Esther Oritse
Lagos — The National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has said that the proposed International Cargo Tracking Note (ICTN) is not tied to any service and lacks legal backing. In a petition addressed to President Bola Tinubu, the group’s president, Mr. Lucky Amiwero, emphasized that any charges or fees imposed on importers as a result of ICTN would amount to extortion.
In the petition dated February 3rd, Amiwero further explained that the ICTN was initially set to be implemented about 15 years ago but was suspended due to its high cost and the negative impact it would have had on cargo clearance.
Recall that in 2016, the government constituted a Technical Committee made up of the Nigerian Shippers Council, the Manufacturers Association of Nigeria (MAN), the Shipping Association of Nigeria (SAN), and the NCMDLCA to address stakeholders’ concerns regarding the ICTN. According to Amiwero, the committee was tasked with examining all the costs associated with implementing the ICTN and determining where the cost burden would fall to ensure that the already high costs of doing business at Nigerian ports would not be exacerbated. The committee was also responsible for reviewing the justification for related charges and examining the documentation procedures for the service.
Part of the petition reads:“The International Cargo Tracking Note (ICTN) is not backed by law and will create an additional procedure that will lead to delays in the already lengthy and cumbersome port operations.”
“The ICTN is not tied to any service, as outlined in Article 6 of the Trade Facilitation Agreement (TFA), which addresses fees and charges imposed in connection with importation and exportation.
“The Nigeria Customs Service (NCS) Act, Section 28-(1)-(4), covers the obligation of the Cargo Tracking Note, which confers authority to the Service to develop, maintain, and employ an electronic system. The NCS is the lead agency for exchanging information between the Service, other government agencies, and traders.”
Amiwero added that the legislation governing other government agencies does not include provisions for an electronic system or pre-arrival process related to imports and exports or the clearance of goods. He concluded that deploying any electronic system related to ICTN would be in violation of existing laws, adding unnecessary costs, duplicating processes, and creating obstacles to trade.
