Monday 7 July 2014

NIGERIA INCENTIVES GRANTS FOR EXPORTS INDUSTRY, FULL GUIDLINES TO APPLY



In this article i reviewed how and where to apply for export incentives from the federal government of Nigeria. This is an unusual article about 2,800 words long! Which means, it could seem pretty long at first sight, but I beg your indulgence, kindly exercise patience to go through it all gradually? Please don’t scheme, every single word are in their rightful place, nothing is out of place, if it weren’t so I wouldn’t be giving you this information. It was written specially for you, in case you’re in a hurry right now and can’t read it all at once? Here’s what you can do; send it to your email, bookmark it, print it out, copy and save in MS word, do whatever you like, but just make sure you read it.


In the process of encouraging manufacturers; the Nigerian Government has in placed several incentives that are geared at encouraging indigenous manufacturers and a way of promoting exportations. They are:

 (1)  Manufacturers Exports In Bond Scheme
(2) Export Expansion Grant Scheme

(3) Bonafide Manufacturers /Assemblers

 (4) Free Trade Zones /Export Processing Zones & Oil and Gas free Zones

Manufacture in bond scheme : Definition

This scheme is designed to encourage manufacturers to import duty free raw material inputs and

other intermediate products whether prohibited or not for the production of goods for export, backed

by a Bond issued by any recognized Commercial Bank, Merchant Bank, Insurance Company or

Nigerian Export-Import Bank. The bond will be discharged after evidence of exportation and repatriation of foreign proceed has been produced.

Manufacture in bond scheme: Guidelines

i. The Manufacturer In Bond Scheme shall be applicable to export manufacturers only.



ii. Interested manufacturers shall apply to the Federal Ministry of Finance using the prescribed forms.



iii. For a manufacturer to enjoy the scheme, the factory premises must be approved for that purpose by the Nigeria Customs Service.



iv. Approval including the Import Requirement Certificate should be obtained within a period of two months and transmitted to the Nigeria Customs Service for implementation.



v. The Nigeria Customs Service will determine acceptable guarantee Bond issued by Commercial or Merchant Banks or Manufacturers Exports In Bond Scheme or Insurance Companies covering not less than

110 per cent customs duty payable on each consignment.



vi. Under this scheme, manufacturers of export commodities will be entitled to import duty-free raw material inputs. CKD and intermediate inputs whether prohibited or not for the manufacturer or export goods.



vii. The Manufacturer-in-Bond Scheme shall operate on annual 12 calendar months importation basis as the exporter wishes. For prohibited items however, the scheme shall operate on Import-by-Import basis.



viii. The Bond, which shall be effective from the date of its issuance by the Bank, shall be discharged when the conditions stipulated therein have been fulfilled.



ix. The Nigeria Customs Service will periodically monitor the utilization of raw materials imported under this scheme until the Bond is fully executed.



x. In the event of inability to any manufacturer to fulfill the conditions stipulated in the Bond,the manufacturer should apply to the Nigeria Customs Service through the approved guarantor, for an extension of the Bond particularly when the life of the Bond has expired.

The extension of the Bond shall not exceed three months.



xi. Repatriation of the foreign exchange realized from the transaction shall be confirmed by the Central Bank of Nigeria before the Bond is discharged.



xii. Single Good Declaration Form  Form C.2010 marked “Manufacturer-in-Bond Scheme”shall be used for the clearance of goods under the scheme.



xiii. A committee comprising of the representatives of the Ministry of Finance, Nigeria Customs Service, Nigerian Export Promotion Council, Standards Organization of Nigeria and the Central Bank of Nigeria shall monitor the scheme. The monitoring body shall render a quarterly Report to the Manufacturers Exports In Bond Scheme Committee.



xiv. In the event of default by the Manufacturer, the Nigeria Customs Service shall redeem the Bond by calling on the guarantor to pay up the appropriate customs duties and other associated charges.



xv. In the case of liquidation the Company may be allowed to sell the goods in the local market with the approval of the Honourable Minister of Finance on condition that the appropriate customs duty and other associated charges shall be paid.



xvi. A manufacturer participating in the Manufacturer-in-Bond Scheme is expected to designate a warehouse or store in his factory premises for the storage of inputs and finished goods



xvii. Clean Report of Inspection Form `M’ and other relevant documents for this scheme shall be clearly marked “MIB Scheme”.



Guidelines for Redesigned Export Expansion Grant Scheme

Preamble:The Export Expansion Grant Scheme is a very vital incentive required for the stimulation of export

oriented activities that will lead to significant growth of the non-oil export sector. The Federal Government is committed in its efforts to bring about tremendous growth in non-oil exports,resolved to enhance efficiency, transparency and accountability in the administration of the key incentive for non-oil export development. The "Export Expansion Grant is a policy tool to further this objective the use of incentives supports the NEEDS  and objective of mainstreaming businesses that are currently operating in the informal sector. It is also in line with the NEEDS requirements that companies desiring to receive benefits from the government will have to comply with the laws of the country. The government in reviewing the scheme sets out the following guidelines:



Guidelines:



1. Incentive Rate: The Scheme would operate the "Weighted Eligibility Criteria" in assessing applications for Export Expansion Grant. The

baseline data as supplied by individual applicant-company would be used it its assessment. Thus the method of assessment is 'company specific'. A company's Export Expansion Grant assessment would be conducted once yearly and the determined rate will apply throughout the year The Weighted Eligibility Criteria has four bands: 30%, 20%, 10% and 5%. The following template will be used in assessing the incentive rate for every Export Expansion Grant applicant



Eligibility Criteria Company Data Threshold Weight Company Score.



Local value added 25%

Local content 20%

Employment (Nigerians) 20%

Priority sector 10%

Export growth 20%

Capital Investment growth 5%

Weight 100%

A new entrant into the EEG Scheme shall provide prior period financial statement or where

applicable an investment plan for its assessment.



2. Eligibility:

i. Exporter must be registered with the Nigeria Export Promotion Council 

ii. Eligible exporter shall be a manufacturer producer or merchant of products of Nigeria origin for the export market (i.e. the products must be made in Nigeria)

iii. An exporter must have a minimum annual export turnover of  Naira 5 million and evidence of repatriation of proceeds of exports

iv. Exporter-company shall submit its baseline data which includes Audited Financial Statement

and information on operational capacity to NEPC



3. Validity for Export Expansion Grant Application:

Qualifying export transaction must have the proceeds fully repatriated with 180 days, calculated

from the date of export.



4. Documentation:

All applications for Export Expansion Grant must be completed in three copies to be circulated to Nigeria Export Promotion Council, Central Bank of Nigeria and Nigeria Customs Service with the following documents:

i.  Nigeria Export Promotion Council Export Certificate

ii. Clean Certificate of Inspection to include quality certification

iii. Forms Nigeria Export Proceeds duly certified by processing bank, Nigeria Customs Service and the Pre-shipment Inspection Agents

iv. Single Goods Declaration (SGD) Forms, duly endorsed by Nigeria Customs Service, both at front and back

v. Final Commercial Invoice

vi. Bill of Lading

vii. Evidence of full repatriation of export proceeds (Center Bank  of Nigeria confirmation of repatriation of proceeds by exporter)

viii. Certificate of Manufacture

ix. Any other documentation as may be required by Nigeria Export Promotion Council from time to time



5. Negotiable Duty Credit Certificate

The Negotiable Duty Credit Certificate shall be used for the payments of import duties only.



6. Company Visits:

Company visits shall be incorporated into a programme for validation of information submitted by the exporters and impact assessment of the scheme. The programme will include a first visit to validate financial as well as operational information at least once a year and as may be

required.Impact assessment of the scheme on the Nigeria economy shall be carried out annually by external consultants, as may be determined by the Honourable Minister of Finance.



7. Implementation Committee:

The Implementation Committee will consist of:

(1) Nigeria Export Promotion Council

(2) Federal Ministry of Finance

(3) Nigeria Customs Service

(4) Central Bank of Nigeria

(5) Federal Ministry of Commerce

(6) Federal Ministry of Industry

(7) Special Adviser to the President (Manufacturers and Private Sector)

The implementation Committee shall meet monthly to consider processed applications and make

recommendations to the Honorable Minister of Finance for approval, and subsequent issuance of

NDCC by Nigeria Export Promotion Council.



8. Inter-Ministerial Committee:

There shall be an inter-ministerial Committee to review the activities of EEG Scheme. The Committee

shall meet twice a year. Membership includes all members of the Implementation Committee and

representatives of the Ministry of Agriculture, Trade Malpractice Committee and Economic and

Financial Crime Commission



9. Administration of Export Expansion Grant:

The Export Expansion Grant heme shall be domiciled in Nigeria export promotion council  and administered in conjunction with the

Implementation Committee. The list of applications to whom NDCC have been issued shall be forwarded to the Federal Ministries of Finance and Commerce monthly.

10. Outstanding Claims:

All outstanding claims in respect of transactions between the suspension of the scheme and its

subsequent lifting will be processed under the old Export Proceed Grant Scheme Rate (i.e.exports made with Bill of

lading dated on or before 31st December, 2004).

11. Violation of Guidelines:

Any violation of these guidelines by any claimants shall be handled by the Presidential Committee on Trade Malpractices and the Economic and Financial Crimes Commission in conjunction with members of the Implementation Committee.

12. Effective Date:

These guidelines take effect from 1st January, 2005

NOTE:

EXPORT CERTIFICATE is required on each consignment for all categories of export whether or not an exporter is eligible for the Export Expansion Grant. The certificate is obtainable from NEPC offices throughout the federation.

FREE OF CHARGE (upon the submission of the pre-shipment documents)Application processing fee is hereby abolished

3 Double dipping into government industrial incentives will not be allowed. (i.e beneficiaries of EEG are prohibited from enjoying other industrial incentives e.g. Manufacturers Export In-Bond Scheme)

Export Processing Zones & Export Processing Factories : Oil & Gas Free ZoneThe Free Port System A Free Port is an enclosed area near to, or forming part of, a seaport or airport, in which imported goods can be stored without payment of customs duty or taxes. These are only paid if the goods are delivered from the Free Port for consumption in the country in which the Free Port is situated. If the good are exported from the free port to another country, no Customs duty or taxes are

payable. This avoids the onerous Customs legislation covering bonded warehouses and the procedures for claiming drawback or refunds of duty previously paid. Free Ports enable exporters to build up buffer stocks at the port or airport of loading, thus avoiding the need to use their own warehousing and the double handling involved. It is important to note at this stage, that legislation

governing the operation of the Free Ports specifically excludes assembly and processes of manufacture, Permissible operations are limited to unpacking/repacking, sorting, grading, sampling

and labeling etc., processes which do not alter the essential nature or state of the imported article. Establishment of the Onne Oil & gas Free Zone The Onne/Ikpokiri area of Rivers State was declared as an Oil & Gas Free Zone by Decree No. 8, which was published in Nigerian Government Gazette No. 12 of 29th March 1996.In terms of the

Decree, Free Port Licenses are only issued to operators in the Oil and Gas related industries. This enables companies operating in those industries to use the Onne Free Port as a Distribution Centre

for their Nigerian and West African activities.

Attractions

To encourage potential investors to set up manufacturing operations in the Onne Free Zone, the Nigerian Government Decree provides the following incentives for approved enterprises.Nigerian taxes, levies, duties and foreign exchange regulations will not apply in the Free Zone. Repatriation of foreign capital investment in the Free Zone is permitted at any time with the capital appreciation of the investment. Profits and dividends earned by foreign investors in the Free Zone may be remitted

overseas at any time. No import or export licenses are required. Up to 100% foreign ownership of the business in the Free Zone is permitted. Companies operating in the Free Zone may employ foreign management and other qualified personnel. Free Port Licenses

Free Port Licenses will only be granted to Companies, which operate in the Oil, and Gas related industries and area registered with the Department of Petroleum Resources.Two types of

license will be issued depending on the legal status of the applicant:

Special Licenses Special licenses are granted to companies who are legally established and incorporated outside Nigeria. However, business can be undertaken and sales made in Nigeria through subsidiaries,

appointed agents or distributors. A company with a special license is also allowed to purchase goods or services from Nigeria.

General Licenses General licenses are granted to company’s already holding do the Registrar of Companies in Nigeria and a permit issue valid Certificate of Incorporation from the Department of petroleum Resources  allowing the company to operate as an Oil and Gas Service company. Activities similar to those allowed by the companies existing

permit will be authorized under the General license.



Export Processing Zones & Export Processing Factories : Negotiable Duty Credit Certificates 

The Negotiable Duty Credit Certificates are an alternative to cash payment of export incentive claim under the Manufacturer-In-Bond Scheme and can be used to settle import duty

payment due to Government by the beneficiary of the Certificate. The Certificate is jointly issued and signed by the Nigeria Export Promotion Council and the Federal Ministry of Finance on behalf of the

New Manufacturer-In-Bond Scheme Committee in respect of the incentive claims relating to Duty Drawback (DDS), Export Expansion Grant (EEG) and the Export Development Fund (EDF) Schemes.



Procedure

i. Any holder or beneficiary of the Certificate can use it for his benefit or negotiate it with other

interested parties on mutually agreed terms.



ii. Where import duty is with Negotiable Duty Credit Certificates designated banks are required to issue separate receipts

with indication “for Negotiable Duty Credit Certificates   PAYMENT” stated therein to distinguish it from import duty

receipts issued for Bank Cheque/Drafts.



iii. The collecting bank shall forward the duplicate (Pink Cover) of the Certificate with a copy of

the receipt and pay-in-slip to the Nigeria Customs Service as per method of the Cash backed payments while the triplicate (white copy) will be forwarded to the office of the Accountant General of the Federation.



iv. A copy of the receipt shall be issued by the Processing bank to the holder or beneficiary of

the Certificate



v. The collecting bank shall, thereafter, submit the original duly batched to the Assistant Director, Trade & Exchange Department Central Bank of Nigeria when making weekly returns and retain a photocopy for its records. Such returns shall be made on the Monday

following the reporting week. For the avoidance doubt separate returns shall be rendered for cash backed and Negotiable Duty Credit Certificates Import Duty Payments.



Transferability

All authorized dealers are to note that as a negotiable instrument the certificate is transferable by

special endorsement to the transferee as mutually agreed between both parties. However a certificate is subject to three (3) transfers, with each transfer counter endorsed by an authorized signatory of the Nigeria Export Promotion Council.The designated banks are required to play the role of Intermediation to facilitate the operation of the

Scheme.



Utilized Balance

In case of partial utilization, the collecting bank shall indicate the unutilized balance on the face of all

copies of the certificate as well as on a photocopy of the original, which shall be handed over to the

holder. Upon presentation to Nigeria Export Promotion Council, the holder shall be issued with the outstanding value using

specific denomination(s) for the unutilized balance.



Commission

A maximum of 50k (fifty kobo) per =N=1,000.00 (one thousand naira) only shall be payable by the

beneficiary or holder of the certificate to the designated bank as administration charge on the

utilized value of the certificate.



For Further Information, please contact:

The Assistant Comptroller-General (Excise & Industrial Incentives)

NIGERIA CUSTOMS SERVICE HEADQUARTERS,

ABIDJAN STREET, P.M.B. 26, ZONE 3, WUSE, ABUJA.

TEL/FAX: +234809 523 4694



Export Processing Zones & Export Processing Factories : Pre-Shipment Agents

The Chief Liaison Officer



COTECNA INSPECTION LIMITED

4TH Floor, Marble House,

1 kingsway Road,

Ikoyi, Lagos Nigeria

Tel.: 2692648, 2692649, 2695340

Fax.: 2690985

Telex: 28643 Cotins-ng



The Manager Operations.,

GOBAL SCAN The Contract Manager

S.G.S. SOCIETE GENERALE DE SURVEILLANCE, S. A

GLOBAL TRADE SOLUTIONS

Liaison Office Intercontinental Plaza

999 C Danmole Street, 4th Floor

M.B. 800048, Lagos Nigeria

Tel.: 611188, 610792, 2625347-50

Fax.: 2623042

E-Mail: nglagoslo@2sgsgroup.com



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