DISCOURSE: The Need To Implement Presidential Order On Reduction Of Security Agencies In Nigerian Ports

By Lucky Amiwero

We hereby bring to the attention of the Federal Government, the lengthy and cumbersome procedures in the Port, and the need for the implementation and enforcement of the Executive order on the reduction of security agents and a one-stop-shop process as provided in the Port (related offences, Etc.) (Amendment) Act No.61 of 26th May 1999.

The National Facilitation committee (FAL) of (IMO), which the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) was a member of the Federal Government committee, facilitated the emerges of the Port (Related offences, Etc.,)(Amendment Act No.61 of 1999 to ease the port of  cumbersome and lengthy procedures.

(1) As a result of conflicting interpretation of the 1999 Budget Speech on Port Reforms announced by the then Head of state, General Abdulsalami Alhaji Abubakar, the Honorable Minister of Transport issued clarification of the authorized Agents who are to be in the Port and perform examination   reference no MT.206/S.70/VOL.1V OF 20 January 1999, which is attached and marked appendix 1

(2) Subsequently, the secretary to the Government of the Federation, clarified, the agencies that are to be in the port in reference ECD/P/32/S.1/37 OF 28TH January 1999, the only agencies authorized to be at the point of examination of Cargo and clearance of Import

Copy of the Secretary to the Government of the Federation is attached and marked appendix 2.

(3) The Managing director of Nigeria Port Authority, through directive issued out Memo, reference RE:- implementation and enforcement of policy measures enunciated in the 1999 budget speech of the head of state, commander-in chief of the armed forces of the federal republic of Nigeria, general, Abdulsalami Abubarkar of 3rd of March 1999  reference, md/25/Cir./51 of 1 February 1999

Copy of the Memo from the Managing director is attached and marked

Appendix 3

(4) Further clarification was made by, the Managing Director on the examination of Cargo, which was clarified that is the primary responsibility of the Nigeria Customs Service, who can invite, any other Agency as considered necessary to participate, the Nigerian Police is to be invited on request, and are to protect the Cargo and personnel so to have a peaceful operation in the port

Copy of the Managing Director memorandum dated 5th October 2000 is attached and marked appendix 4

Various Circulars and Memo on the reduction of security Agents, from the Head of State, the Secretary to the Government of the Federation, the Honorable Minister of Transport, the Managing Director of Nigerian Ports Authority (NPA) and the National Facilitation Committee of (FAL/IMO), facilitate directive in to the enactment of the Act, tagged, Port (Related offences, etc) Amendment) Act No.61 of 1999

THE PURPOSE OF GOVERNMENT ENACTMENT OF THE PORT RELATED OFFENCES, ETC) (ADMENDMENT ACT NO.61 OF 1999

The Government in a bid to reduce the number of Security Agents in the Ports issued out circular that was never obeyed, which prompted the Federal Government under General Abdulsalami Abubakar to enact Act No. 61 of 1999.

It was facilitated by the Inter-Ministerial Committee of National Facilitation (FAL/IMO) in line with FAL/IMO convention to Facilitate Maritime Traffic by simplifying, Minimizing and Harmonizing processes and procedure in the arrival, stay and departure of ship and cargo and the application of World Trade Organization (WTO) Trade Facilitation Agreement (TFA) World Customs Organization Kyoto Convention on the Harmonization and Simplification of Customs procedure

The National Facilitation Committee (FAL/IMO) midwifed the process of the Port (Related offences, Etc.) (Amendment) Act No. 61 of 1999, in which National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) served as a member.

Copy of the National Facilitation FAL/IMO Committee letter of appointment is attached and marked appendix 5,

PORT (RELATED OFFENCE, ETC) (ADMENDMENT) ACT NO 61 FOR THE REDUCTION OF SECURITY AGENTS AND ONE-STOP-SHOP PROCESS IN THE PORT

The Port (related offences, Etc.) (Amendment) Act No.61 of 1999, was enacted for the purpose of reducing the number of Security Agents entering the Port and participating in the Examination of goods and also to have a one-stop-shop process in the Port

NUMBER OF AGENCIES ALLOWED INTO THE PORT AND TO BE INVOLVED IN EXAMINATION AND THE CLEARANCE OF GOODS

The number of Security agents that are allowed to be in the Port is as contained and stated in the under listed provision:

(1) Notwithstanding anything to the contrary contained in any law or enactment, including the Customs and Excise Management Act, the Nigerian Ports Authority Act of 1999 and the Federal Airport Authority Act 1996, it shall be unlawful for any person, not being a duly authorized officer or agent of any of the following namely

(a)The Nigeria Customs Service

(b)The Nigeria ports Authority

(c)The Federal Airport Authority of Nigeria

(d)The Nigerian Immigration Service

(e)The Port Police; and inspection agents

(f)Licensed Customs Agents (LCA) Section 1-(1A) of the Act:

To do any of the acts or things mentioned in subsection (2) of this Section, Not allowed to enter the Port

CUSTOMS AS THE LEAD AGENCY AND ONE-STOP- SHOP PROVISION IN THE PORT (RELATED OFFENCES, ETC) (ADMENDMENT ACT NO. 61 OF 1999

The provision of Section (1A) of the Act Provide for LEAD AGENCY   AND A ONE -STOP-SHOP process under the control of Nigeria Customs Service (NCS)

The provision states, without prejudice to the provision of subsection (1) of this section, the Nigeria Customs Service may if it considers it appropriate, by written notification, require the presence of any other relevant agency of the Federal Government in the course of the administration of the Customs and Excise Laws with respect to importation or exportation of goods in any port.

WRITTEN NOTIFICATION TO BE ISSUED BY THE NIGERIA CUSTOMS SERVICE IF THE PRESENCE OF ANY FEDERAL GOVERNMENT AGENTS IS REQUIRED

Section (1B) clearly states, Notwithstanding the provisions of subsection (1a) of the Section and unless otherwise requested by written notification by the Nigeria Customs Service, it shall be unlawful for any person, not being a duly authorized officer or agent of the Nigeria Customs Service, the appointed Inspection Agents or any other person as may be authorized by law or instrument to that effect, to be concerned with or be involved with the actual process of examination and clearance of goods in any port

Copy of Port(related Offences, Etc)(Admendment) No. 61 1999 is attached and marked appendix 6

As member of the National Facilitation Committee of International Maritime Organization(IMO/FAL) Member presidential Task Force to Reform Customs,  Member Presidential Committee on Realization 48 hours Clearance of goods from Nigerian Ports, Member Presidential Committee on Destination Inspection,, Member Import Clearance Procedures and Implementation of Fiscal policies,  Member Task force on the review of levies, charges and rates at the port, Member special committee on action-plan for clearing cargo backlog at  Lagos port:

We   implore the Federal Government to act and address the lengthy, cumbersome procedures and Costly process in our Ports System by implementing the Port (Related offences, Etc., (Amendment) Act , so as to free the Port from bottle neck s and make our port a preferred Port within the sub-region.

Amiwero is the President. National Council of Managing Directors of Licensed Customs Agents