Terminal operators, not Customs, should move overtime cargoes - Amiwero

ABIOLA Seun |

The president of the National Council of Managing Directors of Customs Agents (NCMDCA), Mr Lucky Amiwero has claimed that the responsibility of moving overtime cargoes to government warehouses rests with the terminal operators.

Amiwero in a letter to the President dated October 3 on the issue of removal of uncleared/overtime cargoes from the terminals to the government warehouse at Ikorodu made it clear that the Customs has no such responsibility.

He wrote: “The Terminal operators by the provision of the Customs and Excise Management Act C 45 of 2004 Section 31-(2) is to transfer all such goods as supplied in the List by the proper officer to government warehouse , the section states:

“On the receipt of the list specified in subsection (1) of this section, the person administering the area (TERMINAL OPERATORS), or where there is no such person, the owner of the ship, Aircraft or vehicles, or his agent, shall immediately Transfer all such goods to the Government warehouse or to such other place (TERMINAL/ CONSTRUCTIVE WAREHOUSE) as the proper officer may approve.

The statement read, “REMOVAL OF UNENTERED GOODS TO GOVERNMENT WAREHOUSE BY TERMINAL/ SHED OPERATORS TO IKORODU.

“All goods that are unentered after the specified days after the completion of discharge of the ship/ Aircraft is to be transferred to Federal Government warehouse/ constructive warehouse in the Terminal as contained in
Section 31-(4) which clearly states-

Where any imported goods remain unentered at the expiration of , the specify days from the date of completion of discharge of the importing ship, aircraft or Vehicle the proper officer(CUSTOMS OFFICER) may direct the person administering the area (TERMINAL OPERATORS) within which the discharge of the ship, Aircraft or vehicles or , where there is no person administering such area, the owner of the ship, Aircraft or Vehicles or his agents to remove or store( TERMINAL CONSTRUCTIVE WAREHOUSE) all or any such goods to or at Government Warehouse or such other place as the proper officer( CUSTOMS OFFICER) may approve”. Amiwero also called for a waiver of the rent and demurrage on some of the goods which clearance was affected by the industrial action declared by the Nigerian Labour Congress (NLC).”

He wrote, “We hereby bring to the attention of the government on the compelling need to waive the rent/ demurrage of shipping companies/ Terminal Charges, due to the National strike embarked on by Nigerian Labour Congress (NLC) and general Lockout by the Terminal / Shipping companies as the strike last.

“Waiver should be granted to goods that are held up in the ports which the importer/Licensed Customs Agents cannot gain access to take delivery of their goods, as a result of strikes by Nigeria Labour Congress (NLC) and lockout by shipping companies/Terminal operators.

“The strikes and lockouts are rights provided in the Trade Dispute Act, the contract of carriage Clause, which allow for waiver of Demurrage and Rent by Terminals/Shipping Companies, when delivery of goods cannot be obtained by the Licensed Customs Agents as a result of strike and lockout.

“We request that previous waivers carried out by constituted authority should be looked into for the total waiver of demurrage and rent.”