Thursday 12 June 2014

NAGAFF Advocates Harmonisation of Customs, CRFFN Laws


The National Association of Government Approved Freight Forwarders (NAGAFF) has urged both the minister of transport Senator Idris Umar and his counterpart in the ministry of finance; Dr. Ngozi Okonjo Iweala to harmonise operational activities of both the Customs and excise Management Act (CEMA) and that of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN).

In a letter sent to the two officials, a copy of which was sent to Shipping Position Daily the association called for the setting up of joint technical committee of both CRFFN and CEMA.
The letter, which was signed by the scribe of the association, Mr. Increase Uche) noted that the two legislative instruments appear to be in conflict.
The association noted that:"Whereas the Customs law recognizes corporate bodies licensed by Customs, primarily the CRFFN lay emphasis on individuals whose name appear in the register of freight forwarding”.
“These two legislative instruments appear to be in conflict because CEMA may not have recognized the nomenclature of freight forwarding practice but licensed customs agents and importers ,and exporters.", the statement read.
The statement further advised the two “to set up a joint technical committee to harmonize the application of Customs law with freight forwarding Act 2007.  The licensing regulation of the
Nigeria Customs Service under Section 153, 154, 155, 156 and its code needs to be harmonized with the application of Section 19(a & b) of CRFFN Act".
"The point herein canvassed is to state the obvious that freight forwarding as a profession may not materialize in reality and practice if CEMA and CRFFN operators do not sit down to harmonise positions”, it added further.
According to the document, there is no doubt that the difficulties CRFFN may be having to take - off effectively for the past four years may be associated to licensing regulation of the Customs and that the freight forwarders as professionals do not require Customs license to practice, thus the Nigeria Customs may not be prepared to accept any declaration made to it by a freight forwarder whose name appeared in the register of freight forwarding in Nigeria.  This is the dark spot and conflict zone.
"NAGAFF, as the umbrella body of freight forwarders associations in Nigeria shall be ready to make further input in this regard’, the statement added, even as it insisted that, "we must advise that the key to import compliance, 48 hours cargo clearance and best practice in our ports must be powered by an act of professionalism for which CRFFN represent"
"Obedience to the act of professional practice is human rather than corporate body known to the law.  In the interest of freight forwarding practice, port operations, compliance to import regulation, integrity, best practice and obedience to rules of engagement there is the urgent need for harmonization of the two legislative instrument governing freight practice in Nigeria. 
"If we fail to do it, the effort in our port reform, customs modernisation, standardisation of procedures and the tenets of rule of law may be a mirage."
The association further suggested that all stakeholders should meet to  “harmonise the dark spots of the two legislative instruments for the good of our international trade, Customs formalities and freight forwarding profession".  http://shippingposition.com.ng/article/nagaff-advocates-harmonisation-customs-crffn-laws

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