor administration to conclude a BIT as a 
final accomplishment.  However, support of GhanaQs next Parliament 
and President will be crucial for substantive implementation of 
the BIT.  END COMMENT.  Post will continue to encourage 
comprehensive internal GOG consultations, while managing time 
expectations.  Post will explain the parameters for further direct 
discussions, and will facilitate prompt communication between the 
GIPC and USTR. 
 
Teitelbaum