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Days of illiterate clearing agents are numbered -Gyang

Posted by By Sun News Publishing on 2007/08/13 | Views: 580 |

Days of illiterate clearing agents are numbered -Gyang


With the Nigerian Customs Service set to commence computerised operations, clearing agents who hope to keep their jobs at the nation's sea ports would soon be required to undergo a three-week compulsory course, so says the Comptroller-General of the Service, Jacob Buba Gyang.

With the Nigerian Customs Service set to commence computerised operations, clearing agents who hope to keep their jobs at the nation's sea ports would soon be required to undergo a three-week compulsory course, so says the Comptroller-General of the Service, Jacob Buba Gyang.

Gyang, who spoke with Sunday Sun in Abuja recently, revealed that with Customs operations now to be done electronically, there would be no room for illiterate clearing agents.
While disclosing that the Service had in the past licenced all manner of persons as clearing agents irrespective of their educational backgrounds, he said a curriculum has been developed and 'soon every clearing agent who desires to have his license certificate must go to the training college, undergo a three- week course, write an examination and get the certificate before he can practice."

Continuing, he said: 'An agent is supposed to be very versed in Customs procedures. You can't do it as an illiterate, let us be honest with ourselves. If Customs is downloading, people must also be in conformity. Apart from passing the exams, you must update yourself with the modern trends, with the reforms, with the computerization exercise, because when the interconnectivity project comes in place, you can seat in the comfort of your office and file your clearing documents online and so cut off wastage, cut off inter-human interaction. And of course, the tendency for corrupt practices is drastically minimized."
Excerpts:

Let us kick off on the customs reforms which have generated some misgivings in some quarters lately. For instance, the planned easing out of Customs men who are not graduates. How feasible is it?
Nobody will want to deliberately inflict pain on his or her staff and colleagues he or she has worked with for so many years. But there comes a time in life when we have to face realities as they confront us. Right from the inception of the last administration, Mr. President did not hide the fact that there was need to reform the entire public service. And the Nigerian Customs Service is just a part of the public sector that has been engulfed in these reforms. The retirement of officers for whatever reason is not peculiar to Customs. It is taking place in the civil service, paramilitary services and so on and so forth.

And there are criteria that are used in carrying out this exercise. I want to even say that the Nigerian Customs Service, right from my predecessor started these reforms because when we started implementing the approved scheme of service of the Customs, certain cadre of officers had to leave because there was no room for that cadre anymore. And if you have to move forward and achieve peace in an organisation, there is no way you cannot carry out such exercises as painful as they are. There is no joy in just asking people you've been working with to go like that but if the reality of the situation warrants it, why not? So, the reforms are not meant to hurt anybody, they are not targeted at any particular person or section, they are a fall-out of the desire of government to just have the right people in the right places.

For the benefit of the average Nigerian, could you expatiate or articulate these reforms in a nutshell?
Like I said, the retirement of some officers is just a little part of the reforms.
There is a holistic reform in the Nigerian Customs Service. We, prior to now have been working manually but if we are to keep pace with international developments, modernization, the whole world is into I.T, we cannot afford to be left behind. We have been doing our work manually with the attendant delays and lack of facilitation particularly in the trade sector. And as an international organisation, the Nigerian Customs Service is a member of the world customs. We have to carry out our work.

So, at the inception of the Obasanjo administration, he did set up a committee to look into the Customs because of the importance that is attached to the Customs Service as serious revenue generating agency. And if you look at the Customs, it is not just about revenue generation because the Customs administers the fiscal policies of government and the whole world is also talking about trade facilitation. And we must be able to carry out all these functions.
And so that committee looked at the Service as a whole and recommended the restructuring. And this restructuring reduced the hitherto six departments to three.

The six zonal offices were reduced to four and of course, over 386 officers were retired in the course of these reforms. And those ones who accepted their fate went away quietly and it is the continuation of the reforms that is creating this hue and cry. So, it is not a thing that just started two or three month ago. It started from the inception of the reforms. And like I said to you, even the previous administration at the Customs started these reforms before government came in.

The government went further to look critically at the Customs and said we have to provide the necessary tools of work. In 1996, we started the stulguda 2.7 version, which is a small version. It doesn't have a huge capacity. But now this government has contracted omctim, who are the originators of the particular software to come in and install that software, train officers of the Nigerian Customs Service to be able to handle that aspect of it. Webfoutain was contracted to install the hardware needed for the use of that software. They came out with an integrated communication system that will make for inter-connectivity. Inter-connectivity not just within the Customs but with all stakeholders. Work is at an advance stage in installing this communication network.

If you come to our headquarters you will see this huge satellite-dish that has been installed. It was demonstrated to the former President, Chief Obasanjo. By the time this trembural 20 is fully functional, I can seat in my office and monitor the movement of each container. I can on an hourly basis monitor the revenue that is coming in and see its growth. On an hourly basis, on a daily basis, on a weekly basis, on a monthly basis, there is no aspect of trade data that you cannot pick within a few minutes you generate from that system.

A screen is going to be installed in Mr. President's office and the office of the Minister of Finance, they can also access this things. They can see and call me and say ‘Comptroller General, this container they lodged their clearing documents two days ago, what is happening that this thing has not gone out?' It is the latest technology in that business in the world today and that is what is being installed for us. And Webfountain is handling them. Three companies, S.G.S Cotecna and Global Scan were contracted to provide scanners. These scanners are now assisting us in fast clearing of goods because instead of the physical examination of goods, most of these things go through the scanners and our officers are being trained to handle the scanners to be able to analyze the images and be able to ask questions.

The facility itself has this selectivity model where the system can pick some suspicious containers and say ‘Examine this ones.' So, these are the modernization processes that are taking going on at the Nigerian Customs Service today. But the good thing also is that the Federal Government ensured that at the end of it, the Nigerian Customs Service would be able to own this project in its entirety.

Way back in 1978, government contracted inspectors, whose responsibility was to determine value of goods, origin of goods, the quality of the goods and even assess duty. Government was afraid of capital flight and that is why they do these things. The contract took away the core aspects of Customs functions and gave it to these offshore consultants. And so, the customs was virtually relaxed, there was no capacity building, no effective training because the core aspect of the job had been taken away.

Until January 2006 when government cancelled that contract and returned these jobs to the Customs. It is the same internationally. It is the responsibility of the Customs administration anywhere in the world to determine origin. Rules of origin are critical in international trade. And it is because of rules of origin that the W.T.O has not been able to come to an agreement with member countries because rules of origin are critical to the success of trade. Otherwise you find dumping all over the place. But even the W.T.O recognises how advanced Customs administration are in determining rules of origin and they have surrendered that aspect of it to the W.C.O. to always advice.

Now that the destination inspection project is on, which is like I have said, nothing new, you find that for these years (1978-2006), Customs officers have not really developed, as they should have. And so you will appreciate the magnitude of the work that we have to do now in training and capacity building. The good thing is that emphasis in the contract that government signed with these service providers is on ensuring proper training and capacity building and this is what we are really pursuing.

Talking about the unintended consequences of the reforms, we are experiencing congestion at the port, people are complaining. Isn't that like trying to cure one problem or the other by inflicting another?
Let me correct a statement that you made. I don't believe that there is congestion but you know that as you clear, new ones come in. So, there would never be a time when you go to the port and it is empty. No. If we get to that situation then it means there is no trade going on. There are some delays in clearing but you would appreciate that in October 2005, a common external tariff was introduced.

With the reforms that are going in Customs that I have described for you and added to the concessioning of the port, you will find that all these things coming within this short period will create some delays. For the reforms to be very functional they have to be comprehensive, have to be holistic, have to involve all the stakeholders. Now, what are the causes of delays? I joined Customs in 1974, I did part of my training attachment in Apapa Port. And until this concession, Apapa Port of 2005 was still the Apapa Port of 1975. The ports were built to handle bulk cargo.

When the world transited to computerized cargoes, there was no restructuring of the ports to handle that type of a trade. And so, definitely, we have problems. But now that there is concession, if you go to the ports, you will now see that the private sector people handling it have cleared all those huge warehouses that were there and have created more stocking room so that we can handle a lot more volume today. I was discussing in a meeting we held with other stakeholders, with A.P Moller, A.P. Moller that took over most of Apapa Port said to us that they inherited only two functional carbon anderline. But today there are 20 handling equipment that they have brought in. and so anderline is not really a problem today. Those two were discharging from the ships. Mr. President did set up a committee under the former Minister of Transport, Abiye Sekibo, and they found that Ikorodu lighter terminal was empty. So they advised the movement of overtime cargo to that place to create more room. And that worked very well. There are many factors that cause delays in clearing and these we can categorise into three clearing processing. We have carried out a time release study with the W.C. And we have now done a letter to the Governor of Central Bank requesting that a stakeholders meeting be held.

When an intended importer goes to process his form, how long does it take you? Is it well processed? Now, after the importer has placed his order and he comes to lodge his clearing documents with the Customs, are they the right things to do in the first place? This is the poor documentation that accounts for over 60% of the delays in clearing. Apart from poor documentation, you have fake documentation. Prior to now, you find out that even a ship manifest, N.P.A. will have one version of the ship manifest, Customs will have another version of the ship manifest, the shipping line is given another version.

These are all part of the insincerity in trade. Also, the attitude of the whole stakeholders in that industry was a problem. From the importer himself, is he importing the right thing? Is he in conformity with government's fiscal policy? Why would someone want to hide some other prohibited goods or uncustomed goods behind some other links and make a false declaration? And when you intercept him, he shouts.

Like I have admitted, the attitude of the importer, the clearing agent, the Customs officials themselves, the port administrators, the shipping lines, transporters, everybody is critical in trade facilitation. If we are to attain true trade facilitation, everybody within that system is very, very important. Go to Lagos now and look at the trucks that are coming to pick goods from the ports. There is hardly a truck that can drive from Apapa Port to Ikeja without breaking down. When you talk about trade facilitation, it is a very holistic, a very large area.

As part of our reforms within the Customs, we are reforming our sister organisations, the clearing agency. We must admit in the Customs that over the years, we kept licensing agents without very concrete criteria. We have fashioned out a curriculum and soon every clearing agent who desires to have his license certificate must go to the training college, undergo a three weeks course, write an examination and get the certificate before he can practice.

If he or she is an illiterate, it means he would close shop?
An agent is supposed to be very versed in Customs procedures. You can't do it as an illiterate, let us be honest with ourselves. If Customs is downloading, people must also be in conformity. Apart from passing the exams, you must update yourself with the modern trends, with the reforms, with the computerization, because when the interconnectivity project comes in place, you can seat in the comfort of your office and file your clearing documents online and so cut off wastage, cut off inter-human interaction. And off-course, the tendency for corrupt practices is drastically minimized.

Let us talk about the prevalence of guns. People are saying that if any institution is to be blamed for that it is the Customs.

When we make seizures, we compile a case file. If we have defendants, we hand them over to the police. It is the responsibility of the police to prosecute. I agree that there is increase in violent crimes, not only in Lagos but all over the country. And it is a cause for concern. I recall that the Federal Government sometime ago set up a committee to look into this issue of arms. It is easy to blame Customs because we take charge of imports. But I bet you, there is no one who would load arms and ammunition in a container and come inside the port. They come in through the roads, through creeks, through so many places.

Definitely, we don't have the capacity. What is our strength on water, you would want to ask. Last week at a meeting of the joint intelligence board, Customs had written a report on the proliferation of illegal jetties.

Even the legal ones are not being adequately monitored by the security agencies. Take the Niger/Delta for instance. I set up a committee in 2004 that went there and identified over 100 jetties. Now, government has directed again that a review of these jetties, the approval method and the functionality of these jetties be assessed because it is one huge area where a lot of illegalities are being committed.

Approval for off-shore discharge, where huge ships that may not be able to berth within the Nigerian shores, discharge on high seas into smaller vessels, that has to be critically monitored. But we have to also solicit the co-operation of our neighbouring countries because so much comes in through the neighbouring countries. And that is why our former President Obasanjo moved with the President of the Republic of Benin for a join border patrol. Some funds were even given to us and we brought vehicles for a joint border patrol between Customs, Police and Immigration on both sides.

Unfortunately, we have not had adequate cooperation from our neighbours. With what is happening in the Niger/Delta, you need a combined effort of all security agencies. Not even the Navy alone should be left to try to contain it. Because we have to appreciate that the Navy is there, the army is there, the police, the marine unit.

When it comes to arms and ammunition, it is unfortunate that people just talk without basic data, basic information. It is without basis when people say that arms and ammunitions come in through the ports. At the ports you could find one or two pistols here and there, one or two rifles there. We have been able to nip this. And that is also why things like the scanning machines have become necessary. But 99.9% of the arms and ammunition do not come through our route. They come through the illegal routes, through creeks not through the ports.

Talking about the management of congestion at the ports, it has been suggested by stakeholders that we have other ports that are largely under-utilized. Go to Calabar, Warri, they are not doing anything and everybody is heading for Lagos. Aren't there measures that could be taken to ensure that you stimulate life in these other ports to reduce pressure on Lagos?
Let me be honest with you, you are asking a question that is beyond me.

It is not the duty of the Customs. I agree with you that there is need to stimulate activities those other ports to decongest Lagos and so on and so forth but that is the responsibility of the Port administrators at NPA. It is only within Lagos that you have the type of water that can contain some type of ships. You need to also dredge. Go to Warri, Calabar, Port-Harcourt, You need to dredge for them to be able to accommodate the type of ships that Lagos accommodates.

That is just one aspect. You need to stimulate other commercial activities in other parts of the country. That is why we think that the building of Tinapa could trigger a lot of economic activities. The aim of government is to encourage and build domestic production. That is what it is going to translate into proper economic revival, employment and so on and so forth. The Customs will go anywhere that has been approved for it.

People on the street often regard customs as one of the most corrupt institutions in Nigeria. Is that perception correct?
I'm happy you used the word perception. Let me ask you to take up an exercise. Look at the lives of Custom officers, including the retired and see how many of them are living above their income. When you do that you will then conclude whether that perception is right or wrong. Go back to your Bible, nobody liked the tax collector.

Customs is the one service that is dealing with the rich in the society because it is only such people that can engage in the kind of business that Customs takes charge of. So, what do you expect? I have had course to say to Mr. President that one reason why the reforms are beginning to succeed is because of the political backing that we have. We have been in a Customs where you make a seizure and you think you have made a fantastic seizure. You would expect to be commended and then, you are castigated just because the person whose goods you seized walks within the corridors of power. But if you look at our seizure figures they are on the increase. That is because nobody today can go to Mr. President and say Customs have seized my goods or go to the minister.

The minister won't listen to you. So, we are encouraged, we are emboldened by the political backing that we are getting today. Even in matters of postings of Customs officials, the same people in the corridors of power in those years will determine where you go. We don't tolerate it today. We'll say it to you politely.

Anybody who tries to influence the posting of a Customs officer is aiding and abetting corruption. If the public have that perception of the Customs, why is everybody struggling for their children to come into such a corrupt organisation? It means they are encouraging corruption. Since I became the CG here, I know how many Customs officers have been dismissed for proven cases of corruption. Some have been retired, some down graded for proven cases. People shout corruption, that Customs is doing this in Apapa, Customs is doing this in Port-Harcourt, they are doing that but nobody gives you the name of the Customs officer involved. It is because those making the greatest noise are themselves not clean. That is why we stay today that reforms must be holistic, compliance is of the essence.

People generate corruption and bring it into Customs and yet cry that Customs is corrupt. If you are in conformity with the law, nobody will mess with you. That is why the Bible says those who are in Christ are not condemnable. Which means that if I'm driving a Benz, I know that I purchased this Benz, I know that the dealer paid Customs duty and everything, I have my papers. And I have a driving license from the right authority. And I have obeyed all traffic rules, why will I fear a Police? If you ask me to stop I'll stop. Bring your fire extinguisher, I will bring it out. Bring your driving license, I'll bring it out, your vehicle particulars, I'll bring it out. We must learn to be compliant in this country.

So, outside Custom work, how do you relax?
I enjoy the company of my childhood friends. And besides, I love basket ball. I am involved in the management of the national basket ball association.

Do you create time to socialize?
I am not the out-going type. I neither drink nor smoke.

Women?
(General laughter) At least, my wife will confirm to you that I'm not impotent.

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