BUSINESS FACILITATION (MISCELLANEOUS PROVISIONS) ACT, 2022

(1) The objectives of this Act are to -
(a) promote the ease of doing business in Nigeria and eliminate bottlenecks; and
(b) amend relevant legislation to promote the ease of doing business in Nigeria and institutionalise all the reforms to ease implementation.

This Act applies throughout the Federal Republic of Nigeria.

(1) Ministries, Departments and Agencies (MDAs) of the Federal
Government which provides products and services shall publish a complete list of requirements to obtain the products and services.
(2) The products and services mentioned in subsection (1) include permits, licenses, waivers, tax related processes, filings, approvals, registration, certification, and other products and services, in accordance with the functions
of the MDA.
(3) The list of requirements referred to in subsection (1) shall -
(a) include all processes, documents, fees and timelines required for the processing of applications for the products and services; and
(b) (b) within 21 days from the commencement of this Act, be -
(i) conspicuously published on the website of the relevant MDA, and
(ii) available at the customer help desk or other office designated for this purpose.
(4) The head of an MDA shall ensure that the list of requirements is verified and kept up-to-date at all times.
(5) Where there is a conflict between a published and an unpublished list of requirements, the published list shall prevail.
(6) An MDA shall maintain a register of applications for products and services.

(1) Where the relevant MDA fails to communicate approval or rejection of an application within the time stipulated in the published list, all applications for products and services not concluded within the stipulated timeline shall be deemed approved and granted.
(2) An MDA shall maintain, at least, two modes of communication of its official decisions to applicants, and the preferred modes of communication shall be published on the website of the MDA.
(3) Where an application is rejected within the stipulated timeline, the MDA shall communicate the rejection to the applicant stating the grounds for the rejection.
(4) An applicant’s physical acknowledgement or electronic copy of an application shall serve as proof of the date of submission of the application to determine when the timeline of an application commenced.
(5) An applicant whose application is deemed granted under subsection (1) may, on the expiration of the application timeline, notify the relevant MDA for the issuance of a certificate or document in evidence of the grant, and the MDA shall within 14 days, issue the certificate or document in evidence of the grant.
(6) The notification referred to in subsection (5) shall, for all purposes, be construed as a certificate or document in evidence of the grant.
(7) If the appropriate officer in an MDA fails to act on an application within the timeline stipulated, without lawful reason, the failure constitutes misconduct and is subject to the prescribed disciplinary proceedings under the civil or public service rules.

(1) For the purposes of one government, where an applicant requires service from an MDA, the MDA shall conduct the necessary verification or certification from relevant MDAs, in respect of the applicant.
(2) Subject to subsection (1), a copy of any document submitted by an applicant in respect of an application shall be apparent proof of the content of such document.
(3) In this section, "one government" means collaboration between MDAs to process and deliver products and services to the public.

(1) An MDA shall have a service level agreement which shall provide for -
(a) a list of products and services rendered;
(b) documentation requirements;
(c) time lines for processing applications;
(d) applicable fees;
(e) a summary of the procedure of application;
(f) redress mechanisms; and
(g) such other requirement, as the MDA may consider necessary.
(2) The service level agreement of an MDA shall be binding on the MDA in the processing of applications.
(3) A service level agreement shall be published on the website of the MDA.
(4) Failure of the appropriate officer to act within the timeline stipulated in the service level agreement, without lawful reason, shall amount to misconduct and be subject to appropriate disciplinary proceedings in accordance with the relevant law or regulations applicable to the civil or public service.

(1) Touting is prohibited in any port in Nigeria.
(2) Staff on duty shall be properly identified by uniform and official identity cards.
(3) Staff off duty shall stay away from the ports except with the express approval of the head of the MDA.
(4) The Federal Airports Authority of Nigeria (FAAN), Aviation Security (AVSEC) and Nigeria Ports Authority (NPA) security shall ensure compliance with the provisions of this section.
(5) A non-official staff shall not be allowed into the secured areas of any of the ports in Nigeria.
(6) An official of the FAAN, Nigerian Immigration Service, a security agency, Ministry responsible for foreign affairs or MDA shall not be permitted to meet a non-designated dignitary at a secured area of the airport.
(7) The official approved list of dignitaries that have been pre-approved to be received by protocol officers shall be made available to AVSEC and other relevant agencies ahead of the arrival of such dignitaries at the airport.
(8) Any official who solicits or receives bribe from a passenger or other users of the port shall be -
(a) removed from his duty post;
(b) subject to disciplinary measures; and
(c) liable to a criminal proceeding in accordance with extant laws and regulations.
(9) All relevant MDAs at the airports shall within 30 days of the commencement of this Act, merge their respective departure and arrival interfaces into a single customer interface.
(10) All agencies present in Nigerian ports shall, within 60 days from the commencement of this Act, harmonise their operations into one single interface station domiciled in one location in the port and implemented by a single joint task force at all times, without prejudice to necessary procedures which may be utilised at the backend.
(11) The new single interface station at each Nigerian port shall capture, track and record information on all goods arriving and departing from Nigeria and transmit captured information to the head of the relevant offices and the head of the National Bureau of Statistics on a weekly basis.
(12) Each port in Nigeria shall assign an existing export terminal dedicated to the exportation of agricultural produce, within 30 days of commencement of this Act.
(13) A port shall, within 30 days of commencement of this Act, maintain a 24-hour operation, or such other periods of operation to be determined by the relevant MDA.
(14) A person who violates the provisions of subsection (1), commits an offence and is liable on conviction to a fine of at least N1,000,000 or imprisonment for a term of at least six months or both.
(15) A person who violates the provisions of subsections (2), (3), (5) and (6), is liable to administrative penalties as may be prescribed in a regulation issued by the relevant MDAs.

The Registrar-General of the Corporate Affairs Commission (CAC) shall, within 14 days of the commencement of this Act, ensure that all application processes at the CAC are fully automated from the start to completion.

The Acts in the Schedule to this Act are amended as set out in the Schedule to this Act.

In this Act -
"touting" includes carrying out unlawful activity for personal gain; and
"modes of communication" includes letters, emails and publications on official websites.

This Act may be cited as the Business Facilitation (Miscellaneous Provisions) Act, 2022.