The Chamber of Oil Marketing Companies (COMAC) has given the government 14 days to suspend Section 136 of the Customs Act, 2026 (Act 1179).
The Chamber warns that the new petroleum tax arrangement could increase fuel costs and create risks for fuel supply.
COMAC says it will convene an emergency general meeting if the Ministry of Finance does not suspend the provision within the 14-day deadline.
Section 136 changes who accounts for downstream petroleum taxes. The responsibility moves from Oil Marketing Companies (OMCs) and LPG Marketing Companies (LPGMCs) to Bulk Import, Distribution and Export Companies (BIDECs).
COMAC says the change could place additional financial pressure on BIDECs. The companies may have to finance tax payments before receiving money from customers.
“By severing liability from liquidity, BIDECs would be required to pre-finance taxes before payment is received,” COMAC said.
The Chamber fears that the resulting financing and guarantee costs could eventually be passed on to consumers.
“In COMAC’s view, the resulting borrowing and guarantee costs risk being passed through to consumers, with potential double collateralisation under Section 136(5),” it stated.
COMAC has also raised concerns about fuel supply. It says a single BIDEC could supply several marketers and retail outlets.
The Chamber therefore believes that a disruption involving one bulk supplier could affect multiple businesses.
“Under Section 136, in COMAC’s assessment, deactivating one BIDEC could disrupt supply to multiple marketers and retail outlets,” it said.
COMAC says the existing system allows authorities to isolate individual defaulting marketers instead.
“Under the existing system, ICUMS can deactivate a single defaulting marketer without wider market disruption,” the Chamber stated.
The Chamber argues that changing the tax collection point does not address what it considers the main enforcement problem.
“COMAC believes Section 136 seeks to change the tax collection point rather than address the core issue, which in its view is the effective enforcement of existing controls,” it said.
COMAC is also questioning the process through which Section 136 was enacted.
The Chamber says the downstream petroleum industry was not adequately consulted before the provision became law. This, it says, was despite its regular engagements with the Ghana Revenue Authority (GRA), the National Petroleum Authority (NPA), and the Ministries of Finance and Energy and Green Transition.
“A post-passage implementation meeting, in COMAC’s view, constitutes notification, not consultation,” COMAC said.
The Chamber says affected businesses have also not received key documents on the new tax arrangement.
These include an impact assessment, explanatory memorandum, transitional plan and financing arrangement.
COMAC wants the government to assess the possible effects of Section 136 on working capital, credit, fuel supply and pump prices.
It is also calling for the existing tax collection framework to remain in place.
Under that system, BIDECs would continue to pay import duties and port charges at importation. OMCs and LPGMCs would continue accounting for taxes and levies at the ex-pump stage.
COMAC is further demanding an independent review of non-bonded status grants and system overrides.
It wants outstanding questions about petroleum products and impounded diesel tankers to be addressed.
Despite the ultimatum, COMAC says it does not want to disrupt fuel supply.
“COMAC has no interest in disruption, given the essential service its members provide to households and businesses,” the Chamber said.
It added that the industry remains concerned about the new framework.
“The industry, however, is unable to operate with confidence under a framework that has not been tested, explained, or justified, and which in its view shifts the risk of enforcement failures to operators and ultimately to the Ghanaian consumer.”
COMAC says it remains ready to work with the government to resolve the concerns.
“We stand ready to engage constructively toward a shared resolution to safeguard our members and national energy security,” it said.
If Section 136 is not suspended within 14 days, COMAC says it will pursue “all legitimate administrative, regulatory, and legal channels.”
