Notwithstanding any law or agreement to the contrary, any bank in Ghana shall at the direction in writing of the Trust transfer to the Trust such of its non-performing assets-

(a) as are in existence at the commencement of this Act; or

(b) as may exist as determined by the audited account of the bank on the 31st day of December, 1989 if the loans and advances or equity investments were actually on the books of the bank on the 30th day of June, 1987, even if not identified or determined at that time to be non-performing.