NIGERIAN SHIPPERS' COUNCIL (LOCAL SHIPPING CHARGES ON IMPORTS AND EXPORTS) REGULATIONS
Section 1: Power of Council to negotiate port tariffs and rates
As from the commencement of these Regulations the Council shall have power to negotiate all future reviews, modifications and increases of Nigerian Ports Authority tariffs and rates paid by an importer or exporter at all Nigerian ports and enter into any agreement on the sums payable.
Section 2: Power of Council to negotiate local shipping charges
(1) Notwithstanding the provisions of regulation 1 of these Regulations, the Council, the Nigerian Ports Authority and shipping companies shall negotiate all reviews, modifications or increases of local shipping charges and enter into any agrument on the nature or type of charges payable by importers or exporters and the sums so payable.
(2) Local shipping charges recognised as legal and justifiable under international shipping trade agreements shall be due and payable by Nigerian importers and exporters.
Section 3: Duty of the Council to publish charges
The Council shall, to the exclusion of any person whether private or public, publish on a periodical basis or as often as it may deem fit all local shipping charges payable by Nigerian importers and exporters.
Section 4: Offences, etc.
Any person or shipping company who contravenes any of the provisions of these Regulations is guilty of an offence and liable on conviction to-(a) refund the excess of the sum charged the importer or exporter and to a fine of N50,000; or
(b) on a second or subsequent conviction, to a fine of N250;000 or to imprisonment for a term of three years or to both such fine and imprisonment.
Section 5: Offences by bodies corporate
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the connivance of or to be attributed to any negligence on the part of a director, manager or other similar office of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, where practicable, shall be deemed to be guilty of that offence ahd shall be liable to be proceeded against and punished accordingly.
Section 6: Interpretation
In these Regulations, unless the context otherwise requires-
"local shipping charges" means charges paid locally by an importer or exporter in addition to the freight payable and charges such as document, manifest amendment, container cleaning, container rent and deposit, cargo demurrage, cargo tent and equipment charges;
"shipping company" means any company registered in Nigeria which carries on business as the agent of a shipping line or carrier and provides such ancillary services as handling, security, berthing, discharge, loading, clearance, warehouseman, terminal operator.
Section 7: Citation
These Regulations may be cited as the Nigerian Shippers' Council (Local Shipping Charges on Imports and Exports) Regulations.