Cargo Tracking Note Not Backed By Law, Say Clearing Agents
. Petitions Tinubu About Dangers Of ICTN
By Sulaimon Salau
The International Cargo Tracking Note (ICTN) is not backed by law, and will create additional procedures that will constitute delay in the already lengthy and cumbersome port operation, the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has said.
The group, in a petition to President, Bola Ahmed Tinibu, and signed by its National President, Lucky Amiwero, said the ICTN “is not tied to service of any sort, as contained in Articles 6 of Trade Facilitation Agreement (TFA) on Fees and Charges imposed in connection with imports and exports”.
The petition obtained by Slye News reads:
“We hereby bring to the attention of the Federal Government on the push for the implementation of International cargo tracking note (ICTN), which was first introduced by Nigerian Ports Authority (NPA) in 2010 and the Second in 2015/2016 by Nigerian Shippers council (NSC) and now, there is a recent push by the Shippers Council (NSC) to implement a scheme that was suspended, due to the cost and procedure its effect on cargo clearance.
Government had constituted a Technical Committee in January 2016, which was made of Nigeria Shippers Council (NSC), Manufactures Association of Nigeria(MAN) Shipping Association of Nigeria (SAN) and the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) to resolve concern of stakeholders on issues of: cost associated with the implementation of international Cargo Tracking Note; ascertain where the cost burden of the implementation of International Cargo Tracking Note, will rest with a view to ensuring that the already high cost of doing business at the port is not worsened
Also, the committee was made to examine the basis and justification for all related charges with a view to reviewing the same; and to review the implementation and documentation procedures for charges and service.
The Committee was Chaired by the National President of NCMDLCA Lucky Amiwero, and after careful assessment of the deliberation based on the implication and complexities the implementation was suspended.
The clearing agents insisted that the international Cargo Tracking Note is not backed by law, and will create additional procedures that will constitute delay in the already lengthy and cumbersome port operation.
On the processes, the group however, stated that, “The Nigeria Customs Service Act Section 28-(1)-(4) covered the obligation of Cargo Tracking Note, which conferred authority to the s
Service, develop, maintain and employ and electronic system, while the Service is lead agency for exchange of information between the Service, Agencies of the Government, and traders.
“It was clearly specified: All person directly or indirectly involved in the accomplishment of Customs formalities; Application and authorization concerning the Service procedure or status of specific importers, Exporters, Customs Representative/Licensed Customs Agents(LCA) and others involved directly or indirectly with trade transaction (Revenue collection, protection and accounting and Risk management).
Others are that: “The Service shall specify the standard form and content of electronic data consistent with international best practice rules regarding maintenance of data
“The Service shall also specify the rules for access to electronic systems and data by Service offices, Government agencies and traders through regulations as may be issued by the Service.
“In addition, Section 35 of the Act clearly specify: The service May-(a) Render pre-arrival process, examine documents and data relating to the goods in the course of commercial operation involving the goods in order to ascertain the accuracy of the particulars contained in the goods declaration and other document, information and data
(b)Examine and take sample of goods where necessary, at the premises of the holder of the goods or his representative or any other person directly or indirectly involved in the transaction or in possession of the documents, information and data relevant to the examination.
“As provided in Section 28 and 35 of the Nigeria Customs Act, the deployment of electronic system, and Pre-arrival process is the exclusive preserve of the service and is the lead agency to all Government Agencies, which clearly exclude other government agencies from deploying international electronic Tracking Note system.
“The legislation of other government Agencies, do not contain any provision of electronic system and pre-arrival process, in relation to Import and Export and the clearance of goods, deploying any electronic system is in contravention of the laws, additional cost, duplicated process, and obstacle to trade,” he stated.
