Forestry Commission clarifies suspension and cancellation procedures under FLEGT licensing

The Forestry Commission (FC) has outlined the legal framework governing the suspension and cancellation of licences under the Forest Law Enforcement, Governance and Trade (FLEGT) licensing regime, emphasizing due process and the importance of industry compliance.

Speaking on the suspension and cancellation of licence during the implementation of Flegt licencing and role of industry in ensuring a smooth transition engagement in Accra on Wednesday, Mr. Dennis Osei-Hwere Esq., Director of Corporate Legal Affairs at the Forestry Commission, explained that the Commission retains the right to suspend or cancel any licence already granted if the licensee fails to comply with the terms and conditions attached to it.

“If an alliance or licence is granted and the holder breaches its conditions or contravenes any provision of L.I. 2254 or relevant legal enactments, that serves as grounds for suspension or cancellation,” Mr. Osei-Hwere said.

"However, the Commission does not immediately take such action. The licensee must first be given at least 14 days to rectify or remedy the breach.”

He emphasized that any decision to suspend or cancel a licence becomes effective only after the licensee has been formally notified.

“The cancellation or suspension only takes effect from the date the notice is served on the licensee,” he added.

“Without that communication, the action is not valid.”

Mr. Osei-Hwere also addressed the process for reviewing such decisions, warning that aggrieved applicants must follow internal procedures.

“If you submit an application and a decision is made by the Commission, you cannot bypass the internal review process by petitioning the Chief Executive or going straight to court,” he cautioned.

“A designated review committee is in place to handle such matters.”

The legal director's remarks come as part of ongoing efforts to ensure a smooth implementation of the FLEGT licensing system, which aims to promote legal timber trade and improve forest governance in Ghana.

The Forestry Commission encouraged industry stakeholders to uphold compliance and accountability to maintain the integrity of the FLEGT process and secure Ghana’s position in international timber markets.

Story by: Joshua Kwabena Smith