By Steve Agbota
The National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has urged the federal government to tread carefully in its push for the implementation of the International Cargo Tracking Note (ICTN), warning that it could significantly escalate the cost of clearing goods at Nigerian ports.
In a formal petition addressed to President Bola Tinubu and members of the National Assembly, Lucky Amiwero, the National President of NCMDLCA, emphasised that the ICTN is not a service-based initiative and does not justify the fees and charges imposed on imports and exports. He further stressed that the framework lacks legal backing, raising concerns about its potential impact on trade and port operations.
“We hereby bring to the attention of the Federal Government the push for the implementation of International Cargo Tracking Note (ICTN), which was first introduced by the Nigerian Ports Authority(NPA) in 2010 and Second in 2015/2016 by the Nigerian Shippers Council (NSC) and now, there is a recent push by the Shippers Council(NSC) to implement a scheme that was suspended, due to the cost and procedure its effect on cargo clearance.
“The Technical Committee was constituted, in January 2016, was made up of the Nigeria Shippers Council(NSC), Manufactures Association of Nigeria(MAN) Shipping Association of Nigeria(SAN) and the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) to resolve the concern of stakeholders on the following; to examine all cost associated with the implementation of international Cargo Tracking Note, ascertain where the cost burden of the implementation of International Cargo Tracking Note, will rest to ensure that the already high cost of doing business at our port is not worsened.
“To examine the basis and justification for all related charges to review same, to review the implementation and documentation procedures for charges and service, the Committee was Chaired by the National President of National Council of Managing Directors of Licensed Customs Agents(NCMDLCA) Lucky Eyis Amiwero, and after careful assessment of the deliberation based on the implication and complexities the implementation was suspended,” he explained.
Additionally, he said the ICTN is not backed by law and will create additional procedures that will constitute delays in the already lengthy and cumbersome port operation.
According to him, it is not tied to Service of any sort, as contained in Article 6 of the Trade Facilitation Agreement (TFA) on fees imposed in connection with importation and exportation.
Furthermore, he noted that the Nigeria Customs Service Act Section 28-(1)-(4) covered the obligation of Cargo Tracking Note, which conferred authority to the Service, to develop, maintain and employ an electronic system, while the Service is the lead agency for the exchange of information between the Service, agencies of the government, and traders.
“It was specified all persons directly or indirectly involved in the accomplishment of Customs formalities, application and authorization concerning the Service procedure or status of specific importers, exporters, Customs representative/Licensed Customs Agents (LCA) and others involved directly or indirectly with trade transaction revenue collection, protection and accounting risk management,” he explained.
He maintained that the Service shall specify the standard form and content of electronic data consistent with international best practice rules regarding the maintenance of data
He said the Service shall also specify the rules for access to electronic systems and data by Service offices, government agencies and traders through regulations as may be issued by the Service.
“In addition, Section 35 of the Act specifies, that the service may-(a) render pre-arrival process, examine documents and data relating to the goods in the course of commercial operation involving the goods to ascertain the accuracy of the particulars contained in the goods declaration and other document, information and data, examine and take sample of goods where necessary, at the premises of the holder of the goods or his representative or any other person directly or indirectly involved in the transaction or possession of the documents, information and data relevant to the examination.
“As provided in Section 28 and 35 of the Nigeria Customs Act, the deployment of electronic system, and pre-arrival process is the exclusive preserve of the service and is the lead agency to all government agencies, which exclude other government agencies from deploying international electronic Tracking Note system.
“The legislation of other government Agencies, do not contain any provision of electronic system and pre-arrival process, about Import and Export and the clearance of goods, deploying any electronic system is in contravention of the laws, additional cost, duplicated process, and obstacle to trade,” he added.