Customs Corner

Nigeria Customs Service; A Perspective on Import Valuation

Published

3 years ago

September 23, 2021

International trade is often conducted under globally accepted processes and procedures. These processes are hinged on protocols adopted via conventions and treaties. The World Customs Organisation, being the international body for the regulation of local Customs authorities worldwide has come up with guidelines for the application of rules adopted by its members and other international organisations.

Another organisation saddled with the responsibility of regulating international trade is the World Trade Organisation WTO. In Its guideline for assessing the proper value for goods outlined in its Agreement on implementation of Article VII of General Agreement on Trade and Tariffs, 1994, it provides a Customs Valuation method which primarily bases the Customs value on the transaction value of the imported goods, also known as either the price actually paid or payable for the goods when sold for export to the country of importation.

In addition to the transaction value, WTO prescribes 5 other methods that can be applied successively. So the transaction value is followed by;
* The transaction value of identical goods
* The transaction value of similar goods
* The deductive value method
* The computed value method
* The fall-back method.

All of which are applied in hierarchical order.

The intention of the above-referenced Agreement is to provide a system that is uniform, fair, and neutral for the valuation of imported goods for Customs purposes.

The Nigeria Customs Service being a member of WCO has domiciled this agreement in its modus operandi. The Customs Valuation Unit under the Tariff & Trade Department has recently come under fire for lending itself to the consistent and correct interpretation and application of this agreement.

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Some unpatriotic individuals, engaged in the importation and clearing of goods who, being poorly informed about the application of these valuation methods have attempted to portray the Customs in a bad light, by claiming that the Valuation unit adopts non-methodical and arbitrary means to arrive at values for Customs purposes. Nothing could be further from the truth.

This assertion is bogus and untenable when examined through the prism of current global realities. When we look at data from the past 3 years and focus particularly on the last 2, we are confronted with massive schisms in the global supply chain occasioned by the Covid19 pandemic. Manufacturers in developed countries have had to cut down on production because of the difficulties experienced in moving parts and components across international borders. Except for medical equipment and supplies, most other goods have witnessed a decline in production. This situation has created a scarcity of basic goods and services in most countries, thereby creating upward price swings. A classic example is the US auto industry that has seen steady increases in the prices of new and used vehicles as a result of interruptions in the global supply chain.

In spite of these obvious trends, the Nigeria Customs Service Valuation unit has in recent times been inundated with questionable requests for the acceptance of fictitious transaction values which bear no resemblances to global realities. Some unscrupulous importers and their agents have resorted to concocting values suitable only for their selfish ends, and solely for the purpose of evading the payment of appropriate Customs duty.

To be sure the value for Customs duty is based on three components. One is the transaction value of the goods in question, also known as the Cost, second is the value or cost of freight, and thirdly the value of insurance for the goods in transit. All three are captured as the CIF value and forms the tax base for assessing duty.
Whenever anyone or all three of these components goes up, it automatically creates a domino effect seen in increased assessed values and duties across the board.

Since value assessments are based on the currencies of exchange when calculating duty payable on imports, we are compelled to also factor in the exchange rate. Even when the cost, insurance and freight values remain unchanged over time, the fact that the exchange rate varies, implies that there must be a commensurate increase in assessments and duty payable.

The Nigeria Customs has in its database a comprehensive list of import transactions that have taken place over the years. The historical data of all importers and imports in our possession lend themselves to critical analysis for Customs valuation and other purposes. Using recent aggregates of this data, we have been able to identify inconsistencies in values for the same, identical or similar goods imported by the same importers from the same countries of origin. We are aware that certain individuals and organisations deliberately make false attestations on their invoices and other final documents with the aim of evading the payment of duty and then turn around to blackmail the Service for querying their declarations. Like other attempts before it, this also will fail. The Nigeria Customs Service is bent on checkmating all attempts at duty evasion, and it is resolved in doing this in line with the principles outlined in international treaties and agreements.

Since we all are in agreement as to the negative effect of the pandemic on the global supply chain, and its effect on cost, insurance and freight, we should then not be surprised by adjustments made by Customs Valuation officers reflecting our current global realities. Therefore, anyone inputting ulterior motives to the actions of Valuation officers, should themselves be viewed with suspicion.

At a time like this when every kobo counts in helping the government actualize its development objectives, no one should feel justified to, under the guise of industry watchdogs, monitoring or consumer protection deprive the federal government of its dues in terms of payment of correct Customs duty.

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Customs Corner

CGC Adeniyi Decorates Newly Confirmed Members of Customs Management Team

Published

1 day ago

May 16, 2024

GiftUgbede

Author: Muhammad Bashir.

The Comptroller-General of Customs, Adewale Adeniyi, on Wednesday, 15 May 2024, decorated thirteen (13) members of his management team with their new ranks at the Nigeria Customs Service Headquarters in Abuja amidst calls to redouble their commitment and dedication to the success of the service.

In a press statement signed immediately after the ceremony by Chief Superintendent of Customs Abdullahi Maiwada, the spokesman of the service revealed that CGC Adewale Adeniyi decorated 5 Deputy Comptroller-Generals and 8 Assistant Comptroller-Generals following the approval of their appointments by the Nigeria Customs Service Board (NCSB) on Tuesday, 14 May 2024.

According to the statement, their appointment and approval followed the due process of the Federal Character Commission’s laws and principles of seniority. Most importantly, their appointment was in view of their exemplified dedication and commitment to the service.”

Shortly before decorating the 13 newly promoted officers, the CGC charged them to double their devotion and determination to promote the Nigeria Customs Service selflessly.

While urging them to intensify their contribution to the fight against smuggling, revenue generation and trade facilitation, the customs boss also enjoined the new heads of departments to ensure they have a shared vision on how to fulfil the mandate for each department.

He said, “I must emphasise, as usual, that this level of your placement in the service requires your utmost discipline at all times. You must conduct yourselves in a manner that sets a good example for the officers behind you.”

The decorated DCGs are Suleiman Bomai as DCG/Commander Training and Doctrine Command; Bello Jibo as DCG in charge of Enforcement Inspection & Investigation; Beatrice Nwafor as DCG in charge of Excise, Free Trade Zone & Industrial Incentives; and Caroline Niagwan as DCG Tariff & Trade.

The newly confirmed Assistant Comptroller-Generals of Customs are Baba Imam as ACG Board, Adekunle Oloyode as ACG Trade & Tariff, and Sambo Dangaladima as ACG/Zonal Coordinator Zone ‘B’. Abdulrazaq Abdulazeez as ACG/Zonal Coordinator Zone ‘D’; and Sai’du Yusuf as ACG Human Resource Development.

Others are NP Umoh as ACG Training and Doctrine Command, Charles Obih as ACG/Zonal Coordinator Zone ‘C’, and Ciroma Sulaiman as ACG Strategic Research and Policy.

Customs Corner

Ogun I Customs Intercepts Contraband Worth N380 Million in 1Month

Published

5 days ago

May 12, 2024

GiftUgbede

Author: Abass Quadri.

The Nigeria Customs Service, Ogun I Area Command, has recorded a milestone with the interception of contraband worth N380 million in one month.

Addressing newsmen at his maiden briefing on Thursday, 9 May 2024, the Customs Area Controller (CAC), Comptroller James Ojo, said the achievement was recorded within 23 days of his assumption of office.

“Since I took over the leadership of the Command on 16 April 2024, we have hit the ground running and to the glory of God, it is with pleasure that we announce to you our anti-smuggling exploits and other achievements recorded.”

“So far, the seizures under review include 90 sacks & 1,309 parcels of Cannabis Sativa, 1,596 pieces of foreign used tyres, 2,922 bags of foreign parboiled rice, 32 bales of used clothes, 1,603 cartons of frozen poultry products, and 22,600 litres of Premium Motor Spirit among others”. He Stated.

The CAC further explained that the cumulative Duty Paid Value (DPV) of the seized items amounts to N380,370,911.00, adding that the intelligence-driven interception took place at different locations within Ogun State with the strategic efforts of the intelligence Network.

He urged stakeholders to remain compliant and assured of the Command’s maximum cooperation.

“Let me use this medium to encourage our compliant traders to remain steadfast and be assured of our maximum cooperation. Our doors are wide open for consultation and required support”. He stated.

The CAC warned economic saboteurs to avoid smuggling activities and embrace legitimate trade. “Anyone caught in the act will be made to face the wrath of the law”.

Comptroller Ojo appreciated the Comptroller General of Customs, Adewale Adeniyi and his management for their support, which has helped motivate gallant officers in executing their duties as well as critical stakeholders in playing their part.

Customs Corner

Adamawa/Taraba Customs Records Successes in Anti-Smuggling Operations, Intercepts 12,435 Litres of PMS

Published

5 days ago

May 12, 2024

GiftUgbede

Author: Vivian Daniel.

The Customs Area Controller (CAC), Adamawa/Taraba Area Command, Comptroller Bature Bashir, has reeled out the anti-smuggling operations successes recorded since he took over the Command’s leadership late in April 2024.

He made this known during a press conference held on Friday, 10 May 2024, at the Command Headquarters in Yola, Adamawa state.

Comptroller Bashir stated that the seized items include 12,435 Litres of Premium Motor Spirit (PMS) packed in 491x25L and 8 x 20L Jerry Cans, one used Mitsubishi truck and one used Motor Cycle while emphasising the need to auction the confiscated items almost immediately because of their flammable nature and following the Standard Operating Procedure (SOP), as enshrined in section 119 of the Nigeria Customs Service Act 2023.

“The seizure of these items is in line with sections 150 and 248 of the Nigeria Customs Service Act 2023 because the Command’s territorial borders are officially closed. However, due to the flammable nature of the PMS, they will be auctioned immediately after this briefing in accordance with the standard operating procedure (SOP) and as enshrined in section 119 of the Nigeria Customs Service Act 2023 and the proceeds accrued remitted into the Federation Account accordingly,” he held.

The CAC further reiterated the adverse effects of smuggling activities, which had done more harm than good to Nigeria. It hinders national growth and strangles trade policies, which cuts across revenue, foreign investment, preservation of domestic trade and development, food security, and public security, to mention but a few.

“We want to unwaveringly tell the smugglers that our operatives are strategically repositioned along the borderlines to fasten their exit out of this illicit business. We advise you to renounce economic sabotage and illegitimate trade into and out of the Command’s territorial borders and adopt genuine business as the Command operatives will not rest on their paddles until we stamp out smuggling across all the command borders,” he cautioned.

The CAC solicited the partnership of the border Communities and patriotic Nigerians in providing timely intelligence that can support the Command’s operations in getting rid of the economic menace from the nation as well as cautioning the transporters and oil marketers to be watchful and nationalistic to repudiate these smugglers of any supply chain opportunities. He equally admonished media practitioners to increase their awareness campaign in educating the general public on the dangers and negative impacts of smuggling on the nation’s socio-economic development.

“To the border Communities and the patriotic Nigerians, we solicit your partnership in providing timely intelligence that can aid our operations in getting rid of this economic scourge from our nation. To the transporters and oil marketers, be vigilant and patriotic to deny these smugglers a supply chain. And to the media personnel, please do increase awareness campaign to educate the general public on the dangers and negative impacts of smuggling on our socio-economic development,” he implored.

Comptroller Bashir attributed the tremendous achievements recorded so far to the steadfast support and reassurance of the management of the Nigeria Customs Service under the firm leadership of Bashir Adewale Adeniyi (MFR), who has continued to give all the required backing and supply chain for the Command’s smooth anti-smuggling operations while wholeheartedly appreciating his unrelenting drive for the Service development. He also acknowledged the cooperation prowess of all the Customs Units, which consist of the CIU, FOU, SIS, Valuation, ICT and other security agencies.