Dr. Mkgeorge Okon Onyung
SOAN Arrowhead
… Says Messrs UNIBROS registration of 14 foreign flagged Coastal tankers, is a breach of Nigerian Content laws***
Consistently frustrated by a lackluster and flatfoot agency’s unwillingness to make the Cabotage act work, the Ship Owners Association of Nigeria (SOAN) has taken a swipe against the Nigerian Maritime Administration and Safety Agency (NIMASA), stressing the agency’s uncooperative posture, despite efforts of the Nigerian Local Content, to do the needful.
A letter issued by the SOAN Arrowhead, Dr. Mkgeorge Okon Onyung and dispatched to the NIMASA Director-General, Dr. Bashir Jamoh; Minister of Transportation, Rotimi Amaechi, the Minister of State, Transportation, Gbemisola Saraki amongst others, specifically encapsulated what the Ship Owners described what SOAN sees as a breach of Nigerian Content and Cabotage laws, in the award of Contract to foreign vessel owners for Coastal Shipping of petroleum products in the downstream petroleum sector.
Also read: Registration of Foreign Vessels: SOAN Protests NNPC’s deliberate breaking of law
The revered body said it was at a loss at NIMASA’s unhindered restraint, to promote the registration of foreign-flagged vessels, instead of actually curbing their adventurism in the nation’s Cabotage domain.
“Recall that we have held multiple levels of dialogue on the above-mentioned subject with the NNPC top management and the Senate Joint Committee on Downstream, Local Content and Legislative Compliance.
“In line with the laws of the Federal Republic of Nigeria, it is crystal clear that NNPC is empowered statutorily to create commercial opportunities as an enabler towards the enhancement of in-country capacity in the downstream petroleum supply chain, as it has successfully done in the upstream sector of the Nigerian Oil & Gas Industry
“It is on public record that NNPC pledged to support indigenous shipping development and tonnage capacity growth in line with the Nigerian Content (NOGICD) Act in order to reverse a nearly 60-year trend of foreign ships’ domination of our maritime Industry.
“This news was welcomed with great applause from maritime industry stakeholders, but to our greatest disappointment and the total dismay of Nigerians at large, NNPC has proceeded to award the Coastal and Bunkering Vessels Service contract to a foreign shipping company, Messrs UNIBROS with 14 foreign flagged coastal tankers, in total breach and impetuous disregard for Nigerian Content laws, the Coastal and
Inland Shipping (Cabotage) Act and the Presidential Executive Order No.5 to the exclusion of Nigerian Shipowners and operators.
“The SHIP OWNERS’ ASSOCIATION OF NIGERIAN (SOAN) hereby register our protest to this show of bad faith and lack of patriotism displayed by NNPC despite the fact that Nigerian Shipowners and operators have demonstrable capacity to operate this contract exclusively and have expressed willingness to accept freight payments in Naira whereas UNIBROS will only accept US Dollar payments resulting in a further drain on our extremely scarce foreign exchange resources.
“We point out to you Sir, that this contract award will result in amplification of capital flight, valued in excess of $100M annually and to the detriment of our economy and employment loss. In addition, no Customs import duty has been paid for any of the 14 vessels in question, again in breach of our nation’s fiscal and monetary policies.
“Nigerian owned and flagged vessels are made to pay full Customs duty and appropriate taxes on earnings which foreign shipping companies have continually illegally evaded.
“Also note that no Seafarer training or local content strategic plan whatsoever is in place in line with the NOGCID laws.
“In terms of Capacity Building, neither UNIBROS nor any foreign Shipowners or shipping company is made to comply with one of the major pre-qualification requirements for consideration in the Coastal and Bunkering Vessels Service tender process, this being the submission and approval by NCDMB of: *a Nigerian Content plan that demonstrates full utilization of Nigerian labour and services with a detailed description of the role, work scope and man-hours in order to achieve the minimum target as set out in the requirement of the NOGICD Act 2010”, the letter highlighted, identifying some of the vessels by name.
Expatiating further, Dr. Onyung also indicated the ship owners’ scope of the investigation.
“Our Investigations have shown that this shipping company and the vessels in question have been in the country for many years deploying the tactics with unfair business practices of multiple vessel name changes to evade NIMASA, Customs and fiscal monetary policies and our nation extant laws.
“We, therefore, implore you to use your good offices to:
*1 Prevail on the GMO, NNPC and to reverse and cancel this contract which was not a public tender in line with the public procurement procedures and the Cabotage Act. 2003.
*2. Investigate the unfair illegal sharp practices of multiple vessel name changes and Cabotage registration abuse with total disregard to vessel IMO numbers.
*3. Apply the statutory sanctions on ailing shipping companies in line with the Cabotage law”, the body averred.
He expressed the delight of his members who are already standing by with Medium Range (MR), Long Range (LR), and Handysize oil tankers to meet the coastal and Import shipping requirements within short notice, subject to bankable contract terms and conditions.
“SOAN believes that a genuine collaborative synergy with NIMASA, NNPC, the largest employer of labour, will unlock the economic prosperity of Nigerians.
It is a truism that shipping is 90% of Global trade and without shipping, there is no global economy!, the SOAN leader concluded while looking forward to a favorable response from the Agency.
The Agency is yet to come up with any response!