by Damilola Salawu, Damilola Oyebayo, Damilola Obafemi and Doyinsolami Oyeleye, Olaniwun Ajayi LP
Please note the law-stated date of this resource. It does not consider recent events, including legal developments related to the 2022 Ukraine crisis. For resources concerning these topics, see Russia Sanctions and Related Considerations Toolkit.
Recent Trends
1. What are the recent trends affecting the regulation of international trade in your jurisdiction?
Political Considerations
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Stimulate the economy by preventing business collapse and ensuring liquidity.
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Retain or create jobs using labour intensive methods in key areas such as agriculture, facility maintenance, housing, and direct labour interventions.
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Undertake growth-enhancing and job-creating infrastructural investments in roads, bridges, solar power, and communication technologies.
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Promote local manufacturing and production at all levels and advocate the use of “Made in Nigeria” goods and services.
Economic Situation
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India (16.73%).
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Spain (10.97%).
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The Netherlands (7.61%).
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South Africa (6.81%).
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Turkey (5.01%).
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China (30.51%).
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The US (8.96%).
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The Netherlands (8.24%).
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India (6.58%).
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Belgium (3.95%).
Negotiations of International Trade Agreements
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Business and professional services.
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Communication services.
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Financial services.
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Tourism services.
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Transport services.
Trade Agreements
2. Is your jurisdiction a member of the World Trade Organization (WTO)? What are the main international, regional or bilateral trade agreements to which your country is a party?
International Trade Agreements
Bilateral Trade Agreements
Regional Trade Agreements
Trade Negotiations
3. What are the authorities responsible for negotiating trade agreements? How long does it usually take to conclude a trade deal with your country?
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Maximise the country’s trade and economic potential.
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Correct and re-balance longstanding economic anomalies in Nigeria’s trading relationships.
Supply of Services
4. Is your jurisdiction a party to international agreements on cross-border trade in services? Is your jurisdiction taking part in the negotiations of the Trade in Services Agreement (TiSA)?
Financial Services
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Have a physical presence in their country of incorporation.
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Be licensed in their country of incorporation.
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Be affiliated to any supervised financial group.
Legal Services
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Council of Legal Education (established under the Legal Education Act).
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Body of Benchers (established under the LPA).
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Legal Practitioners Privileges Committee.
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Legal Practitioners Disciplinary Committee.
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Nigerian Bar Association.
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Their name is on the roll of legal practitioners kept by the Supreme Court of Nigeria.
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They are authorised to practise as a barrister by a warrant of the Chief Justice of Nigeria for the purposes of a proceeding (this is particularly applicable to foreign legal practitioners who practise in countries with a similar legal system to that of Nigeria).
Imports
Customs Authority
7. What is the authority responsible for enforcing customs laws and regulations?
Import Duties, Tariffs and Rates
9. Where can information be found about import tariffs and other customs charges?
General Tariffs and Rates
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Volume of importation of a product entering the customs territory of a member state equals or exceeds 25% of the average import for the preceding three years of which data can be found.
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Average of the “cost insurance and freight” (CIF) import price of shipments entering the customs territory of a member state falls below 80% of the average CIF import price for the last three years of which data could be found.
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CEMA.
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Customs and Excise Tariff Act No. 4.
Preferential Tariffs
Non-Tariff Barriers to Imports
10. Are there non-tariff barriers to imports into your jurisdiction?
Trade Remedies
Regulatory Framework
11. What is the main legislation relating to trade remedies? What are the authorities responsible for investigating and deciding on trade remedies?
Regulatory Framework
Regulatory Authority
Investigations and Enforcement
12. Does your jurisdiction apply a lesser duty rule and/or a public interest test in trade remedy investigations? Are there any other notable features of your jurisdiction’s trade remedy regime?
There is no legislation on trade remedy investigations (see Question 11). Nigeria does not apply public interest test in trade remedy investigations. The existing Customs Duties (Dumped and Subsidies Goods) Act 1958 provides that authorities can impose duties at a level lower than the margin of dumping if that level is considered adequate compensation for the injury or if, having regard to all circumstances, it is in the national interest.
Appeals
13. Is there a domestic right of appeal against the authority’s decision? What is the applicable procedure?
Sanctions and Export Controls
Regulatory Framework
14. What is the main legislation governing sanctions and export controls? What are the authorities responsible for enforcing sanctions and export controls?
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The exporter must be a registered/incorporated business in Nigeria.
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The exporter must be registered with the relevant tax authorities and have a valid tax identification number.
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The exporter must register with the Nigeria Export Promotion Council.
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The exporter must open a domiciliary account with any commercial bank in Nigeria (all export proceeds must flow into that account).
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The exporter must obtain a Nigerian Export Proceeds Form (NXP Form) from the commercial bank where the account is domiciled in respect of each export transaction.
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To be exported, goods must be subject to inspection by inspection agents(s), who must:
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inspect the quality, quantity and true value of the goods to be exported; and
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issue a clean certificate of inspection for the goods within 72 hours after the inspection (if they meet the required standards).
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The exporter must pay to a designated bank the Nigerian Export Supervision Scheme Administrative charge of 0.5% and 0.15% on the “free on board” (FOB) value of non-oil and oil/gas exports, respectively (this amount is then remitted to the CBN).
15. Are certain categories of goods subject to non country-specific export controls?
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Maize.
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Timber (rough or sawn).
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Raw hides and skin (including Wet Blue and all unfinished leather).
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Scrap metals.
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Unprocessed rubber latex and rubber lumps.
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Artifacts and antiquities
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Wildlife animals classified as endangered species and their products (for example, crocodiles, elephants, lizards, eagles, monkeys, zebras, lions and so on).
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All imported goods.
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Goods from warehouses.
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Transit goods.
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Any other goods subject to any import duty that has not been paid.
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Drawback goods.
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Export prohibited goods.
Penalties
17. What are the consequences of non-compliance with sanctions and export controls?
Compliance
18. Are businesses subject to specific compliance requirements? What practical steps should a business take to ensure compliance with trade sanctions and import/export requirements?
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Incorporation of the business.
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Obtaining sector-specific licences.
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Tax compliance.
- Compliance with the guidelines of the Nigerian Customs Service.
Foreign Trade Barriers
19. What is the procedure for local exporters to complain against foreign trade barriers contrary to the WTO or other trade agreements?
Developments and Reform
20. Are there impending developments or proposals for reform affecting international trade in goods and services?
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Engaging with other ECOWAS member states to drive reforms needed to implement the economic integration agenda of the ECOWAS.
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Establishing an ECOWAS Trade Policy Committee consisting of designated chief negotiators of ECOWAS members, which will recommend mandates, priorities and positions to ECOWAS principals.
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Improving its focus by implementing actions to build relationships in updated strategic alliances, and its role in the multilateral trading system.
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Ensuring that the goals and priorities of Nigeria’s trade relationships are to dynamically scale up action to use trade, investment and associated areas to accelerate growth, modernise and diversify the economy and expand employment opportunities for about two million Nigerians entering the labour market annually.
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Negotiating strategic relations with notable trading partners using agreed 21st century templates for Nigeria’s trade agreements.
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Establishing a rules-based trade remedy infrastructure.
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Ensuring that the pace of establishment of a trade remedy infrastructure is accelerated.
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Updating Nigeria’s trade policy to reflect the global shifts in the economic and trade policy landscape, and the ongoing changes in the centre of economic and trade gravity in the global economy.
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Implementing and successful executing the provisions accepted on becoming a member of the AfFCTA.
Contributor Profiles
Damilola Salawu, Partner
Olaniwun Ajayi LP
T +234 1 270 2551 Ext 2722 E [email protected] W www.olaniwunajayi.net
Damilola Oyebayo, Associate
Olaniwun Ajayi LP
T +234 1 270 2551 Ext 2729 E [email protected] W www.olaniwunajayi.net
Damilola Obafemi, Associate
Olaniwun Ajayi LP
T +234 1 270 2551 Ext 2732 E [email protected] W www.olaniwunajayi.net
Doyinsolami Oyeleye, Associate
Olaniwun Ajayi LP
T +234 1 270 2551 Ext 2732 E [email protected] W www.olaniwunajayi.net