Maritime Report

August 19, 2020

Council calls for amendment of Customs Act

Customs

Nigeria Customs Service

By Godfrey Bivbere

NATIONAL Council of Managing Directors of Licensed Customs Agents, NCMDLCA has called for the amendment of the Customs and Excise Management Act, CEMA, to bring the law up to date with the current realities.

NCMDLCA, in a letter addressed to the presidency noted that some aspects of the existing law is outdated while some other processes and procedures allied by the Nigeria Customs Service, NCS, are not contained in the enabling Act.

The Council, in the letter signed by the National President, Lucky Amewiro, also disclosed that some treaties, conventions and protocols that contain tools for the application of procedure on international best practice that is presently applied by contracting parties on trade globally are not contained in the CEMA.

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The Council explained that some other areas that need amendment are Post Clearance Audit, PCA, the measure by which Customs satisfy themselves as to the accuracy and authenticity of declarations through the examination of the relevant books, records, business systems and commercial data held by persons concerned and Risk Management System, RMS, which are a set of components that provide the foundation and organisational arrangements for designing, implementing, monitoring, reviewing and continually improving risk management throughout the organization, by identification of High risk shipment and automate them.

Others are Authorised Economic Operators, AEO, which is the Validation of Simplified, expedited process to authorised economic operators on safety/security in line with WCO Safe frame work of Standard to Secure and Facilitate Global Trade, WCO Safe Frame Work; Scanning which means Non-Intrusive Inspection, NII, equipment and radiation detection equipment should be used for inspection, to inspect high-risk containers of cargo quickly without disrupting the flow of legitimate goods under WCO Safe FrameWork, NII. Others are Appeal Procedure And Right of Appeal Without Penalty which means the appeal procedure as contained in WCO Revised Kyoto Convention Chapter 10 WTO Article X-(B) To Maintain Judicial, Arbitral Or Administrative Tribunals independent of Customs for prompt review and correction of matters relating to Customs. The Council said that no party should be imposed the substantial penalty for a minor breach of Customs regulation of procedural requirements.

Amewiro also stated that other areas that needed amendment are advance ruling, information publication and administration of trade regulation, financing of customs service operation, rule of origin and intellectual pro party right. The list also includes mutual administrative assistance, development of electronic system, single-window platform, travelers/duty-free shop, offence, and penalty and tenure and qualification of the comptroller-general.

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