The Ghana Revenue Authority (GRA) has responded to the Importers and Exporters Association of Ghana (IEAG)’s accusations of what the group described as a “mafia” system of illegal auctions at the country’s ports, particularly involving perishable goods.

According to the association, in a statement signed by its Executive Secretary, Samson Asaki Awingobit, and released on Wednesday, August 27, perishable goods such as frozen fish are entitled to a 60-day grace period before being subjected to auction if left uncleared.

The group claims its members are facing unfair treatment, with their consignments being auctioned within twenty-one days by customs officials, allegedly to the benefit of politically connected businessmen. This practice, they argue, disadvantages the original owners of the goods, particularly as many struggle with forex shortages needed to clear their consignments.

“Due to importers’ inability to secure forex on time to clear their goods, their consignments are pushed onto the Undercleared Cargo List (UCL). Shockingly, the statutory 60-day grace period before auctioning has been arbitrarily reduced to 21 days. Politically-connected businessmen lie in wait for this window to elapse, after which goods are dubiously auctioned without recourse to the importer,” the statement explained.

IEAG further alleged that, “Importers whose goods are seized are still compelled to pay demurrage on consignments they never had the chance to clear, while politically connected buyers escape such costs and instead pay only shipping lines’ service charges, which range between GH¢6,000 and GH¢10,000.”

In response to these claims, the GRA issued a rejoinder, clarifying the legal framework under which customs operates. It cited Section 53(3)(a) of the Customs Act, 2015 (Act 891), which states: “Where goods deposited in a State warehouse are perishable, a Proper Officer may dispose of the goods by public auction after the goods have remained in the warehouse for twenty-one days.”

To further clarify the laws governing the handling of goods at the port, the GRA highlighted Sections 52, 53, and 59 of the Customs Act, 2015 (Act 891), which outline procedures for managing imported goods, including vehicles not entered and cleared within the required timeframe.

What do Sections 52, 53, and 59 say?

According to Section 52: “Where goods imported are not delivered from a customs-controlled area within seven days after final discharge, or within a further period as the Commissioner-General may in special circumstances allow, a proper officer may deposit the goods in a State warehouse for a period of not more than fourteen days.”

Section 53 elaborates that: “(1) Goods not cleared within the timeframe in Section 52 may be deposited in a State warehouse. (3)(a) If the goods are perishable, a Proper Officer may auction them after 21 days. (3)(b) For non-perishable goods, the auction may occur after 60 days.”

Section 59 further provides that: “A motor vehicle imported into the country which is not entered and cleared within sixty days after final discharge shall be forfeited to the State.”

In light of these provisions, the GRA described IEAG’s claims as “erroneous to indicate that importers have 60 days within which to clear perishable goods.” The Authority encouraged importers to take advantage of the pre-cargo arrival clearance process, which allows them to pay applicable duties before the arrival of consignments. Additional payments, it noted, may arise if discrepancies are detected during inspection.

The tax authority also reassured stakeholders of its strict adherence to established rules and procedures.

“GRA uses this opportunity to reassure all importers and the general public of its commitment and adherence to the relevant Customs laws and procedures while upholding our values of fairness, integrity, responsiveness, service and teamwork,” the Authority stated.

Meanwhile, the Ghana Revenue Authority (GRA) recently clarified reports of a dispute with the National Identification Authority (NIA) said to be affecting business at the ports. On August 6, the NIA announced that it had blocked the GRA from using its identity verification system over a GH¢376 million debt owed to the Authority. Reports suggested that the development had disrupted clearance of goods at the ports, leaving importers stranded.

However, the Commissioner-General of the GRA, during an appearance on JoyNews’ PM Express Business Edition on Thursday, August 21, dismissed the claims. He described suggestions that importers were unable to clear their goods due to the Ghana Card dispute as “not an accurate account.”

“What also came out was the negative or incorrect news to say that because NIA has taken that action, people cannot clear their stations. As you speak right now, it is not an accurate account. If you look at the tax administration system today, we have individuals, which we are using the Ghana Card, and businesses which GRA generates by itself. Most of these importers run on a business TIN.”

He stressed that the Authority does not depend solely on the Ghana Card for successful imports. "We don’t rely on the Ghana Card. And therefore it couldn’t have been that if you don’t have your Ghana Card at use, you cannot import,” he assured, adding that importers can continue their businesses without distractions. “So I want to use this medium to assure all importers that one, that is not the situation. We have not had a single complaint from any importer,” he emphasised.

He further assured that the GRA was working with the NIA to resolve the matter. “As far as the demand for debt is concerned, when I took over, I have from leadership perspective engaged the Director-General of NIA. We met here in the GRA offices, and we discussed the matter, and we agreed that as leaders, we need to look at the issues and resolve them subsequently.

"I’ve also had a conversation with them on how GRA believes the matter should be handled. So for us as GRA, it came as a matter of surprise. The general public should be assured that that is not the situation. And then we are also working with NIA to resolve the matter.”