… Introduces Indemnity form for agents
Worried by constant arrest and prosecution of licensed customs agents by customs and other security agencies over importation of offensive items, the Association of Nigeria Licensed Customs Agents (ANLCA) has introduced indemnity form as a means to protect its members and indeed, all freight forwarders from such unwarranted arrest and prosecution.
Speaking with newsmen in Lagos on Friday, the National Vice President, ANLCA, Dr. Kayode Farinto observed that importation of offensive items including psychotropic substances like tramadol; arms and ammunition among others were increasing in the ports adding that when such occur, the first person to be arrested would be the customs broker who was actually clearing the consignment.
Farinto recalled that he had, as a result of this development which he said was assuming a worrisome dimension, advised members at various fora to go extra mile as freight forwarders to protect themselves and protect their agencies.
“In view of that, I have come out with an indemnity form, it’s going to serve as indemnity between the agency which is the indemnitee and the importer who is the indemnifier that is giving you the job”, he said.
Reading the content of the indemnity form, Farinto said, “The indemnitee desires protection against any personal liability, claim suit, non declaration of actual content in the cargo or any false declaration.
“Note that your bill of lading with number (you state the number on the bill of lading) is said to contain (you name the content of the consignment) and where any psychotropic y, illicit drugs or any offensive goods are found, we shall not be culpable.
“The indemnitee wishes to minimize any hardship the indemnitee might suffer as a result of any personal liability claim.
“The indemnitee is a member of the Association of Nigeria Licensed Customs Agents and shall be protected by them.”
He pointed out that where any other thing was found in that container on signing the indemnity, the agent would not be the first person to be punished.
“I have it on record, even last two weeks where these agents who are clearing a container were the first ones that were arrested. But the moment you have this indemnity, all you need to do is to go extra mile and notarized it for it to become a public document or a legal document. When you notarized it, it is stamped, it is approved. Then, if any offensive item is found in the consignment, you shall not be culpable.
“I am talking about genuine agents and genuine freight forwarders. It has its purposes and we need to enumerated that. One, we are likely to migrate to authorized economic operators. The moment your agency is being profiled on a daily or monthly or yearly basis as the case may be and you are found to be wanting, customs may not allow you to migrate to the status of economic operator.
“But if you have this indemnity for clearing your consignment and any other thing is found, all you need to do is to forward it to various departments; NDLEA, customs that the man that gave me the job gave me only this as per his bill of lading to clear. So, I am innocent, you should be notified. You will now see that you are protected as a freight forwarder or as a customs broker.
“The other advantage that we are looking at is that the Association of Nigeria Licensed Customs Agents is ready to protect any freight forwarder that issues indemnity to his customer and he is not practically culpable because whether you like it or not, he has exonerated himself that what you gave him to clear is so and so item by virtue of this indemnity, provided that you must notarized it in case the issue extends to court”, he said.
Asked what becomes of an agent who in a bid to secure a job failed to get his importer to sign the indemnity form, he said, “That will tell the freight forwarder that you must know your customer. I do know that this era of internet you can even collect bill of lading online, then, he now wire the money to you but you must still know your customer.
“It is not difficult for you to wire this indemnity form to him wherever he is, let him append his signature. Even if he is in America, let him state his address wherever he is in America so that when issue like this come on, you would have been seen to be on the side of the government. You will even be a witness in the matter, that it is not as if you are in the know of clearing offensive item.
“What will happen to another agent who will tell the importer to put the consignment in his name? We have cases like that, because you want to secure a job, you now instruct the importer to put the consignment in your name that he’s now the consignee. That person is only exposing himself, he is not protected. It looks like the agent is trying to hold high tension and what will happen to that person is instant death.
On whether or not the management of the Nigeria Customs Service (NCS) would buy into the indemnity form, Farinto who is also the Managing Director of Wealthy Honey Investment Limited had this to say, “You do not need customs to buy into it. You must be seen to be protecting yourself. On how will it be admissible in the law court? That is why we said, you must notarized it. Any document that is notarized becomes a legal and acceptable document anywhere in the world. It also shows that that person notarizing the document is absolving himself of any blame.
“So, you do not need anybody to buy into it, you must buy into it yourself to protect yourself. It becomes your life jacket now because you are on the sea. So, any agent that does not buy into it is holding a high tension or live wire and it is going to be injurious to him because the level of psychotropic substances and offensive item importation is increasing on a daily basis. So, we should now think of how to protect ourselves and one of the ways to do that is this.
“Even if any offensive item is discovered in your consignment, you would exonerate yourself, your lawyer will say this man is protected by virtue of this indemnity which has been notarized. You will see that that agency will be very cautious of manhandling you, in fact, you will be a witness to the government to arrest whoever is the culprit.
“So, the agents must buy into it. It is very important. For those of our members who do not know more than just to take bill of lading, you are not protecting yourself without indemnity because the man that is bringing in the consignment may not be there when these consignments were loaded.
“It is for the interest of the agents because a lot of people are suffering in silence and they are innocent people, they are not the importers particularly those that are collecting bill of lading online.”
Photo: National Vice President, ANLCA, Dr. Kayode Farinto.
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