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Box 3. Telekom Malaysia’s investment in Ghana<br />

CHAPTER VII 87<br />

Telekom Malaysia (TM) invested in Ghana Telecom (GT) in 1997 when the company launched the first<br />

privatization. TM took a 30 per cent stake in GT through G-Com Ltd., in which it had a majority interest.<br />

Under the investment scheme, TM was awarded a technical assistance and management contract. It had<br />

significant board representation and controlled the management of GT. Under the arrangement, TM was<br />

expected to improve the host country’s telephone services and install some 40,000 landlines by 2002.<br />

TM invested heavily in GT after it was privatized and tripled the number of telephone lines in Ghana.<br />

After a good start, it faced operation difficulties due to deteriorated domestic economic conditions and the<br />

lack of clear sectoral regulations and delays in establishing the Telecommunications Board. The earlier<br />

technical and consultancy services agreement between GT and TM was not renewed after its expiration<br />

in February 2002. TM faced substantial losses ($100 million) as it bought expensive equipment in US<br />

dollars but earned revenues in depreciated Ghanaian cedis, because of the devaluation and the industry<br />

wide downturn. Investment dispute between TM and the Government of Ghana rose when TM lost its<br />

management control of GT. TM paid $50 million in 2000 as down payment to purchase a further 15 per cent<br />

stake of GT that did not materialize. The down payment was not returned to TM. In July 2002, the Ghana<br />

Government terminated the employment of the Malaysian managing director and appointed an Interim<br />

Management Committee to oversee and manage GT. In March 2004, the Ghanaian Government admitted<br />

that it would soon have to pay $50 million to TM as compensation. In 2004, TM filed an international<br />

arbitration proceeding against the Ghana Government in the Hague to recover the value of its share in GT,<br />

and allegation on dispossession and loss of control of its investment to an amount of $174 million. The<br />

investment dispute was settled amicably in May 2005. Telekom Malaysia announced that upon full payment<br />

of the settlement sum, it would transfer its stake of 30 per cent in GT to the Ghanaian Government.<br />

Sources: “Telekom Malaysia wants it’s $50 mil back”, GhanaHomePage Business News, 24 May 2002 (http://<br />

www.ghanaweb.com/ghanahomepage/economy/artikel.php?id=24345); “Ghana battles with Telekom<br />

Malaysia”, BBC News (World edition), 6 January 2003. (http://news.bbc.co.uk/2/hi/business/2632509.<br />

stm); “Telekom Malaysia to seek international arbitration”, GhanaHomePage General News, 1<br />

November 2002 (http://www.ghanaweb.com/ghanahomepage/economy/artikel.php?id=28975);<br />

“Update on Telekom Malaysia’s investment in Ghana: Government of Ghana admits US $50m<br />

liability to Telekom Malaysia, TM News Release, 31 March 2004 (http://www.tm.com.my/about_tm/<br />

newsroom/2004/040331_2.htm); “Govt wants to pay $50 million for GT, but…”, GhanaHomePage<br />

Business News, 1 April 2004 (http://www.ghanaweb.com/ghanahomepage/economy/artikel.<br />

php?id=55064); “Telekom Malaysia, Ghana Govt Settle Dispute Over Ghana Telecom”, AFX<br />

News Limited, 9 May 2005 (http://www.forbes.com/technology/feeds/afx/2005/05/09/afx2012175.<br />

html); “Ghana-Telekom Malaysia dispute settled”, GhanaHomePage Business News, 9 May 2005<br />

(http://www.ghanaweb.com/ghanahomepage/economy/artikel.php?id=81010); “Asian Foreign<br />

Direct Investment in Africa: Towards a New Era of Cooperation among Developing Countries”,<br />

UNCTAD (forthcoming).<br />

manufactured products. Therefore, the policy position<br />

on OFDI has been shaped by the manufacturing<br />

sector’s need to sustain the growth of manufacturing<br />

industries. Initially, policy makers were concerned<br />

that a too liberal approach to OFDI would lead<br />

to sizable capital outflows. The increasing global<br />

competition on products and markets has influenced<br />

the Government’s shift to supporting OFDI. Policy<br />

makers have in recent years been much concerned<br />

with seeking out new sources of growth for the<br />

economy and enterprise internationalization has been<br />

welcome.<br />

Aside <strong>from</strong> a liberal OFDI policy environment,<br />

the Malaysian Government is also supporting OFDI<br />

through various institutional support facilities and<br />

fiscal incentives. To support Malaysian SMEs that<br />

invest abroad, the Government has launched a one<br />

billion RM fund. 63 Some private sector organizations<br />

such as the Malaysian South-South Association<br />

and Malaysian South-South Corporation Berhad<br />

(MASSCORP) have also played a role in facilitating<br />

and contributing to Malaysian investments overseas.<br />

The main regulations concerning FDI are reviewed<br />

below:<br />

Prudential regulations. The Central Bank<br />

issues main regulations that have a direct bearing on<br />

Malaysian OFDI. They include: the Central Bank<br />

of Malaysia Act 1958 (Revised 1994), Banking<br />

and Financial Institutions Act 1989 (BAFIA) and<br />

63 “RM1 billion Fund to Assist SMEs Venture Overseas” 17 May<br />

2006, New Straits Times.

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