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Customs and 1961 Vienna convention on diplomatic relations – Part 2

By Ben Nkem Oramalugo
11 May 2022   |   3:48 am
As relations among states became more elaborate and as the use of written agreements became widely known, treaties became recognized as sources of International Law.

As relations among states became more elaborate and as the use of written agreements became widely known, treaties became recognized as sources of International Law. States involved in treaties as such are thereby bound by the rules of the treaties. This was the origin of 1961 Vienna Convention on diplomatic relations. Also, International Law created the ideological, legal framework and veritable background for different treaties, conventions, and agreements to emerge in World Custom administrations. This reminds us of Arusha declaration, Lome Convention, Koyoto convention, ACFTA etc. These agreements have gone a long way in facilitating the orgy of trade in the international system.

In the international system, the most relevant part of the international law which has been codified and accepted by all states, is the 1961 Vienna Convention on diplomatic relations. It is regarded as the holy book for diplomats. It was negotiated by representatives of government for the codification of an agreement reached after several centuries of state intrigues filled with drama and at times turbulence (Alaba Ogunsanwo 2016). 1961 Vienna convention on diplomatic relations has 53 articles but in this essay, we will be concerned with articles and sections that have a relationship with the customs administration.

How do international and domestic laws interact to find a common ground? In other words, how do local laws like CEMA, give way to international laws like 1961 Vienna Convention? What propels sovereign states to accept international laws and treaties? The theories of monism and dualism are the two main theories that explain the relationship between international and domestic laws. Monism believes that all laws are part of universal legal order and regulate the conduct of the individual state. Monism considers that international laws prevail over domestic laws If they are in conflict.

Dualism theory believes that international laws and domestic laws are different and for international laws to be accepted by states, they must be ratified and domesticated by individual states.

In custom training colleges, trainees are taught about the sine qua non of Custom and Excise management ACT, CAP C45 L.F.N 2004. Section 18 stipulates that customs has power to restrict the movement of goods into and out of Nigeria by land, air or inland waters.

Section 21 dwells on the powers of boarding and examination. Section 37 imposes duty on imported goods. Because 1961 Vienna Convention has been ratified by the Nigerian state, it has eroded the above powers ineffective, null and void in dealing with officials and personal goods of diplomatic agents and their families. Whereas CEMA demands that goods entering Nigeria shall be taxed, 1961 Vienna Convention abhors this commercial melee on diplomats.

What prompted this essay and the associated conversation? In recent times, there have been humongous misunderstandings, contradictions and interpretations on the roles of Customs and other security agents towards diplomatic agents and their goods (both personal and official). However, It must be stated this conflict in interpretation is not only peculiar to Nigerian space but this unfair collision take place in most of international airports in ECOWAS states. It is pertinent to point out that most officers and men (especially the newly recruited) that are alleged to indulge in these interpretative shenanigans are ignorant of existing international law called “1961 Vienna Convention on diplomatic relations”. Ignorantia Juris non excusat (Ignorance of the law is not an excuse). To fill the gap of this colossal ignorance is the whole essence of this essay.

The Vienna Convention is basic to international law and it is a treaty that has received the largest number of signatories and ratifications. It deals with the rules which govern parties in their diplomatic interactions with one another and even make provisions for conflict war situations. As noted before, Nigeria has ratified this convention and based on the Principle of “Pacta Sunt Servanda” this convention must be respected by Customs and other Security agencies in Nigeria.

Article 36 of Vienna Convention State as follows “The receiving state shall in accordance with Such Laws and regulations as it may adopt, permit entry of and grant exemptions from all customs duties, taxes and related charges other than charges for storage, carriage and similar services on (a) articles for the official use of the mission (b) Articles for the personal use of the mission of a diplomatic agents or members of his family, forming part of his household, including articles intended for his establishment (2).

The personal baggages of diplomatic agents shall be exempted from inspection, unless it contains articles not covered by the exemptions mentioned in paragraph 1 (one) of this article or articles by the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving state. Such inspection shall be conducted only in the presence of diplomatic agent or of his authorized representative.”

To be continued tomorrow

Dr. Oramalugo is an expert in History, Strategic Studies, International Politics and Diplomacy and a fellow of Nigeria Institute of Management (Chartered).

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