Amiwero says: “We hereby appeal to the govt to implement the provision of section 152 by the waiver of rent and demurrage”
By Uzor Odigbo
National President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Lucky Amiwero, has asked the Federal Government to give total waiver of rent and demurrage to licensed customs agents for delays caused by the protest on introduction of Vehicle Identification Number (VIN) Valuation.
Following the implementation of the VIN Valuation Policy on imported vehicle by the Nigeria Customs Service (NCS), Licensed Customs Agents had protested and grounded activities in Lagos ports, citing irregularities.
Amiwero, in a letter to the Area Controller and shipping companies on March 7, 2022 said that the situation is in line with the statutory provision of Section 152 of Customs and Excise Management Act (CEMA) 45 of 2004, which covers goods associated with delay that is undergoing Dispute Resolution as to valuation, classification, Rule of origin, intellectual property right etc., and Investigation activities.
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Amiwero said: “The Section 152 states, when any goods are deposited in a Customs areas (Terminals) or in a Government warehouse under or by virtue of any provision of this Act and the Board is of the opinion that having regards to all the circumstances of the case no rent or reduced rent shall be charged therefore, it may waive or reduce any rent payable or refund the whole or any part of any rent paid under this Act.
“We hereby appeal to the government to implement the provision of section 152 by the waiver of rent and demurrage associated with delays in dispute of the implementation of VIV valuation, which is under Customs dispute as contained the statutory provision”.
The letter also copied President Muhammadu Buhari, Vice President Yemi Osinbajo, the Minister of Finance, Customs Comptrollers, terminal operators and shipping companies, Nigerian Ports Authority (NPA) and the Nigerian Shippers Council (NSC).
Read full letter below.
7th March 2022
THE AREA COMPTROLLER/ SHIPPING COMPANIES
Dear Sir,
THE NEED TO GRANT STATUTORY WAIVER OF THE RENT AND DEMURRAGE ASSOCIATED WITH VIN VALUATION IMPLEMENTATION PROTEST BY LICENSED CUSTOMS AGENTS HELD UP IN THE PORT IN LINE IN LINE WITH SECTION 152 OF THE CUSTOMS AND EXCISE MANAGEMENT ACT C 45 OF 2004
We wish to draw the attention of the Federal Government, on the need for tatal waiver of rent and Demurrage as a result of the protest by Licensed Customs Agents(LCA) on the implementation of VIN valuation on imported vehicles by Nigeri Customs service .
1.THE STATUTORY WAIVER ON RENT AND DEMURRAGE BY SHIPPING COMPANIES AND TERMINAL OPERATORS AS CONTAINED IN SECTION 152 OF THE CUSTOMS AND EXCISE MANAGEMENT ACT 45 OF 2004
The statutory provision covers goods associated with delay that is undergoing Dispute Resolution as to valuation, classification, Rule of origin, intellectual property right etc., and Investigation activities.
The Section 152 states, when any goods are deposited in a Customs areas (Terminals) or in a Government warehouse under or by virtue of any provision of this Act and the Board is of the opinion that having regards to all the circumstances of the case no rent or reduced rent shall be charged therefore, it may waive or reduce any rent payable or refund the whole or any part of any rent paid under this Act.
THE NEED TO COMPLY WITH SECTION 152 BY WAIVING ALL THE RENT AND DEMURRAGE ASSOCIATED WITH VIN VALUATION PROTEST
We hereby appeal to the government to implement the provision of section 152 by the waiver of rent and demurrage associated with delays in dispute of the implementation of VIV valuation, which is under Customs dispute as contained the statutory provision
Thanks in anticipation of your urgent intervention
Yours Faithfully
LUCKY EYiS AMIWERO
NATIONAL PRESIDENT
CC. PRESIDENT AND COMMANDER-IN -CHIEF