Dar Mulls Over Tough Law To Curb Customs Fraud

 
By ADAM IHUCHA
Tanzania is mulling over enacting a stringent customs law, to curb a thriving customs fraud, in its fresh thrust to seal off avenues, for revenue leakages.
Experts say, customs fraud in Tanzania occurs in various forms, including under-declaration of the goods’ value and imported products misclassification in order to underpay taxes.
Taxman says, in whatever form, the customs fraud, has significant economic consequences for Tanzania, where the revenue base, is highly dependent upon the efficient taxation of trade.
“In the new law, under-declaration of the goods’ value, falsification of import products, would be considered as the customs fraud offence,” says TRA Commissioner of Customs and Excise, Mr Tiagi Kabisi. 
Mr Kabisi told the East African Business Council (EABC) breakfast meeting recently in Dar es Salaam that, Tanzania would borrow a leaf from Singapore, where customs fraud, is a criminal offence.
At the moment, customs cheating in Tanzania is treated lightly, as the culprits are not prosecuted in court of law, though they are liable to a fine of $10,000 or license nullification.
TRA Senior Customs officer, Mr Bahati Allex says that once the law is enacted, the customs fraud perpetrators would be prosecuted as any other serious criminals.
“Apart from prosecution, their imported goods also would be confiscated and their license nullified” Mr Allex explains.
Taxman says, of late, unscrupulous traders have been taking advantage of a pre-arrival declaration (PAD) system, by declaring false value of goods or misclassification of products, in a bid to underpay duties.
The proliferation of customs fraud had compelled minister of finance, William Mgimwa to ban the direct cargo discharge.
“As a result, since June 2013, all cargos have been subjected to 100 percent physical verification to attest quantities and value of cargo declared by importers” Mr Allex said.
Dr Mgimwa’s ban at Dar es Salaam port came after the state unearthed a mafia-like syndicate involving importers, clearing agents and foreign dealers to commit customs fraud.
The minister says, the culprits have hatched a plan through which, they work in coalition to forge consignment documents, precisely to lower, the product-purchasing price, in a bid to avoid taxes.
Taking advantage of both online pre-arrival declaration and direct cargo release, the syndicate is believed to have been ripped-off the country, a much needed resources. 
For instance, recently, TRA through physical cargo verification at the Dar harbor was intercepted nearly 200 containers loaded with different products to what was on the pre-arrival declaration form.
In the PAD forms, the importers declared that the containers were loaded computer CPUs, mosquito nets, computers, solar panels, and aluminum products, which were tax-free.
But after being verified, there were taxable items such as khanga, and electronics gadgets like sterilizers, saloon driers, TV sets, radio, rice cookers, blenders and micro-waves.
As of last week, TRA was still struggling to establish tax due, after having successfully managed to fine importers Tsh 1.2billion or $750,000.
Dr Mgimwa believes that if measures were taken to plug in loopholes for customs fraud, TRA could collect Tsh 1 trillion or $625 million a month, up from the current Tsh 791.67 billion or $494.791 million.
In the next five years, TRA projects revenue collection would soar to 19.9 per cent of GDP, thanks to authority’s fourth corporate blueprint covering 2013/14 – 2017/2018.
In real terms, the plan shows, TRA would be able to collect nearly Tsh19 trillion or $11.875 billion, a year by 2017/18, up from Tsh 8.03 trillion or $5.019 billion in the just ended fiscal year.
The outline shows that the target will be realized by improving efficiency in tax administration and broadening the tax net in order to collect more revenue particularly from lucrative sectors of mining, oil and gas, telecommunication, tourism, construction, real estate, financial industry, high net worth individuals and incomes from the informal sector.
The EABC Trade Economist, Mr Adrian Njau says that the certification of clearing and forwarding agents within the EAC could be an effective measure to reduce customs fraud.
“Once the clearing agents mess-up in Tanzania, for instance, his or her license should be revoked and barred to operate in any EAC partner states for life” Mr Njau said.
However, effectively from January 2014, the EAC freight forwarders association would start certifying clearing and forwarding companies across the region, on behalf of partner states revenue authorities.
FEAFFA Executive Director, John Mathenge said in an earlier interview that all clearing and forwarding companies would be required to have at least two professionals in order to acquire licenses.

The move is meant to nurture professionalism in the freight and logistic industry in the EA trading bloc, home to 2,431 firms.

At the moment,
clearing and forwarding operators in the EA region are not required to have any formal qualifications.

Now, Mr Mathenge said the East Africa Customs Freight
forwarding Practicing Certificate (EACFFPC) would be mandatory requirement.

It is understood that FEAFFA has given the green light by the EAC partner states revenue authorities to be the sole regional apex body to certify the companies qualified for licenses from 2014.

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