
The Nigeria Customs Service may provide the concession
to import on temporary basis. Such concession are normally granted
for oil rigs, ships, barges and other special equipment of high
value( In practice USD 100,000 has been considered as a minimum
by customs), provided that such equipment is not available for purchase/rent
in Nigeria. Temporary importation is not available for consumable
items and most vehicles. For other commodities, prior clarification
should be obtained from Customs Head Office at Abuja.
The temporary importation approval from customs
Headquarters Abuja must be obtained prior to shipment. Goods imported
under Temporary Importation are exempted from both the Form M and
pre-shipment inspection procedures.
The following documents are required to accompany
any T.I Application:
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Proforma Invoice from the owner
to the Nigeria importer, stating the cost and freight of the
items to be imported |
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Lease Agreement between the owner of the
equipment and the Nigeria importer, specifying the equipment,
the lease period, the lease cost and other lease conditions. |
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Brochures and / or technical manuals describing
the item(s) to be imported. |
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Photocopy of registration certificate (
vessels & rigs only) |
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§ Photocopy of measurement certificate
(vessels & rigs only) |
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Permit to operate in Nigerian waters from
the Federal Ministry of Transport (can be obtained by RONISH) |
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Photocopy of the complete contract(s) between
the importer and the main contractor, clearly indicating the
duration of the contract and providing information about the
purpose of the equipment to be temporary imported. The contract
must further show the signatories. Where there is no direct
contract between the Nigerian company holding the main contract
with the government or NNPC (OML holder), and the importer of
the item, all contracts with sub-contractors must be included
to establish the link. |
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Photocopy of importer’s tax clearance
certificate for the past three years |
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Photocopy of importer’s certificate
of incorporation |
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Letter from importer addressed to RONISH,
requesting RONISH to apply for temporary importation, thereby
stating the reasons for temporary importation. |
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Covering letter to Customs applying for
T.I. approval on behalf of client |
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Application
Upon receipt of the documents mentioned above,
RONISH issues an application to the Comptroller General of Nigeria
Customs Service, Abuja. A minimum bond amount is fixed by Customs
Headquarters and is indicated on the formal T.I approval letter.
Following the submission of the T.I approval to the Customs Area
Comptroller at the port of entry, the cargo will be physically examined
and the bond amount will be fixed as surety.
Please, observe that this procedure will take
approximately 4 weeks just for the approval from Customs Headquarters
Abuja. It is therefore advisable that preliminary documentation
is given to RONISH as early as possible to have enough time for
the application.
Bond Security
Normally the security amount or otherwise called
“bond penalty” corresponds to the customs duty / surcharge
and VAT payable upon normal importation plus approximately 25%.
The penalty can however be assessed differently at the discretion
of the Customs Area Comptroller. Prior to the release of the cargo
by the customs administration, security for the customs duty has
to be provided through a bond issued by one of the banks designated
for the collection of Customs duties. Insurance bond are not accepted
by Customs and cash deposits are not recommended.
Extension
A Temporary Importation is approved for an initial
period of one year and can be extended by RONISH at Customs Headquarters
Abuja twice for six months. The maximum total period of a temporary
importation is two years and extensions beyond that period are granted
by Customs exceptionally on a case by case basis only for further
period of three or six months.
Documentary requirements for extension of
T.I approval:
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Photocopy of agreement(addendum)
jointly signed by contractor and sub-contractor specifying that
contract is still under execution and stating the duration of
the contract. Please, note that variation of contract / service
agreement is not acceptable. Also, note that the agreement/contract
(addendum) should not be in months as in past similar cases. |
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Photocopy Form Sale 33 |
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· Photocopy of initial T.I. approval
or last execution (if any) |
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Photocopy of registration certificate (
vessels & rigs only) |
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Covering letter to Customs applying for
extension of T.I |
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Letter from insurance / bank confirming
validity of bond, copy of bond to be attached. |
Re-Exportation
After completion of the contract, cargo earlier
imported on a temporary basis can be re-exported. Your instruction
to that effect should be given to RONISH who will make the necessary
arrangement, either by air or sea. RONISH will also the export Bill
of Entry as well as export documentation, which later on will be
required for the cancellation of the temporary importation bond.
Change to importation for home consumption
In case cargo imported temporary will remain
in Nigeria permanently, an approval from Customs Headquarters Abuja
is required. Before selling the goods to a third party in Nigeria,
approval must be obtained and an entry for home use is to be processed
with the Customs at the initial port of entry. Duty/Surcharge and
VAT applicable at the time of importation are payable at that point.
This procedure also applies to items
covered under a T.I. which have been scrapped.
Cancellation of Temporary Importation Bond
To cancel a temporary importation bond, RONISH
has to show evidence to the Nigeria Customs Service that the cargo
has been either re-exported or customs cleared for home consumption.
If the Nigeria Customs Service is satisfied with the documentary
evidence, the bond will be cancelled with a letter from customs
to the bond-issuing bank, with copy to the clearing agent.
The importer in whose name the T.I.
was granted by Customs will be held responsible for the full regularisation
or re-exportation of the equipment at all times, a T.I. is not transferable.
General
RONISH will offer advice on whether a T.I. of
an item is likely to be approved by the Nigeria Customs Service.
RONISH does, however not guarantee that approval will be granted
and will undertake no responsibility whatsoever for any consequences,
financial or otherwise, resulting from a rejection of the T.I. application
by Customs.
RONISH obtains T.I. approvals from the Nigeria
Customs Service as Agents only on behalf and for the account of
the importer. The Nigeria Customs Service tends to hold agents accountable
for proper regularization of T.I. processed and obtained by them
on behalf and for account of importers and RONISH therefore holds
the importer liable for any consequences, financial or otherwise
, related to non-renewal of an expired T.I., non-exportation or
non-payment of duty in case of consumption for home use.
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