LAHORE: Laws exist and the newly-elected government must only implement those laws in its letter and spirit across the country. All officers and officials of Customs department should follow the relevant laws at each and every point.
This was stated by former president of Lahore Tax Bar Association (LTBA) Qamar Uz Zaman while talking to Customs Today exclusively.
He said that government of Pakistan should facilitate the importers and take notice of complaints of importers and solve additional demurrage and detention issue faced by them on the terminal (PICT).
He stated that misconduct by shipping lines, their agents and terminal operator including United Marine Agencies, Evergreen Line, GreenPak Shipping, KMTC and PICT is not a good gesture for country’s economy, customs department and importers.
Non serious attitude and inefficiency in the service delivery is creating hazards for business environment for genuine importers in the country by charging unfair demurrage and detention charges on import shipments and inflicting Rs 15 billion loss on them.
Qamar uz Zaman urged the newly-elected government of Pakistan Tehrik-e-Insaf (PTI) to take serious action against corrupt shipping companies and Customs officials those are involved in the violation of SRO 1220 and Section 14A of Customs Act 1969.
It is pertinent to mention here that law under SRO 1220(I)/ 2015 explains that shipping companies cannot charge any demurrage and detention where specifically it is not agreed and also specifically not mentioned on the B/L (Bill of lading). Section 14A of the Customs Act, 1969 says the port (like PICT port) cannot charge any demurrage or detention charges if Customs gives a certificate to importer called the ‘delay and detention certificate’. But despite this certificate, PICT illegally holds goods of importers and charges them heavy amounts as demurrage.
He stressed the government to take serious measures on the ports and create business friendly environment for the importers and exporters to boost up the national economy and strengthen Pakistan.
He said Imran Khan had promised to finish corruption in Pakistan so PTI government should start action from those Customs officers and officials who are creating hurdles for the importers at ports. Federal Board of Revenue (FBR) should take serious action to ensure smooth and transparent imports by solving problems of importers.
For unnecessary delay in the clearance of import shipments and taking additional charges by PICT and shipping lines under the head of demurrage and detention against the set law, the authorities must take action, he stated.
Qamar said corruption has become almost integral part of our economic activities and LTAB always highlighted misuse of powers by several corrupt officials but there is no positive response from authorities.
He expected that newly government should bring reforms at large scale in the Customs clearance system to remove corruption and enhance business for the betterment of national economy.
Former President of LTBA said that laws exist, the only issue is implementation that was weakness of previous government and we expect from newly government that it will play a vital role for implementation of laws to end corruption from all departments including Customs.
It is important to mention here that some importers have already filed 13 applications to lodge FIRs against these shipping lines and their agents including Deputy MD of Greenpak Abdul Rauf, CEO of United Marine Agencies Sohail Shams, COO PICT Khurram Aziz Khan and Chairman Marine Group Capt. Haleem Siddiqui, for demanding additional demurrage and detention charges from importers.
CEO United Marine Agencies Sohail Shams
A complaint filed by importers said, “They, through their shipper/agents in China, handed the goods to KMTC Ltd. as trust to be delivered and released here at PICT, Karachi. The shipping lines nominated M/S United Marine Agencies (Private) Limited as their agents at Karachi for the same while the company PICT Ltd. took custody of the goods as trust at PICT port, Karachi. Importers also long back paid in full to the shipping lines the ocean freight charges as agreed between the parties. But despite repeated reminders and visiting office of M/S United Marine Agencies (Private) Limited and of PICT Ltd., they did not release the goods yet”.
Importers further said, “The actions of KMTC Ltd. through its owners, management and staff including but not limited to Jong Seug Park, Yong Hwa Shin, others and of M/S United Marine Agencies (Private) Limited through its owners, management and staff including but not limited to Manzoor Ahmed, Lars Tore Bergstrom, Lars Goran Safverstrom, Mohammad A Dhamee, Sohail Shams, Rishad Kirmani, Mohsin Lodhi, others and of PICT Ltd. through its owners, management and staff including but not limited to Haleem Siddiqui, Christian R. Gonzalez, Roman Felipe S. Reyes, Aasim Azim Siddiqui, Rafael D. Consing Jr., Gordon Alan P Joseph, Hans-Ole Madsen, Sharique Azim Siddiqui, Khurram Aziz Khan, Muhammad Hunain, Junaid Qureshi, Shujaat Hussain, others, individually and jointly, tantamount to conspiracy, criminal breach of trust, cheating, mischief to cause losses, threatening, etc. which attract penal sections under PPC 34, 407, 409, 420, 427, 506, besides others.”
Haleem Siddiqui, Chairman Marine Group
In another similar complaint, “Importers firm, through their shipper, handed the goods to Evergreen Line as trust to be delivered and released to them here at PICT, Karachi. The shipping lines nominated M/S Greenpak Shipping (Private) Limited as their agents at Karachi for the same while the company PICT Ltd. took custody of the goods as trust at PICT port, Karachi. Importers also long back paid in full to the shipping lines the ocean freight charges as agreed between the parties. But despite repeated reminders and visiting office of M/S Greenpak Shipping (Private) Limited and of PICT Ltd., they did not release the goods yet”.
Importers said, “The actions of Evergreen Line through its owners, management and staff including but not limited to Chang Cheng-Yung, Chang Kuo-Hua, Chang Kuo- Ming, Ko Lee-Ching, Lee Mong-Jye, Hsieh Huey-Chuan, others and of M/S Greenpak Shipping (Private) Limited through its owners, management and staff including but not limited to Javed Iqbal, Mohammad Reza Ghaem Maghami, Safdar Hussain Mehkri, Syed Qamar ul Hasan, Abdul Hamid, others and of PICT Ltd. through its owners, management and staff including but not limited to Haleem Siddiqui, Christian R. Gonzalez, Roman Felipe S. Reyes, Aasim Azim Siddiqui, Rafael D. Consing Jr., Gordon Alan P Joseph, Hans-Ole Madsen, Sharique Azim Siddiqui, Khurram Aziz Khan, Muhammad Hunain, Junaid Qureshi, Shujaat Hussain, others, individually and jointly, tantamount to conspiracy, criminal breach of trust, cheating, mischief to cause losses, threatening, etc. which attract penal sections under PPC 34, 407, 409, 420, 427, 506, besides others.”