Non-Compliance to Trade Regulations is Biggest Problem in Our Ports – Says Aniebonam

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By Francis Ugwoke
The biggest issue in Nigerian ports that has impacted negatively on trade facilitation is lack of compliance to regulations guiding trade.
Founder, National Association of Govbernment Approved Freight Forwarders (NAGAFF), Dr. Boniface Aniebonam gave an indication that it was failure to abide by trade laws that has led to delay in clearing processes and possible extortion by security agents in the system.
Aniebonam said no importer or his agent should expect a smooth trade facilitation when there are issues of non-compliance to trade regulation in respect of any consignment being processed for clearance.
Aniebonam while responding to a question on the activities of security agents at the ports, including the officers of Customs Service, during a forum organised by League of Maritime Editors & Publishers recently, maintained that the issue has been non-compliance to trade rules by importers.
Aniebonam argued that nobody who is involved in illegality should be talking of trade facilitation, adding that no government plays with revenue generation as it needs money.
The NAGAFF founder also maintained that if not for the human nature of customs officers, it would have been a terrible situation for those involved in infractions at the ports.
On his reaction on resident customs officers who have been complaining over the presence of operatives of the Federal Operations Units (FOU) near the ports, Aniebonam said such officers were not sincere to themselves.
According to him, what would such resident officers have done if they were the ones posted to the FOU.
However, the NAGAFF founder said some officers who raid markets apparently relying on the powers of the Customs should exercise caution in doing so because of possible casualty that could lead to death of traders.
He was of the view that in carrying out lawful order, officers should apply the issue of morality.
He said, “The real term for trade facilitation is compliance. If you are not compliant to import, export regulations, don’t bring that word trade facilitation. The problem in our ports is that the greater number of port users are not compliant to trade facilitation and therefore no need talking about trade facilitation. You don’t facilitate illegality. No government plays with revenue because they need the money.
“The customs, if not that they are human beings, it will be terrible. Where we have problem we don’t attack it, CBN is a major problem in international trade in Nigeria because they come up with policies you don’t understand, no notice, look at exchange rate has changed overnight”.
On the activities of FOU operatives near the ports, he said, “The directive is very clear, 40 kilometers away from the gateway, the border lines. That is where you have checkpoints because of the expanse of the Nigerian borders. And that is why NAGAFF posited that those young officers that were killed in PortHarcourt , it was avoidable incidence because they were not supposed to be there as a road-block even within the internal operations. The directive of the CGC is that they should rove to visit a place when there is reasonable information. They should not stay more than 24 hours. Is that what is going on. Somebody can ask question, are we saying that the Headquarters of the Customs does not know anything about it. I should assume that they don’t know. What do you want me to say? So, there is need for supervision and feedback. Lets tell ourselves the truth, something is wrong with us as Nigerians. Those who are bitter and who are telling you that thing ( Resident customs officers complaining about FOU operatives staying close to ports gates) is laughable. You know why, next time, if you run into such officers, ask them… if they post you to FOU, what will you do?. Let me again emphasis, what is customs, what is excise, customs means duty payable at entry point, revenue collection at the entry point of the seaport, airport and border. The power of customs to patrol freely, to enter a place where there is information of material substance in breach of customs law, power of patrol freely that there must be intelligent information for them to visit a place. That is why when the issue of raiding market comes up, there is mixed feeling. Why markets, raid is synonymous with use of force and customs is para-military, they carry gun. So, if you carry gun and you apply that force and go into the market there may be casualty – so the issue of morality comes in. Customs has power to enter markets but morally, do you need to do that? If something happens, some people will die because of rice? Customs law is very strict on matter of revenue and economic sabotage. So, we need to be very careful when dealing with customs. But what we are saying is that any law that goes against humanity, the well being of people, is not a good law, is a bad law. So, there is need to exercise caution in the application of the law on the part of the customs and any other agency of government”.

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