Importers, agents demand COVID-19 waiver refunds from shipping firms, terminals

Importers and Customs agents under the aegis of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) have dragged terminal operators and shipping companies over their refusal to refund the 35-day waiver on demurrage and rent charges approved by the Presidency during the COVID-19 pandemic in 2020.

The group, in a letter to President Bola Tinubu, dated August 28, 2024, signed by the National President, Lucky Amiwero, highlighted the continued non-compliance by terminal operators and shipping companies with the Presidential directive issued in April 2020.

The NCMDLCA’s letter was also copied to other key government officials, including the Secretary to the Government of the Federation, the Senate President, the Speaker of the House of Representatives, and the Minister of Marine and Blue Economy, among others.

According to the group, the directive was intended to provide relief to importers and Licensed Customs Agents (LCAs) during the pandemic by waiving certain charges for 35 days when restrictions on movement and access to essential services severely impacted their operations.

The letter outlined the numerous challenges faced by LCAs during the lockdown, including the inability to access ports, closed banks hindering transactions, and the non-operational status of government regulatory agencies such as the National Agency for Food and Drug Administration and Control (NAFDAC) and Standards Organisation of Nigeria (SON), which are crucial for the clearance of goods.

The group said the presidential directive was intended to alleviate these burdens by suspending charges typically accrued during this period. According to the group, despite the directive, the terminal operators and shipping companies have reportedly refused to comply, failing to refund the fees that were wrongfully collected from importers and LCAs.

The NCMDLCA’s letter cited multiple correspondences with the Nigerian Ports Authority (NPA), the implementing agency of the Federal Government’s COVID-19 relief measures. It highlighted the NPA’s attempts to address the issue, including requesting the Council to directly approach the terminal operators for refunds, which have all proven fruitless.

The Council also accused the NPA of conniving with terminal operators by backdating letters to terminate the relief period prematurely, thereby avoiding the need to issue refunds.

This, according to the Council, amounted to a subversion of the Federal Government’s directive.

“Five years after the waiver was wrongly and forcefully collected by terminal operators and shipping companies, nothing has been refunded to the importers as directed by the Presidency. All processes were suspended due to the refusal of the terminal operators to refund the 35 days waiver,” the latter stated.

The Council has, however, appealed to President Bola Tinubu to intervene directly and compel the responsible parties to refund the waived charges, which were intended to provide financial relief during one of the most challenging periods for global trade and logistics.

The Council cautioned that this ongoing issue, if unresolved, threatens to undermine the credibility of governmental directives and could have broader implications for the trust and cooperation between private sector stakeholders and government agencies in Nigeria’s maritime industry.