The Importation of Goods Into Nigeria, How To Obtain a SONCAP Certificate

Commercial Law :- The Regulatory Requirements For The Importation of Goods into Nigeria

This article will be focused on the regulatory procedures involved in securing a permit for the importation/bringing in of goods into Nigeria which is primarily under the jurisdiction of the Nigerian Customs Service in collaboration with other government agencies.

It should be noted that no item or product can be legitimately brought into Nigeria without the regulatory clearance of the Customs Service.

These procedures are thus itemized as follows:

Confirmation of Goods

– This involves carrying out an enquiry to ensure the goods planned for importation do not fall under the prohibition/restricted goods list of the Nigerian Customs Service.

Incorporating an Importation Company in Nigeria & Registering the company as an importer with the Federal Inland Revenue Service (FIRS)

– FIRS registrations for the purpose of paying all importation-related taxes, levies and duties are to be done via Tax Identification Numbers (TINs).

Procuring a Product Certificate or PC

– Product Certificates are given by the Standards Organization of Nigeria (SON) to exporting/selling companies of the goods to be imported through agents known as accredited firms.

– The aim of a PC is to affirm that the SON is satisfied about the quality of goods to be imported.

– A PC is important for the purpose of final importation clearance by the Nigerian Customs Service.

Submit a procured e-Form M

– An e-Form M is usually procured from an authorized dealer (a bank) 

from the Nigerian Trade Portal and once filled, is to be submitted along with a set of required attached documents which must be marked either valid or invalid for foreign exchange (FX).

– A due diligence check must be done by the importer or its legal counsel to ensure that the goods to be imported are valid for FX. This means that if invalid, import transactions in the goods will be barred from access to the official Nigerian FX market.

– Where the importation of certain goods discovered to be invalid for FX, the importing company will then be required to prepare written statements and documentation stating the source of the FX it will procure on its own for Importation (this is in itself an Anti-Money Laundering procedure).

Onward Submission of the e-Form M to the Customs Service For Registration. 

– This stage will also involve a thorough review of supporting documents attached to the e-Form M.

Obtaining a SONCAP Certificate

– SONCAP (Standards Organization of Nigeria Conformity Assessment Program) Certificates are to be procured alongside other clearances from accredited firms. SONCAP Certificate procurement procedures will be the focus of my next article.

The procurement of a Pre-Annual Assessment Report

– This is granted by the Customs Service and requires among other documentation, an e-Form M, Shipping documents, a PC, a certificate of origin is will be submitted with a Pre-Annual Assessment Report form . 

Customs Clearance Proper

– Which involves sending documentations which include a Single Goods Declaration (SGD) , the Pre-Annual Assessment Report to the trade portal and paying the required import duties and tariffs to the NCS.

The NAFDAC Regulations on Permits For The Importation of Narcotic Drugs, Psychotropic Substances & Drug Precursors into Nigeria

Rendered effective from 01/06/2018, the National Agency For Food and Drug Administration and Control (NAFDAC) passed the narcotic drug guidelines for the interest of the public and in particular, importers of narcotic drugs, controlled /Psychotropic Substances & Drug Precursors into Nigeria.

It should be noted that no product containing narcotic and controlled substances shall be manufactured, imported, exported, advertised, sold, distributed or used in Nigeria unless it has been registered under the NAFDAC act and the necessary import and clearance permits have been obtained where applicable.

This article will be focused on the steps involved in securing a NAFDAC permit for narcotic drug importation.

Step 1 – Documentation

– Applicants are required to fill the FG Single Window for trade-provided forms for a permit to import narcotic drugs, psychotropic substances and drug precursors .

– The following documents are documents are required to be attached for a successful submission of the form:-

a). An application signed by the superintendent pharmacist of the company on the company’s letter head addressed to the NAFDAC containing :-

1. The name of substances to be imported

2. The quantity of substances to be imported (in Kilograms)

3. The country of origin

4. Name and address of the manufacturer

5. Name and address of the supplier

6. Valid annual license of the superintendent pharmacist to practice

7. Valid certificate of registration/retention of premises

8. Proforma invoice

Step 2 – Processing of Permit

– Upon satisfactory documentation, the importing company is to liaise with the Inspection & Monitoring division of the directorate for inspection, NAFDAC, of  her facility (this is not applicable to new applicants).

– A permit to import will be processed for a satisfactory application.

– For unsatisfactory applications/documentations, a compliance directive will be issued to the company.

Step 3 – Collection of Permit

– This involves collecting from the Nigerian Customs Service, endorsed permits to import Narcotic drugs.

Step 4 – The payment of applicable Tariffs

Timeline for processing of import permit applications for narcotic drugs – 5 working days.

It should be noted that:-

– A failure to submit adequate documents may lead to considerable delays in processing the application.

– A failure to respond promptly to compliance directives will lead to suspension of further processing of the application.

– Allocation of controlled substances is based on availability.

– Submission of fake documents will be considered as a violation and may result in regulating action and/or prosecution.

How To Obtain a SONCAP Certificate for Goods Importation into Nigeria

SONCAP Certificate applications and issuances fall under the jurisdiction of the Standards Organization of Nigeria (SON) which is empowered by law to provide the regulatory framework for determining the appropriate standards for the manufacture and sale of products as well as publishing regulatory information  regarding production and service minimum quality indicators.

Under the Standards Organization of Nigeria Conformity Assessment Program (SONCAP), certain goods are as a matter of fact required to be assessed/checked to ensure conformity with approved production/manufacturing standards before clearance for importation into Nigeria and are typically evidenced as validly cleared by certificates issued on behalf of SON via accredited agent firms.

This article will be looking at the procedures involved in procuring this certificate which are as follows:-

– Procurement of a Product Certificate (PC) :- This is a major requirement for products and is also issued by the SON and a pre-condition for the issuance of a SONCAP Certificate.

It should be noted that 3 categories of Product Certificates exist based on validity according to importation frequency in the following order:-

1. PC 1 ( For one-time importers) 

– Validity period – 6 months

2. PC 2 ( For occasional importers)

– Validity period – 1 year

3. PC 3 (For frequent importers)

– Validity period – 1 year

How long does it take to process an application for a PC?

This takes 3-7 working days.

What are the requirements for procuring a PC?

Some of the requirements for processing a PC include:-

• An application letter.
• A quality declaration from the manufacturer.
• A sample/picture of the product.

– Making an application proper for a SONCAP Certificate using the PC:- A SONCAP Certificate is to be linked to a PC which will be attached to a SONCAP Certificate application.

Requirements for a SONCAP aplication include the following :-

• A SONCAP aplication letter
• An e-Form M
• A Completed Request for Certificate Form
• A valid PC
• A Tax Identification Number
• A proforma invoice.