The National Association of Government Approved Freight Forwarders (NAGAFF) has called on the Federal government of Nigeria to set up a joint technical committee to harmonize the application of the Customs law with the freight Forwarding Act of 2007.
In a letter addressed to the Honourable Ministers of Transport and Finance, Senator Idris Umar and Dr. Ngozi Okonjo Iweala respectively titled,” The need for Harmonization of Operational Relevance of
Customs and Excise Management Act (CEMA) with the Council for the regulation of Freight Forwarding in Nigeria (CRFFN)”, and signed by the Secretary General of the Association, Fwdr. Increase Uche, the association noted that the licensing regulation of the Nigeria Customs Service under section 153, 154, 155, 156, and its Codes needed to be harmonized with the application of section 19 (a and b) of the CRFFN Act.
According to the letter, “ whereas the customs law recognizes corporate bodies licensed by customs, primarily the CRFFN lay emphasis on individuals whose name appeared in the register of Freight Forwarding”.
“These two legislative instruments appeared to be in conflict because CEMA may not have recognized the nomenclature of Freight Forwarding practice but licensed customs agents and importers/exporters. The point herein canvassed is to state the obvious that freight forwarders as a profession may not materialize in reality and practice if CEMA and CRFFN operators do not sit down to harmonize position”.
The letter which was copied to the President, Goodluck Jonathan, Senate President, Senator David Mark and seven others blamed the difficulties confronting the CRFFN with regards to taking off effectively in the last four years of its existence on licensing regulation of the customs.
It added that since the freight forwarders as professionals did not require customs license to practice, the Nigeria customs may not be prepared to accept any declaration made to it by a freight forwarder whose name appeared in the register of freight forwarding in Nigeria saying that this was the dark spot and conflicting zone.
The letter further suggested that NAGAFF as the umbrella body of the freight forwarding associations in Nigeria would be ready to make further input in that regards advising that the key to import compliance, 48 hours cargo clearance and best practice in the nation’s ports must be powered by an act of professionalism for which CRFFN represented.
“Obedience to the act of professional practice is human rather than corporate body known to the law. In the interest freight forwarding practice, port operations, Compliance to import regulation, integrity, best practice and obedience to the rules of engagement, there is urgent need for harmonization of the two legislative instrument governing freight forwarding practice in Nigeria. If we fail to do it, the effort in our ports reform, Custom modernization, standardization of procedures and the tenets of rule of law may be a mirage”.
“It is therefore our submission that the Honourable Ministers of Transport, Finance, Customs, CRFFN, NSC, NPA, NAGAFF, NCMDLCA, AREFFN, NAFFC and ANLCA should meet and harmonize the dark spots of the two legislative instruments for the good of our international trade, customs formalities and freight forwarding profession. Any representation made by the Federal House members from the Committee of Marine and Transport shall add impetus in this harmonization request”, the letter suggested.
