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CBN to Push for Amendment of Foreign Exchange Act

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As part of efforts to halt the seeming dollarisation of the Nigerian economy and also combat money laundering, the Central Bank of Nigeria (CBN) has concluded plans to push for an executive bill that will lead to the amendment of the Foreign Exchange Miscellaneous Act, 1995.

The move, THISDAY was reliably informed by a high ranking central bank official, is one of the reforms for the foreign exchange market and is aimed at strengthening measures against the dollarisation of the domestic economy.

Specifically, the central bank aims to push for the amendment of Section 12(1) and 12(2) of the Act, which provide for the declaration of foreign currency at ports of entry or exit in the country.

While Section 12(1) of the Act stipulates that “no person shall be required to declare at the port of entry into Nigeria any foreign currency unless its value is in excess of US$5,000 or its equivalent”, Section 12(2) states that “foreign currency in excess of US $5,000 or its equivalent, whether being imported into or exported out of Nigeria, shall be declared on the prescribed form for reasons of statistics only”.

The central bank official explained that this is one of the key reforms in the foreign exchange market that the central bank would be pushing for through the amendment of the Act.

“As it stands, the Act permits persons to carry out any amount, even $1 million or $10 million in cash, insofar as it is declared in the Customs form. But this is not allowed anywhere in the world as it is a perfect conduit for money laundering.

“People can’t be carrying huge amounts of foreign currencies in and out of the country through our airports. Nigeria is one of the few countries where such is done and we must discourage that.

“We have the inbound and outbound money transfer channels and we are encouraging everyone, including foreigners, to take advantage of that,” he said.

The CBN last month also restated its resolve to prosecute anyone found transacting business in the country with any foreign currency as a medium of payment.

The banking sector regulator had frowned on what it described as the rising use of foreign currencies in the domestic economy as a medium of payment for goods and services by individuals and corporate citizens.
It stated that it had observed that some institutions priced their goods and services in foreign currencies and demand payments in foreign currencies rather than the domestic currency (the naira), which is the legal tender in Nigeria.
The CBN Act states inter-alia that “the currency notes issued by the Bank shall be legal tender in Nigeria… for the payment of any amount”.

Furthermore, the Act stipulates that any person(s) who contravenes this provision is guilty of an offence and shall be liable on conviction to a prescribed fine or six months imprisonment.

The CBN Governor, Mr. Godwin Emefiele, had declared recently that the currency for transacting business in the country remains the naira and warned that it is illegal to carry out transactions using the US dollar.
He said the CBN would in due course go after those who violate the policy.

The central bank official further expressed optimism that Nigeria’s foreign exchange reserves, which had been hovering around $29 billion in the last few weeks, would begin to grow by the beginning of the third quarter of the year. External reserves stood at $29.512 billion as at April 28.

The source explained that the slight appreciation in the price of crude oil in the international market has not translated to forex reserves accretion in recent weeks because Nigeria’s crude oil is sold based on forward contracts and as such the proceeds from the sales for the first three months of the year is what is just being received by the country.

“The money we are getting now is for crude oil sold in January, February and March, but hopefully by July, when the proceeds for crude oil sold April and May comes in, it would begin to impact on our external reserves,” he said.

However, the relative stability observed in the parallel market segment of the foreign exchange market since the conclusion of Nigeria’s general election appears to have fizzled out as the shortage of dollars has hit the bureau de change segment of the market.

THISDAY’s findings showed that the naira traded between N220/$1 and N222/$ throughout last week. This represented a depreciation by about 12 per cent, compared with the N200/$1 that the currency appreciated to, immediately after the presidential election.
The development has once more widened the gap between the interbank and parallel markets.

The naira has remained stable at the interbank market where it closed at N199.10/$1 last Thursday, while the CBN’s clearing rate remained unchanged at N197/$1.

The President, Association of Bureau De Change of Nigeria (ABCON), Alhaji Aminu Gwadabe, blamed the depreciation of the naira in the parallel market on the significant drop in foreign exchange inflow into the country due to the drop in government’s revenue.
In addition, the ABCON boss also explained that recent foreign exchange policies by the CBN were affecting dollar supply to the market.

Ecobank Nigeria’s financial market analyst, Mr. Kunle Ezun, added that the pressure in the black market was as a result of huge currency demand from importers that do not have the necessary documentation to support legitimate purchases of dollars from the interbank market.

In a related development, Africa’s richest man, Aliko Dangote, in an interview with Bloomberg, has said that with the price of oil hovering at $60 per barrel is sufficient for the Nigerian economy to thrive.

Dangote, who by Bloomberg’s Billionaire Index has an estimated net worth of $15 billion, also announced that he plans to quadruple the supply of gas in Nigeria.

Dangote said he plans to invest about $2.5 billion to boost Nigeria’s gas supply, which currently stands at about 1 billion standard cubic feet per day, to 4 billion.
The completion of an oil refinery plant by the Dangote conglomerate will also see Nigeria having one of the largest petroleum refineries in the world.

A statement from the group revealed that the initial plan was to have 450,000bpd refining capacity, but he has since gone back to the drawing board to enlarge the plant.

He said Nigeria, as a leading producer of crude oil, should also be credited with similar local refining capacity.
According to him, the present situation where the country produces crude oil but goes abroad to buy refined products is unacceptable.
Speaking through his Group Executive Director, Mr. Devakumar Edwin, Dangote said the conglomerate was ready to reverse the trend just as it had successfully done in other sectors, including sugar and cement.

His clarification came just as the company’s Executive Director, Stakeholders Management and Corporate Communications, Mr. Mansur Ahmed, said in South Africa that the refinery would run full swing by 2017.

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WAIVER CESSATION: Igbokwe urges NIMASA to evolve stronger collaboration with Ships owners

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…Stresses the need for timely disbursement of N44.6billion CVFF***

Highly revered Nigerian Maritime Lawyer, and Senior Advocate of Nigeria (SAN), Mike Igbokwe has urged the Nigeria Maritime Administration and safety Agency (NIMASA) to partner with ship owners and relevant association in the industry to evolving a more vibrant merchant shipping and cabotage trade regime.

Igbokwe gave the counsel during his paper presentation at the just concluded two-day stakeholders’ meeting on Cabotage waiver restrictions, organized by NIMASA.

“NIMASA and shipowners should develop merchant shipping including cabotage trade. A good start is to partner with the relevant associations in this field, such as the Nigeria Indigenous Shipowners Association (NISA), Shipowners Association of Nigeria (SOAN), Oil Trade Group & Maritime Trade Group of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA).

“A cursory look at their vision, mission and objectives, show that they are willing to improve the maritime sector, not just for their members but for stakeholders in the maritime economy and the country”.

Adding that it is of utmost importance for NIMASA to have a through briefing and regular consultation with ships owners, in other to have insight on the challenges facing the ship owners.

“It is of utmost importance for NIMASA to have a thorough briefing and regular consultations with shipowners, to receive insight on the challenges they face, and how the Agency can assist in solving them and encouraging them to invest and participate in the maritime sector, for its development. 

“NIMASA should see them as partners in progress because, if they do not invest in buying ships and registering them in Nigeria, there would be no Nigerian-owned ships in its Register and NIMASA would be unable to discharge its main objective.

The Maritime lawyer also urged NIMASA  to disburse the Cabotage Vessel Financing Fund (CVFF)that currently stands at about N44.6 billion.

“Lest it be forgotten, what is on the lips of almost every shipowner, is the need to disburse the Cabotage Vessel Financing Fund (the CVFF’), which was established by the Coastal and Inland Shipping Act, 2003. It was established to promote the development of indigenous ship acquisition capacity, by providing financial assistance to Nigerian citizens and shipping companies wholly owned by Nigerian operating in the domestic coastal shipping, to purchase and maintain vessels and build shipping capacity. 

“Research shows that this fund has grown to about N44.6billion; and that due to its non-disbursement, financial institutions have repossessed some vessels, resulting in a 43% reduction of the number of operational indigenous shipping companies in Nigeria, in the past few years. 

“Without beating around the bush, to promote indigenous maritime development, prompt action must be taken by NIMASA to commence the disbursement of this Fund to qualified shipowners pursuant to the extant Cabotage Vessel Financing Fund (“CVFF”) Regulations.

Mike Igbokwe (SAN)

“Indeed, as part of its statutory functions, NIMASA is to enforce and administer the provisions of the Cabotage Act 2003 and develop and implement policies and programmes which will facilitate the growth of local capacity in ownership, manning and construction of ships and other maritime infrastructure. Disbursing the CVFF is one of the ways NIMASA can fulfill this mandate.

“To assist in this task, there must be collaboration between NIMASA, financial institutions, the Minister of Transportation, as contained in the CVFF Regulations that are yet to be implemented”, the legal guru highlighted further. 

He urged the agency to create the right environment for its stakeholders to build on and engender the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders.

“Lastly, which is the main reason why we are all here, cessation of ministerial waivers on some cabotage requirements, which I believe is worth applause in favour of NIMASA. 

“This is because it appears that the readiness to obtain/grant waivers had made some of the vessels and their owners engaged in cabotage trade, to become complacent and indifferent in quickly ensuring that they updated their capacities, so as not to require the waivers. 

“The cessation of waivers is a way of forcing the relevant stakeholders of the maritime sector, to find workable solutions within, for maritime development and fill the gaps in the local capacities in 100% Nigerian crewing, ship ownership, and ship building, that had necessitated the existence of the waivers since about 15 years ago, when the Cabotage Act came into being. 

“However, NIMASA must ensure that the right environment is provided for its stakeholders to build and possess the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders. Or better still, that they are solved within the next 5 years of its intention to stop granting waivers”, he further explained. 

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Breaking News: The Funeral Rites of Matriarch C. Ogbeifun is Live

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The Burial Ceremony of Engr. Greg Ogbeifun’s mother is live. Watch on the website: www.maritimefirstnewspaper.com and on Youtube: Maritimefirst Newspaper.

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Wind Farm Vessel Collision Leaves 15 Injured

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…As Valles Steamship Orders 112,000 dwt Tanker from South Korea***

A wind farm supply vessel and a cargo ship collided in the Baltic Sea on Tuesday leaving 15 injured.

The Cyprus-flagged 80-meter general cargo ship Raba collided with Denmark-flagged 31-meter wind farm supply vessel World Bora near Rügen Island, about three nautical miles off the coast of Hamburg. 

Many of those injured were service engineers on the wind farm vessel, and 10 were seriously hurt. 

They were headed to Iberdrola’s 350MW Wikinger wind farm. Nine of the people on board the World Bora were employees of Siemens Gamesa, two were employees of Iberdrola and four were crew.

The cause of the incident is not yet known, and no pollution has been reported.

After the collision, the two ships were able to proceed to Rügen under their own power, and the injured were then taken to hospital. 

Lifeboat crews from the German Maritime Search and Rescue Service tended to them prior to their transport to hospital via ambulance and helicopter.

“Iberdrola wishes to thank the rescue services for their diligence and professionalism,” the company said in a statement.

In the meantime, the Hong Kong-based shipowner Valles Steamship has ordered a new 112,000 dwt crude oil tanker from South Korea’s Sumitomo Heavy Industries Marine & Engineering.

Sumitomo is to deliver the Aframax to Valles Steamship by the end of 2020, according to data provided by Asiasis.

The newbuild Aframax will join seven other Aframaxes in Valles Steamship’s fleet. Other ships operated by the company include Panamax bulkers and medium and long range product tankers.

The company’s most-recently delivered unit is the 114,426 dwt Aframax tanker Seagalaxy. The naming and delivery of the tanker took place in February 2019, at Namura Shipbuilding’s yard in Japan.

Maritime Executive with additional report from World Maritime News

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