The President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has called on President Muhammadu Buhari, the Minister of Finance, Mrs. Kemi Adeoshun and the Comptroller-General of Customs, Col. Hameed Ali (rtd.) to evolve a process of separating the licensed customs agents from the freight forwarders so as to address the vexed issues currently affecting the economy of the nation.
Amiwero who made this appeal in a letter he addressed to President Buhari and copied to the Minister of Finance and twelve others contended that the curriculum of the freight forwarder were transport related and had no relation to the Provision of Section 153, which gave authority to the Licensed Customs Agents to do all function required by importer, Exporter and Excise trader relating to the Act.
While arguing that the licensed customs agents are not freight forwarders, he explained that the Licensed Customs agent by law and practice are involved in, interpretation, classification, treatment and application of intentional trade procedure and Government Fiscal policies, while the Freight Forwarders arranges the carriage or movement of goods.
He averred that some licensed customs agents may have participated in the last governing council election of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) because they own Transport Company to forward their goods describing the freight forwarder as a transporter.
According to him,” The curriculum of the freight Forwarder are transport related and has no relation to the Provision of Section 153, which gave authority to the Licensed Customs Agents to do all function required by importer, Exporter and Excise trader relating to the Act.
“We hereby request the Presidency, Ministry of Finance and the Nigeria Customs Service to critically look at the implication to the Economy and address the vex issue by separating, Freight Forwarders who are transporters operating at international boundaries, from Licensed Customs Agents , who are legally authorised to operate based on Section 153 Authorisation, 154 Liability of Agent for Duty, etc. regulation of Custom and Excise under Section 156 and domestic/International Instruments”.
Amiwero who is also the Managing Director of Eyis Resource maintained that it was a misrepresentation to assume that licensed customs agents are freight forwarders and that subjecting them under CRFFN regulation would amount to double regulation on the part of the licensed customs agents with its attendant implications on the economy.
“Freight forwarding either as Transport function and legal practice is not contained anywhere in the Customs and Excise Management Act C45 2004, the only legal and operating function is the CUSTOM AGENT under section 153-156 of the Customs and Excise Management Act.
“ Legally, Freight Forwarding has never being practiced or licensed in Nigeria but only the Licensed Customs Agent, so the provision of section 19-(2) of the CRFFN Act has no relation to Licensed Customs Agents who are legally Licensed and regulated by Federal Ministry of Finance.
“The Licensed Customs Agent by law and practice are involved in , interpretation, classification, treatment and application of intentional trade procedure and Government Fiscal policies , while the Freight Forwarders arranges the carriage or movement of goods.
“Some Licensed Customs Agent, may own transport company to forward their goods that is why, some Licensed Customs Agent participated in the CRFFN election due to their involvement in transportation.
“Freight Forwarder are just transporter who are not allowed into the Port under Custom legal Notice 3, Which only allows the Custom Agent issued with Customs permit to enter the Port. Copy of the Customs Legal Notice 3 is attached and marked appendix 2.
“The Licensed Customs Agent are Licensed and Regulated under the Customs and Excise Agents (Licensing) Regulation excludes the freight Forwarders under the provision of paragraph 3, which clearly states,(prohibition of business of Customs and Excise agents by unauthorised persons) no person shall, except under and accordance with the authority of a Customs and Excise Licensed carry on the business of a Customs agents.
“For Anybody to be involved in the process of collection of Import duty and other Function as Contained in Section 153 of the CEMA, such person/ Company must have complies with the provision as contained in Regulation process authorised by international and Domestic law before he can practice as Licensed Customs Agents. COPY of the licensing of Customs and Excise Agent Regulation is attached and marked appendix 3”, he said.
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