Customs agents petition Presidency over ‘illegal collection’ of operating fee by CRFFN

The National Council of Managing Directors of Licensed Customs Agents (NCMLCA) has petitioned President Muhammadu Buhari, over what it described as “illegal collection” in the proposed Practitioners Operating Fees (POF) by the dissolved governing board of the Council of Regulation of Freight Forwarding in Nigeria (CRFFN).

The group, in a letter exclusively obtained by The Guardian, signed by the National President, NCMDLCA, Lucky Amiwero, stated that such act contravenes the Federal High Court ruling; letter from the Secretary to the Government of the Federation, and the World Trade Organisation (WTO) Articles VIII on fees tied to service on import and export.

The petition was also addressed to Vice President, Yemi Osinbajo; Secretary to the Government of the Federation; Minister of Transport; Minister for Finance; President of the Senate; Speaker of the House of Representatives and other committee members in the legislative chambers.

The Minister for Transport, Rotimi Amaechi, had earlier directed that from January 1, 2017, nobody will be allowed access into the seaports and airports without a security gate pass.

He directed in a letter referenced T.4604/S.2/T3/491 that as a requirement for access into the ports, freight forwarders must possess the CRFFN certificate or identity card before obtaining the gate pass to operate at the seaports, airports, and land border stations.

It also declared that the “CRFFN shall collect all monies for the Practitioners Operating Fee (POF) and warehoused by the Council and disbursed based on the formula recommended by the committee,” 

The NCMDLCA said “illegal collection” comes with security, legal and economic implications to the ministry of finance and the Nigeria Customs Service.

The implications of the CRFFN Act, according to the petition include; Non-existence of liability on the collection of import duty and other charges in the performance of import, export and excise function under the CRFFN Act.

Others are Non-existence of security/bond as required by the CEMA, WTO/WCO on the performance of import, export and excise function under the CRFFN Act; and Non-existence of fixed address for tractability of infractions under the CRFFN Act.

The petition said there is therefore an urgent need for the Federal Government to intervene, stating that the international trade procedure, fiscal measures, trade laws among others are regulated globally by the Federal Ministry of Finance, who regulates the economic environment of the nation.

“The CRFFN Act provides only for annual subscription fees, which is supposed to be collected from its members and not the ports. There is a conflict with the CRFFN Act with regards to various contradictory provisions that will affect the security, revenue generation, regulatory conflict on the import and export between Federal Ministry of Finance, Nigeria Customs Service and CRFFN.

“We hereby request that the illegal collection should be stopped while the perceived contradiction in the Act should be properly looked into by government to reduce the cost of doing business in Nigerian Ports and limit the confusion the illegal introduction will generate in Nigeria economy,” it stated.