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General News of Tuesday, 12 February 2013

Source: The Enquirer

Customs scandal; seized metals missing

The scrap metal contents of 31 containers seized at the Tema Heavy Industrial area have gone missing, even though they have been held by Customs since last week.

Reports by the Ghana Steel Manufactures Association, which we monitored, stated that the situation occurred last Thursday when one of the local steel companies, Special Steel Limited, was offered the seized scraps to purchase.

Nunya Amedwode, the Public Relations Officer of Customs officials, Tema, confirmed the story when he was contacted yesterday.

According to him, they are conducting a thorough investigation into the scandal, and would therefore not say much until it is completed.

Last Thursday at about 10.00 a.m., a team of metal experts from the local steel industry were led by a Customs Officer to first inspect the contents of the containers, which were packed in the scrap yards of two companies, Everest Limited and Star Limited.

A representative of the local steel industry, who was shocked at the turn of events, stated that Customs have ensured that the ban order is enforced, yet the ferrous scrap metals are shipped on daily basis in hundreds of containers.

The 31 containers which were seized and remained in the custody of the Customs could also not be protected for the industry to buy.

He therefore called for intensive investigations into what happened that Customs allowed the scrap in the containers with the agency’s own seals to be taken away.

As we make attempts to get in touch with Customs for their official response, we have information that heads are going to roll in this scandal.

It would be recalled that in March last year, a team of Customs officials seized 31 containers of ferrous scrap metals in two separate scrap yards at the Tema Heavy Industrial Area, following a tip-off that the items were about to be exported.

No arrests were made but the scrap metals had gone through a formality, gazetted and matured for auction.

It was gathered that Customs decided to dispose of them by offering them to one of the steel companies, but the move was halted at the 11th hour, when a fiat was reportedly issued from the Ministry of Trade suspending the action. The Ministry of Trade has for some time now banned the exportation of ferrous scrap metals in order for the local steel manufactures to use the raw material.

The shipping companies, including Maersk line, have been writing to the exporters whose scrap metals are stuffed in the containers for the release of the boxes to negotiate payment of the demurrage that has been accrued.

The Ministry of Trade and Industry last week issued a statement to disassociate itself from the impediments put in the way of the disposition of the seized items.

In a rejoinder to the Enquirer on the forgoing issue, Nana Akrasi-Sarpong, acting Director Communications and Public Affairs of the Ministry of Trade and Industry, said: “Concerning the action needed to be taken on the seized scrap metals, we informed CEPS that the detention be converted to seizure under Customs law and the Commissioner disposes of the goods in accordance with Customs procedures.

However, we are also of the view that as public officers once a law has been passed or a legislative instrument comes into force, it is not for any public officer to decide how convenient or otherwise it is to implement any legislation in force.

The issue to be addressed is to determine the steps that need to be taken to enforce the law effectively.

We are therefore urging Customs to discuss the issue of enforcement and the conduct of prosecution with the Attorney General’s Department as a matter of urgency.

“A second look will have to be taken at L.I. 1969 regarding how efficiently and expeditiously its provisions can be implemented without impeding legitimate trade and even the Ministry has requested CEPS to bring their suggestions for amendment.”