FG BANS MDAs FROM TRANSACTING BUSINESS WITH UNREGISTERED FIRMS
The Federal Government has banned Ministries, Departments and Agencies (MDAs) from transacting business with companies and other corporate bodies that were not duly registered by the Corporate Affairs Commission.
A circular issued by the Office of the Secretary to the Government of the Federation said that the measure is aimed at protecting MDAs from entering contractual obligations with fake or unregistered companies, even as the Minister of Finance warned that payments for contracts by companies that did not comply with the requirements may not be considered.
For companies and other corporate bodies to qualify for business transactions with MDAs, their letterhead must bear the Registration Number (RC) as issued by the Corporate Affairs Commission.
The letter head must also have contact telephone numbers, valid e-mail address and official company address as well as the names and nationalities of the Directors of the company at the bottom of the page.
The Circular said: “This is to ensure transparency in the dealings of Government with corporate entities and to ensure compliance with the provisions of the Companies and Allied Matters Act.”
To strengthen the enforcement of the circular, the Minister of Finance, Mrs. Kemi Adeosun, has directed the Accountant-General of the Federation to cause all Directors of Finance and Accounts in Federal MDAs to strictly comply with its contents.
The Minister urged those wishing to engage in transactions with Government entities to comply with the requirements to avoid delay in payment.
NIGERIA TO SERVE AS IsDB REGIONAL HUB FOR AFRICA
Nigeria may become the regional operational hub of the 43-year old Islamic Development Bank (IsDB) in Africa, as the development finance institution is considering a proposal to expand its existing country gateway office in Abuja to serve as a key regional office.
The office, which was opened by the Minister of Finance, Mrs. Kemi Adeosun earlier in the year, will coordinate the operations of the Bank in its West and Central African member-countries, which constitute a majority of the 27 African countries in the Institution.
The Abuja gateway office will serve Nigeria, Gabon, Niger, Mozambique, Barkina Faso, the Republic of Cameroon, Uganda, Senegal, Djibouti, Guinea Bisaau, among others.
The move is part of a five-year reform package unfolded by the President of the Islamic Development Bank, Dr. Bandar Mohammed Hajjar at the opening ceremony of the 42nd meeting of the Bank in Jeddah Tuesday night.
He said that decentralization by opening of regional offices would take the Bank closer to member countries to enhance communication, improve its efficiency and performance in its operations.
“We have completed an extensive study of decentralization that included field visits to some development institutions that applied this approach to maximize benefits and avoid draw-backs. Greater powers would be devolved on regional offices to support them with specialized staff and the transfer there of many operations from the main centre,” he said.
The President of the IsDB explained that the Bank would enhance the development impact of its projects and programmes through comprehensive development solutions that integrate services and products in its member-countries.
Dr. Hajjar said that while financing infrastructure projects (energy, water, universities, ports and airports) is part of the new focus of the Bank, the reform would vigorously “seek new partners and transform competitors into development partners by harnessing strength and comparative advantages of the Bank.”
The Bank took off in 1974 and its main objectives were to finance development projects in various social and economic fields, reduce poverty and ignorance among the 1.7 billion citizens of the 57 member countries of the institution.
Nigeria is an active member of the Bank and had benefitted from its development financing programmes located in various parts of the country, and only recently Governors of the Northern States and the Minister of Science and Technology, Dr. O. Onu visited its headquarters in Jeddah where they discussed areas in which the Bank could intervene in different sectors of social and economic development.
The Nigerian delegation to the 2017 meeting of the Bank was led by the Permanent Secretary, Federal Ministry of Finance, Dr. Mahmoud Isa-Dutse.
FEDERAL MINISTRY OF FINANCE REVISED EXPORT GUIDELINES FOR NON-OIL EXPORT
Any person intending to export non-oil Products out of Nigeria shall in the first instance, process the Nigerian Export Proceeds Form (Form NXP or any other form so prescribed) through an Authorized Dealer Bank irrespective of the value and whether or not payment is involved.
The following procedures shall apply from the date of issuance of these guidelines in respect of all Non-oil export products from Nigeria.
1.All non-oil exports from Nigeria shall be subject to inspection by the Pre-shipment Inspection Agent(s) (PIA) appointed for that purpose by the Government.
2.Goods prohibited for exportation from Nigeria as contained in the annual Fiscal Policy guidelines shall not be inspected by a Pre-shipment Inspection Agent(s). Goods on the current Export Prohibition list are detailed in SCHEDULE “B” as appended.
3.The focus of the Pre-shipment Inspection Agents (PIAs) shall be to ascertain the quality, quantity and price competitiveness of exports from Nigeria.
4.An exporter shall collect for completion a set of Form NXP in sextuplicate from any bank of his choice. The completed Form NXP shall be returned to the same bank not less than five (5) working days prior to loading. On receipt of the completed form, the bank shall assign number to it, register and endorse same. The bank shall retain the original copy and send the remaining copies to the Pre-shipment Inspection Agent(s) within three (3) days of receipt and a photocopy to the exporter within twenty four (24) hours.
5.The exporter shall open an export domiciliary account with any bank in Nigeria with which the exporter registered the Form NXP in the first instance. The Form NXP shall be completed in sextuplicate in respect of each export transaction.
6.The exporter shall retain a photocopy of the Form NXP and use the NXP number as reference in all dealings with the issuing bank, Central Bank of Nigeria, Pre-shipment Inspection Agent(s), Nigeria Customs Service and any other relevant Agency.
7.The Form NXP shall be utilized within six (6) months from the date of registration. On expiration, the bank can process and approve an exporter’s first request for the extension of an expired Form NXP for a period of not more than ninety (90) days. Any subsequent request for extension shall be forwarded by the bank to the Director, Trade and Exchange Department, Central Bank of Nigeria, Abuja for determination.
8.Following the completion of the Form NXP, the exporter shall collect a REQUEST FOR INFORMATION (RFI) Form from the Pre-shipment Inspection Agent. The purpose of the RFI Form is to enable the Inspection Agents to coordinate with the exporter, a date and time for the inspection.
9.(a)The exporter shall submit the completed RFI to the Pre-shipment Inspection Agent(s), along with all other relevant documents relating to the export transaction not less than 5 days prior to shipment.
(b)The PIA(s) shall set up websites for interaction and online processing of export applications.
10.The exporter shall be required to pay to a designated bank immediately after inspection of the non-oil export but prior to the issuance of CCI, the Nigerian Export Supervision Scheme (NESS) Levy which is currently 0.5% of the F.O.B value of the exported non-oil products and deliver the receipt to the PIA within five (5) days of the payment.
11.The exporter shall also request and collect a BILL OF LADING DECLARATION FORM from the PIA which shall be completed after loading and submitted thereafter to the PIA.
12.The Pre-shipment Inspection Agent(s) shall inspect the quality & quantity, determine the fair value of the exports and issue a Clean Certificate of Inspection (CCI) in respect of such exports after receipt of Form NXP and NESS Levy receipt. The PIA shall collaborate with other relevant regulatory agencies (e.g NAFDAC, SON, Plant and Animal Quarantine, Federal Produce Inspectorate, etc.) for quality inspection of regulated products.
13.The exporter shall retain a photocopy of the Form NXP and use the NXP number as reference in all dealings with the Central Bank of Nigeria, the Pre-shipment Agent(s) and the Nigeria Customs Service within five (5) days of the inspection.
14.The Pre-shipment Inspection Agent(s) shall complete its own section in the NXP Form, send the second copy to the Central Bank of Nigeria, retain a photocopy and forward the remaining four copies to the Nigeria Customs Service.
15.After completing its section of the form, the Nigeria Customs Service shall retain the third copy and distribute the remaining three copies as follows:
•Fourth copy to the Central Bank of Nigeria
•Fifth copy to the Nigerian Export Promotion Council.
•Sixth copy to the exporter. (The exporter shall make a photocopy and submit to the processing/collecting bank to update its records).
16. The Pre-shipment Inspection Agent(s) shall ensure the quality & quantity, advise the fair value of the products exported and shall, if satisfied, issue a Clean Certificate of Inspection (CCI) in respect of such products. The CCI shall comprise eight (8) original copies which shall be distributed as follows:
•1st Original to the exporter for the Buyer
•2nd to the exporter for his bank
•3rd to the exporter for ship/freight Agent
•4th copy to the Nigerian Export Promotion Council.
•5th copy to the Nigeria Customs Service (Area Comptroller at the Port of shipment)
•6th copy to the Federal Ministry of Finance
•7th copy to the Central Bank of Nigeria
•8th copy to the Nigerian Ports Authority.
•A Certified True Copy each to the Nigeria Customs Service (Headquarters), National Bureau of Statistics (NBS).
17.In the event of rejection of a product on inspection by the PIA or any other related issues, the exporter shall be contacted for explanation. A Non-negotiable Certificate of Inspection (NNCI) shall be issued by the PIA where discrepancy exists in the value of the exports and the value earlier assessed by the exporter, or in the quality and quantity of the goods so inspected.
18.(a)The inspection shall take place at the seaports, airports, terminals or other points of dispatch or at point of production and or storage in the presence of the Nigeria Custom Service and other relevant Agencies.
(b) After the receipt of RFI and other relevant documents, the PIA shall schedule inspection within 48 hours and issue CCI within 72 hours after inspection of the consignment.
19.The exporter shall provide necessary logistics at the export terminals/warehouses to enable the Pre-shipment Inspection Agent(s) perform the inspection.
20. Where exports involve processed food, drugs, animals or plants, liquefied natural gas, liquefied petroleum gas, condensate, Dual Purpose Kerosene (DPK), lubricants and grease, the relevant Government Agencies shall be invited for certification.
21.Exporters should be aware that once goods have been inspected and CCI issued, any variation between goods presented for loading and those confirmed by the CCI will render the exporter liable to penalties in accordance with the Laws of the Federal Republic of Nigeria.
22.The Nigeria Customs Service shall ensure that any cargo without a CCI duly issued by a Government appointed Pre-shipment Inspection Agent is not loaded into the sea going vessel, aircraft or border crossing vessel.
23. Repatriation of Export Proceeds:
(a) All exporters shall ensure that export proceeds are repatriated and credited to their export domiciliary account within 180 days from the Bill of Lading date.
(b) Letters of Credit (LC), Bills for collection, advance payment and/or other approved international modes of payment shall be accepted for all exports from Nigeria.
(c) It is the responsibility of Central Bank of Nigeria to monitor the repatriation of all export proceeds.
24. The Nigeria Customs Service shall submit to the Director, Trade and Exchange Department, Central Bank of Nigeria, on a monthly basis, shipment copies (Fourth copy) of the Form NXP to cover the period’s export transactions.
25. The Pre-shipment Inspection Agent(s) shall submit monthly, quarterly and annual statistical returns on export transactions to the Federal Ministry of Finance, Central Bank of Nigeria, Nigerian Export Promotion Council, National Bureau of Statistics, Office of the Secretary to the Government of the Federation and the Nigeria Customs Service.
Non-compliance with the requirements or provisions of these Guidelines will attract the following sanctions:
(a) Failure to pay NESS Levy within one month of the shipment date by any Exporter shall attract a penalty of 10% of the total amount of NESS Levy outstanding on the transaction.
(b) Non- Repatriation of Export Proceeds within 180 days by any Exporter shall attract a fine of 1% of the amount of the export proceeds that remains outstanding.
(c) Any violation of these Guidelines by banks including, but not limited to the following:
i.Late submission of NXP Forms received from Exporters to PIAs;
ii.Late/Non-remittance of NESS Fees paid by Exporters to CBN;
iii.Late submission of NESS Fee receipts to PIAs and Exporters;
iv.Late/Non-rendition of returns on Export Proceeds; shall attract appropriate sanctions by CBN.
(d) Any PIA that delays issuance of the CCIs later than 72 hours after inspection and the receipt of all relevant documents including NESS levy payment receipts shall be liable to a fine of 25% of the service fee due to the PIA on the affected transaction. The documents to be attached to a completed RFI shall include:
•Copy of Form NXP
(e) Any PIA that consistently fails for a period of three (3) months to submit monthly report on or before the 10th day of the subsequent month shall receive a query from the Ministry. Also, any PIA that fails to submit same for up to six (6) consecutive months within the same year shall be deemed as non-performing and would have its contract terminated;
(f) Any PIA that consecutively fails for three (3) months to meet with the scheduled time of inspection shall lose the territory (State) to another PIA and it shall be re-assigned by the Ministry.
(g) If it is established that it is the fault of the PIA that the export was done without NXP and proper issuance of CCI, the PIA shall be queried and warned. If the PIA persistently defaults in like manner for six (6) months, it shall have its contract withdrawn. On the other hand, if it is established that it is the fault of the shipping line/agent, it shall be reported to the Nigerian Shippers Council for appropriate sanction;
(h) Failure of any PIA to report attempts to export substandard goods
should immediately result in query, warning and subsequent suspension.
HOME FINANCE DEPARTMENT
FEDERAL MINISTRY OF FINANCE
15th March, 2017
SCHEDULE ‘A’ EXPORT GOODS EXEMPT FROM INSPECTION:
•Used motor vehicles
•Perishables i.e. day old chicks, human eyes, human remains,
•Objects of art
•Pyrotechnic products and Arms
•Implements of war
•Household and other non-commercial products including:
•Gifts and personal effects, trade samples/printed business matter,
•Machineries and equipment for repairs abroad, machinery for the execution of specific contract, re-exports,
•Return of empty containers
•Supplies to Diplomatic/Consular Missions and supplies to UNO for their own needs.
SCHEDULE ‘B’ PROHIBITED EXPORTS:
•Raw hides and skin
•Timber (rough and sawn)
•Unprocessed rubber latex and rubber lumps
NIGERIA URGES IsDB TO SUPPORT THE IMPLEMENTATION OF ERGP
The Federal Government has urged the Islamic Development Bank (IsDB) to do more for Nigeria by supporting the implementation of the country's Economic Recovery and Growth Plan (ERGP) and the delivery of signature infrastructure to meet the development aspirations of Nigerians.
The call was made by the representative of the Minister of Finance, Mrs Kemi Adeosun to the 42nd annual meeting of the Bank and Permanent Secretary, Federal Ministry of Finance, Dr. Mahmoud Isa-Dutse, who made a presentation as Nigeria's Governor on the Board of the Bank during its key business session in Jeddah, Saudi Arabia.
"We want IsDB to be more visible and deliver signature infrastructure projects in Nigeria. We appreciate their intervention in the water supply, health and education sectors in a number of our States, but we want IsDB to do more," he emphadised.
He continued: "Also, given IsDB’s unique role as Islamic Bank with multiplicity of intervention instruments not available to traditional development banks, we expect IDB to be bold and work collaboratively with other MDBs to ensure overall complementarity in all development interventions in Nigeria."
He expressed Nigeria’s appreciation to IsDB for consistently supporting Nigeria's economic and development aspirations, and for upgrading the Nigerian office to a regional hub, which will be responsible for other countries in West and Central Africa.
The Permanent Secretary reiterated Nigeria's call on IsDB, to increase its financial and technical assistance to Nigeria to fast track the achievement of her numerous economic, developmental and inclusive growth goals.
Dr. Isa-Dutse noted that Nigeria has derived many benefits from its membership of the Islamic Development Bank (IsDB), which has financed many development projects in various States of the federation.
He cited the US$65 million Ilesha Water Supply and Sanitation project in Osun State, a US$43 million 300-bed hospital project in Kaduna State and the US$7 million Zaria Water Supply Expansion Project as some of the ongoing projects being financed by soft loans from the Bank.
He stated that the National Programme for Food Security funded by the Bank, which was designed to reduce rural poverty through enhancing farmers' access to extension advisory support for greater productivity, was successfully implemented in Anambra, Gombe and Yobe States.
The Permanent Secretary said that discussions were on-going with the Bank to conclude, sign and implement several other programmes beneficial to Nigeria, including the US$98 million Bilingual Education Project which will provide "almajirai" access to basic education and vocational skills in Osun, Nasarawa, Niger, Kwara and Kano States. Other States in the scheme are Kaduna, Gombe, Borno and Adamawa.
He stated that in addition to approving loan facilities to Nigeria, the IsDB has made several grants and provided technical assistance to Nigeria, including a US$237, 500 to the Central Bank of Nigeria for the development of regulatory framework for non-interest banking in the country and a US$250, 000 grant to the National Emergency Management Agency for the development of NEMA’s capacity in disaster management.
FEDERAL MINISTRY OF FINANCE REVISED IMPORT GUIDELINES, PROCEDURES AND DOCUMENTATION REQUIREMENTS UNDER THE DESTINATION INSPECTION SCHEME IN NIGERIA
Pursuant to the Federal Government’s decision for a seamless transfer of the Destination Inspection Scheme for imports from the Scanning Service Providers (SSPs) to the Nigeria Customs Service (NCS) with effect from 1st December 2013, robust guidelines, procedures and documentation regime shall be enthroned to enhance the integrity of the system.
1.Any person intending to import physical goods into Nigeria shall in the first instance process e-Form ‘M’ through any Authorized Dealer Bank irrespective of the value and whether or not payment is involved.
2.The initial validity period of an approved e-Form ‘M’ for general merchandise shall be 180 days, which may be extended by another 180 days by the Authorized Dealer Bank. For capital goods, the initial validity of an approved e-Form ‘M’ shall be 365 days’ subject to a maximum extension of another 365 days. However, any subsequent request for revalidation of e-Form ‘M’ shall be forwarded to the Director, Trade and Exchange Department, Central Bank of Nigeria, for consideration.
3.Supporting documents shall be clearly marked “VALID FOR FOREX” or “NOT VALID FOR FOREX” as appropriate i.e. whether or not foreign exchange remittance would be involved.
4.All applications for e-form ‘M’ for goods subject to Destination Inspection shall carry the “BA” code, while those exempted shall include “CB” in the prefix of the numbering system of the e-form ‘M’. Payments for goods exempted from Destination Inspection, under the Scheme, would not be carried out in the Foreign Exchange Market, without a prior approval from the Central Bank of Nigeria. The list of goods exempted from Destination Inspection shall be as approved by the Honourable Minister of Finance.
5.The e-Form ‘M’ and the relevant pro-forma invoice (which shall have a validity period of three months) shall carry a proper description of goods to be imported to facilitate price verification viz;
i.Generic product name i.e. product type, category;
ii.Mark or brand name of the product, where applicable;
iii.Model name and/or model or reference number, where applicable;
iv.Description of the quality, grade, specification, capacity, size, performance, etc;
v.Quantity and packaging and/or packing.
6.e-Form ‘M’ shall be valid for importation only after registration by the Nigeria Customs Service (NCS). Consequently, Authorized Dealer Banks are to confirm registration of the e-Form ‘M’ before proceeding with other import processes.
7.Documents in respect of each import transaction shall carry the name of the product, country of origin, specifications, date of manufacture, batch or lot number, Standards to which the goods have been produced (e.g. NIS, British Standards PD. ISO, IES, Din, etc).
8.All goods to be imported into the country shall be labeled in ENGLISH in addition to any other language of transaction; otherwise the goods shall be confiscated.
9.Where import items such as food, drinks, cosmetics, drugs, medical devices, chemicals, etc. are required for health or environmental reasons, they shall carry EXPIRY dates or the shelf life (minimum of half shelf life at the time of importation) and specify the active ingredients, where applicable.
10.Electrical appliances (fluorescent lamps, electric bulbs, electric irons and ties, etc) shall carry information on life performance, while cables shall carry information on the ratings.
11.All electronic equipment and instruments shall carry:
ii.Safety information and/or safety signs;
iii.A guaranty/warranty of at least six months.
12.Importation of products not properly labeled shall automatically qualify for seizure and destruction, without warning and subject to prosecution.
13.Any false or fraudulent misrepresentation of facts will result in impoundment/seizures.
14.All imports into the country shall be accompanied by the following documents:
a.Combined Certificate of Value and Origin (CCVO), which shall contain the following information.
i.e-Form ‘M’ No;
ii.Adequate description of goods;
iii.Port of destination. (the actual port shall be specified e.g. Tin-Can, Apapa, Kano, Onne, etc);
iv.Shipment identification, date of shipment, Country of Origin, Country of Supply.
d.Shipped/Clean on Board Bill of Lading/Airway Bill/Railway Bill/Road Waybill.
e.Manufacturer’s Certificate of production, the Phytosanitary Certificate or Chemical Analysis Report, which shall state standards, where applicable, should be made available.
f. Laboratory test certificates for chemicals, foods, beverages, pharmaceuticals, electrical appliances and other regulated products, where applicable.
15.The following procedures shall be adopted for payments:
i.Letters of Credit transactions: All negotiating documents and/or shipping documents (as may be applicable), must be routed from the Beneficiary/Supplier through his/her bank to the issuing bank. For the avoidance of doubt, on no account must a bank endorse or pay on documents that do not comply with the routing outlined above.
ii.For Bills for Collection transactions, documents must be routed to the issuing bank either directly from the supplier’s bank or through the offshore correspondence of the issuing bank.
iii.For ‘Not Valid’ for foreign exchange transactions, the supplier should forward the documents directly to the applicant bank that validates the e-Form ‘M’.
16.For transactions with Post Landing charges, a retention fee of 5-15% of the project cost as agreed between the importer and the overseas supplier shall be indicated on both the Contract Agreement and the Pro-forma invoice, which shall form part of the supporting documents for the registration of relevant e-Form ‘M’. In addition,
i.The stated fees shall not be remitted until a satisfactory evaluation of the project has been undertaken by the Industrial Inspectorate Department of the Federal Ministry of Industry, Trade & Investment.
ii.The Authorized Dealer Bank shall forward to the Nigeria Customs Service (NCS) Federal Ministry of Industry, Trade & Investment (Industrial Inspectorate Department) and Trade and Exchange Department Central Bank of Nigeria, copies of the Contract Agreement and Pro-forma invoice(s) of such projects for monitoring purposes.
iii.The Nigeria Customs Service shall take cognizance of the value of shipment and Post Landing charges as would have been indicated on the Pre-Arrival Assessment Report (PAAR).
iv.The Industrial Inspectorate Department, Federal Ministry of Industry, Trade & Investment shall thereafter carry out an evaluation of the project and advise the Central Bank of Nigeria, accordingly.
v.On receipt of the report of the evaluation from the Federal Ministry of Industry, Trade & Investment (Industrial Inspectorate Department), the Central Bank of Nigeria shall advise NCS on the issuance of PAAR in respect of the retained value and the Authorized Dealer Bank advised to remit same to the beneficiary.
17.Buying Commission: The percentage of buying commission to be paid to agents or confirming house acting as intermediary between importers and exporters is subject to a maximum of 2% of the FoB value of the consignment, where applicable.
1.Duly completed e-Form ‘M’ shall be submitted electronically to an Authorized Dealer Bank with the following attached documents:
c)Regulatory Certificate/Permits (e.g. NAFDAC, SON, DPR, NPQS, etc)
2.However, the originals of the Documents listed in (1) above should be submitted to the processing bank prior to validation.
3.Upon receipt of duly completed and submitted copy of the e-Form ‘M’ from the importer, the Authorized Dealer Bank shall:
a)ensure that the e-Form ‘M’ is duly completed;
b)compare the attached documents with the original;
c)carry out proper Know-Your-Customer (K-Y-C) and be satisfied that all the relevant documents forwarded are genuine.
d)after completion of (a) to (c), the bank shall validate and transmit the e-Forms ‘M’, to the Nigeria Customs Service (NCS)
C.RESPONSIBILITIES OF NIGERIA CUSTOMS SERVICE
Upon receipt of the e-Form ‘M’ with other necessary pre-import documents, NCS shall:
1.Carry out a preliminary review of the application, using information provided therein and accept or reject the e-Form ‘M’ within one working day.
2.If “ACCEPTED”, NCS shall register the e-Form ‘M’ on the system.
3.However, if the e-Form ‘M’ is “REJECTED”, NCS shall state reason(s) for rejection and the e-Form ‘M’ automatically returned for necessary rectification.
4.After registration of the e-Form ‘M’ and the receipt of the Final Import documents from the Authorized Dealer Banks, NCS shall generate Pre-Arrival Assessment Report (PAAR) within six (6) hours.
5.Shall coordinate the Mandatory Joint Examination and sign-off Form within Official working hours, including Saturdays.
6.Shall circulate cargo manifests to other examination agencies, as soon they are received to enable enough time for risk assessment and profiling.
7.Shall strengthen Nigeria Integrated Customs Information System (NICIS) to accommodate more agencies.
D.RESPONSIBILITIES OF IMPORTER
1.It shall be the duty of the importer to ensure that the supplier makes available the pro-forma invoice(s) in accordance with the imports procedure of the country. As a result, there must be no ambiguity in the description of the goods.
2.The importer shall also ensure that all the documents to be forwarded to the Authorized Dealer Bank are genuine and verifiable.
3.The importer shall ensure that Final Documents are forwarded to the Authorized Dealer Bank by the Supplier before the arrival of the goods/consignment to facilitate quick clearance
4.All the requirements listed under the imports procedure must be complied with before documents are submitted to the Authorized Dealer Bank.
5.Upon registration of the e-Form ‘M’ by NCS, the importer shall advise the supplier to arrange for the shipment of the goods.
E.RESPONSIBILITIES OF THE SUPPLIER
i.On consignment of goods for shipment, the overseas supplier shall make available two sets each, of original Combined Certificate of Value and Origin (CCVO); Transport documents (Bill of Lading, Airway Bill, Road Waybill, etc) and Packing list to his/her bank.
ii.On receipt of the documents listed in (i) above, the supplier’s bank shall forward them through the relevant correspondent bank to the Nigerian Authorized Dealer Bank for Letters of Credit transactions.
iii.For transactions requiring the issuance of Certificate of Capital Importation and/or those involving supplier’s credit, documents shall be forwarded by the supplier’s bank to the Nigerian bank.
iv.In the case of Bills for Collection transactions, two sets of original documents should be forwarded to the Nigerian Authorized Dealer Bank through the supplier’s bank or the offshore correspondent bank of the processing bank.
v.For transactions “Not-valid for foreign exchange” two sets of original documents should be forwarded by the supplier directly to the bank that validates the e-Form ‘M’.
F.RESPONSIBILITIES OF AUTHORIZED DEALER BANKS:
1.Upon receipt of the documents listed in (E) above the Authorized Dealer Banks shall endorse and upload them to Pre-Arrival Assessment Report (PAAR) system for issuance of PAAR.
2.For remittance in respect of imports, only the amount on the CCVO/Commercial Invoice/Final Invoice shall be remitted.
3.Carry out proper Know-Your-Customer (K-Y-C) and be satisfied that all the relevant documents forwarded are genuine.
4.Authorised Dealer Banks are to ensure that shipping documents are received within 21 days after shipment and should retain evidence for the purpose of monitoring by CBN.
5.However, Authorised Dealer Banks are to refer any policy issue of which they are in doubt to the Director, Trade and Exchange Department for clarification in accordance with the provisions of Memorandum 27 (x) of the Foreign Exchange Manual.
G.RESPONSIBILITIES OF NIGERIAN PORTS AUTHORITY (NPA)
1.Shall receive cargo manifests from shipping Lines before the ship leave the Last Port of Call and circulate to other Regulatory Agencies for risk assessment and profiling.
2.Shall be responsible for Traffic Management of vessels.
3.Shall ensure Pilotage of vessels.
H.RESPONSIBILITIES OF SHIPPING LINES AND OTHER CARRIERS
1.It shall be the responsibility of Shipping lines and other carriers to ensure that all goods being consigned for shipment to Nigeria are covered by appropriate e-Form ‘M’.
2.The e-Form ‘M’ number MUST be reflected on the Bill of Lading, Airway Bill or Roadway bill for such goods.
3.An advance summary of the manifest of the cargoes must be made available to the NCS electronically immediately the vessel departs the last port of call.
4.Shipping Lines shall transmit to NCS and NPA cargo manifests before leaving the last Port of Call.
5.Shipping Lines shall ensure that Nigeria bound containerized cargo are palletized.
1.Shipping Lines and other Carriers that failed to adhere strictly to palletize containerized cargo shall be asked to take back onboard the non-palletized cargo;
2.Shipping Lines and other Carriers that failed to transmit cargo manifest, shall be denied berthing right (Pilotage) by NPA
J.IMPORT DUTY PAYMENT
1.Importers shall continue to pay an administrative charge of 1% of FoB value of all imports based on the exchange rate on the approved e-Form ‘M’.
2.All imports shall continue to be assessed for duty at the C.I.F. value of the goods using the rate of exchange on the approved e-Form ‘M’.
3.It shall be the duty of the importer’s bank through which the e-Form ‘M’ was processed to collect the amount of import duty as assessed, if it is a Designated Bank. However, for e-Form ‘M’ transactions processed by non-Designated Bank, payment of import duty shall be at any of the Designated Banks, while a copy of the duty payment receipt shall be made available to the processing bank by the importer.
4.For transactions in respect of dutiable personal effects payment of duty can be made at any preferred Designated Bank.
5.The Designated Bank will match printed assessment notice with the electronically received assessment notice for the Single Goods Declaration (SGD). If the information tallies, the bank will receive payments and issue signed Bank receipt.
6.The Designated Bank shall send an e-confirmation message to NCS acknowledging receipt of duty and taxes in respect of the SGD.
7.All payments shall continue to be electronically transferred daily by Designated Banks to the respective pool accounts with CBN, failing which necessary sanctions shall apply.
8.Import Duty Dispute Resolution Mechanism
Dispute arising from import duty payment shall be resolved through the following processes:
i.Any discrepancy on declaration shall be entered into Inspection Act and appropriately modified.
ii.If dispute persist, the importer shall be allowed to carry his goods on bank guarantee.
iii.Importer shall thereafter apply for a tariff/valuation decision.
iv.If not satisfied with the decision, the importer may appeal to the World Customs Organization (WCO), Honourable Minister of Finance, Federal Republic of Nigeria and any Court of competent jurisdiction for redress
K.DOCUMENTATION REQUIREMENTS FOR IMPORT PAYMENTS UNDER THE DESTINATION INSPECTION SCHEME
1.Confirmed Letter of Credit
i.Registered e-Form ‘M’
ii.Combined Certificate of Value and Origin (CCVO)
iii.Manufacturer’s Certificate with standards adopted stated thereon.
iv.Clean/Shipped on Board Bill of Lading/Airway bill/Roadway bill.
vii.Letter of Credit instrument.
2.Bills for Collection Transactions
i.Registered e-Form ‘M’
ii.SGD print out
vi.Shipped / Clean on Board Bill of Lading/Airways Bill / Road waybill.
viii.Import Duty Payment receipt with SGD No. stated thereon.
x.Bill of exchange.
xi.Tally Sheet/Gate Pass.
j.DOCUMENTS TO BE SUBMITTED BY THE IMPORTER TO THE PROCESSING BANK AFTER CLEARANCE OF GOODS:
i.Pre-Arrival Assessment Report (PAAR).
ii.Single Goods Declaration (SGD) Print out.
v.Import Duty Payment receipt with the SGD number clearly stated thereon.
vi.Manufacturer’s Certificate with Standards adopted stated thereon.
vii.Laboratory/Phytosanitary Test Certificate for chemicals, food, beverages, etc.
viii.Terminal Delivery Order/Gate Pass.
ix.Bill of Lading/Airway Bill/Road Waybill, etc
x.DPR Product Certificate for Petroleum products
xi.SONCAP Certificate for SON regulated products
1.Preparation of Single Goods Declaration (SGD):
a.Declarants prepare the SGD with information derived from relevant documents e.g. Final Invoice, CCVO, Bill of Lading/Air way Bill/Road waybill, Packing List, Permits (where necessary), Insurance, e-Form ‘M’, PAAR etc.
b.The SGD is prepared using a Private/Public DTIs** and;
•Capture SGD Information
•Assess the SGD
•Print the SGD and Assessment Notice
**Direct Trader Input (DTI) is the unique procedure for submitting electronic declaration to Customs
•While capturing the SGD, specify the bank at which Customs Duty will be paid. It must be the bank indicated as the designated duty collection bank on the e-Form ‘M’.
•If e-Form ‘M’ is not required, as in the case of dutiable personal effects, Importer/Agent can pay at any preferred designated bank.
•Take extreme care that the correct designated bank code as indicated on the e-Form ‘M’ is captured to enable the system send the Assessment Notice to the appropriate bank.
•After capturing the SGD correctly the Assessment option should be selected, an electronic message will be sent to the designated bank with details of what should be paid as customs duty and other charges.
2.Payment at Bank
a.The Importer/Agent proceeds to the designated bank with the system generated Assessment Notice
b.The Designated bank will match printed assessment notice with the electronically received assessment notice for the SGD. If the information tallies, the bank will receive payments and issue signed bank’s receipt.
c.The bank then sends an e-confirmation message to NCS acknowledging receipt of duty and taxes in respect of the SGD
At the customs control, the release of consignment will be subject to selectivity of the Custom’s Automated Risk Management System after payment of duty.
4.Request for Release:
a.After payment of import duties and other charges at the bank, Importer/Agent will request for Customs release through DTI
b.NCS will release after Scanning or Physical examination.
5.Release of Consignment by Terminal Operator (T/O)
After Customs have cleared the consignment Terminal Operators shall issue Exit Note to NCS.
6.In the case of personal effects, the applicant shall forward relevant documents to the Nigeria Customs Service. However, where dutiable goods are found to be in excess of the approved passenger concession, they shall be liable to the clearance procedure applicable to commercial goods.
TRADE RELATIONS DIVISION
HOME FINANCE DEPARTMENT
FEDERAL MINISTRY OF FINANCE
CENTRAL AREA, ABUJA