End User Certificate for restricted goods & controlled items in Nigeria

Introduction.

‘EUC’ is an acronym for End User Certificate.

EUC is an official document used when importing restricted products and controlled goods into Nigeria. Some websites gave the meaning of EUC with the inclusion of the two phrases ‘restricted products’ and ‘controlled goods’, while some used just one of the phrases. The phrase restricted product is broad and it encompasses both controlled items and other items such as soaps, detergents, cocoa butter, powder and cakes. Tomatoes, fruit juice in retail packs, spaghetti, noodles, live/dead/frozen poultry, pork, beef, agricultural produce and etc. All these are merely restricted by the Nigeria customs but are not regarded as controlled items.

But, for the purpose of this article, the generally accepted definition which is contained in the End User Certificate portal which as regulated and supervised by the office of national security adviser, defines EUC as an undertaking by a purchaser/importer that any of the controlled items/ products covered by the process, transferred from the exporting country is for the sole and lawful use within Nigeria and the controlled items/ products are not destined for transfer or re-export to any other entity or country, without the prior written consent of the issuing authority, the office of the national security adviser

This means that any one importing or exporting this controlled item must have an end user certificate, it therefore the buyer certifies that it’s use is lawful within Nigeria and he (the buyer) Is the final recipient of the materials and does not plan on making any subsequent transfers of such materials to another. The essence of this by the federal government is to restrict the flow of such dangerous materials to the public and undesired destinations, undesired locations such as rebel groups, government with bad human right records or states which are considered as a threat.

What are Controlled goods?

Controlled goods are basically goods including components and technical data that have military or national security significance, which are controlled domestically by the government. In summary, controlled goods according to the office of the National security adviser are: Military hardware

Cash equipment

Chemicals

Remotely piloted aircraft

Uniforms and accoutrements

Lawful intercept equipment’s

Treated vehicles

Simulation equipment’s

Explosive and explosive devices

Broadcast equipment

Fire works

Arms and ammunition’s

Private security gadgets

Fertilizers

Other items which the exporting country require and end user certificate irrespective of the items listed above. These are therefore the items that qualify for the issuance of the end user certificate.

Who to make an application to?

To make an application for the EUC in Nigeria, a person or it’s agent must make an application directly to the office of the National security adviser with all documents related to the products you want to import and you company’s registration documents in case of a company.

How to make an application for EUC.

A web portal has been created by the office of the National security adviser which is intended to give access to members of the Nigeria public to apply for the certificate, making the process very easy and efficient. The applicant must have a valid means of identification, email address and a phone number

The applicant must also be willing to provide other biometric information in order to complete the profiling on the EUC portal.

If the applicant is applying for a sole purpose:

Create an account in the EUC portal by filling the sign-up form, Apply for EUC by logging into the portal and providing the required information, Wait for notification (approval/disapproval)

Then collect the EUC at the office of NS A.

If the applicant is belonging to the government ministry, or department or agency, embassy or military organizations:

The end user certificate issuance and management system (ECIMS) is intended to grant it access for the acquisition or use of the EUC controlled items and products within Nigeria.

Communication of intention must in writing and must be made to the office of National security adviser (ONSA). In your communication, a nomination of 2 persons who are personnel of your organization must be provided. These persons must be seniors’ management personnel if you are an organization. A duly signed authorization letter from the organization which is addressed to End user certificate unit

Office of the national security adviser

The presidency

The federal republic of Nigeria

The representatives must also provide, a valid means if identification, provide a resent passport. Provide a specimen signature and a dedicated phone number and email address.

Now once it is approved and profiled. The representatives will be provided with access credentials to log into the ECIMS portal and apply for the EUC.

In line with the guidelines provided above for the application of the certificate, there are also other guidelines which must be complied with for procuring each controlled goods listed above. Military Hardware.

D.I ABDULLAHI, OFR, former comptroller -general of customs issued a public notice on the mandatory requirement of end user certificate for the importation of armored vehicle into Nigeria and all defense related importations into Nigeria.

Other supporting documents

  • Letter of contract award
  • Letter of acceptance
  • Performa invoice
  • Detailed specification of goods
  • Bill of laden
  • Packing list
  • Certificate of incorporation
  • Articles and memorandum of incorporation
  • Company director’s profile
  • Vendor identification details
  • Current tac clearance
  • Form M from the central bank of Nigeria (CBN)

Cash equipment

Other supporting documents

  • Approval letter from CBN
  • Letter of introduction from acquirer
  • Letter of contract award
  • Financial sector operator license
  • Detailed specification of goods
  • Certificate of incorporation
  • Packing list (not mandatory)
  • Articles and memorandums of incorporation
  • Company directors profile
  • Vendor identification Id
  • VAT certificate.

Chemicals

The ministry of mines and solid materials, ministry of agriculture and NAFDAC are responsible for licensing importers of chemicals while specific request for EUC will be forwarded to the concerned ministries

Application for the import of chemicals must state the location in Nigeria where the items will be used, details of sales, list of customers for one year, vehicle particulars, driver license and picture of the driver These are the details of the vendor.

Other supporting documents.

  • NAFDAC permit
  • NAFDAC permit
  • Qualified Technical Officer Details (Valid Identification & License) (corporation)
  • Letter of Award (if procuring for an organization)
  • Proforma Invoice
  • Detailed Specification of Goods
  • Storage & Disposal Details
  • Certificate of Incorporation (corporation)
  • Articles/Memorandum of Association (corporation)
  • Company’s Director’s Profile
  • Current Tax Clearance
  • Bill of Laden (Not mandatory)
  • Packing List (Not mandatory)

Uniforms and Accoutrements

Other Supporting documents.

  • Detailed Specification of goods
  • Certificate of Incorporation
  • Articles & Memorandum of Incorporation
  • Company Director’s Profile
  • Vendor Identification details
  • VAT Certificate
  • Current Tax Clearance
  • Covering Letter from End-User Agency

Treated vehicles.

Other supporting documents

  • NPF Permit (Has Expiry Date)
  • Technical Officer Details (Valid Identification & License) (corporation)
  • Letter of Award
  • Proforma Invoice
  • Detailed Specification of Goods
  • Certificate of Incorporation (corporation)
  • Articles/Memorandum of Association (corporation)
  • Company’s Director’s Profile
  • Current Tax Clearance
  • Bill of Laden (Mandatory)
  • Packing List (Not mandatory)

Explosives and explosive devices.

  • Certificate of Incorporation
  • Articles & Memorandum of Associationn
  • Form CO7
  • Tax Clearance
  • FIRS Certificate
  • Proforma Invoice
  • Form M from CBN
  • Bill of Laden or Airway Bill
  • Packing List (not mandatory)
  • Certificate of Analysis (not mandatory)
  • Permit to Import Explosives (Received from Ministry of Mines & Steel Dev.)
  • License to Sell Explosives (Received from Ministry of Mines & Steel Dev.)
  • Last 1 YearEUCs
  • Magazine Licenses
  • Transporter & Vehicle Particulars
  • Distribution Network of Previous Importation – beneficiaries & stock balances
  • Approved Responsible Officer (ARO) Identification & Licenses

Chemical Used for Explosives.

The same conditions for the importation of chemicals applies to explosives.

Fireworks.

Permits to import explosives and fireworks must be obtained from the relevant government agencies as EUCs for these items cannot be issued without such permits. For military purposes, request for explosives must be made by the relevant military authorities who are the end users. The Ministry of Mines and Solid Minerals is responsible for issuing licenses for explosives meant for use by construction companies. EUC will only be granted at special request.

Other Document requirement.

  • NPF Permit (Has Expiry Date)
  • Technical Officer Details (Valid Identification & License) (corporation)
  • Letter of Award
  • Proforma Invoice
  • Detailed Specification of Goods
  • Certificate of Incorporation (corporation)
  • Articles/Memorandum of Association (corporation)
  • Company’s Director’s Profile
  • Current Tax Clearance
  • Bill of Laden (Not mandatory
  • Packing List (Not mandatory)

Importation of Ammonium Nitrate, (explosives)

Ammonium Nitrate has been classified as an explosive component. This is based on confirmation of its extensive use by insurgent groups in the explosives production chain. This confirmation was made by a Technical Committee on Control of Explosives, Accessories and Ammonium Nitrate; of which Nigeria Customs Service (NCS) was represented. This classification implies that Ammonium Nitrate is not allowed to be imported either as chemical or fertilizer, but can be imported as explosives provided all the updated guidelines on the issuance of End User Certificates (EUC) for explosives and accessories are followed.

There are therefore only few kinds of fertilizers that can be imported to Nigeria.

Arms and ammunition

End-User-Certificate (EUC) requests for arms and ammunition must be made by approved security agencies on behalf of themselves or their qualified vendors. In line with international best practices EUCs for arms and ammunition are to be obtained before the shipment of the items from the originating country. These conditions equally apply for parts and accessories of all military armaments and hardware.

Other document requirement

  • NPF Permit (Obtained from Nigerian Police Force)
  • Proforma Invoice
  • Detailed Specification of Goods
  • Certificate of Incorporation (corporation)
  • Articles/Memorandum of Association (corporation)
  • Company’s Director’s Profile
  • Current Tax Clearance
  • Bill of Laden (Not mandatory)
  • Packing List (Not mandatory)

Fertilizer.

Ammonium Nitrate is not allowed to be imported either as chemical or fertilizer, but can be imported as explosives provided all the updated guidelines on the issuance of End User Certificates (EUC) for explosives and accessories are followed.

Other documents requirements

• NAFDAC Permit (Has Expiry Date)

  • Application Letter from Ministry of Agriculture
  • Qualified Technical Officer Details (Valid Identification & License) (corporation)
  • Letter of Award (if procuring for an organization)
  • Proforma Invoice
  • Detailed Specification of Goods
  • Storage & Disposal Details
  • Certificate of Incorporation (corporation)
  • Articles/Memorandum of Association (corporation)
  • Company’s Director’s Profile
  • Current Tax Clearance
  • Bill of Laden (Not mandatory)
  • Packing List (Not mandatory)

Telecommunication equipment

Other Supporting documents

  • Type Approval Certificate or Grant
  • Letter of Contract Award (Not Mandatory)
  • Letter of Acceptance (Not Mandatory)
  • Proforma Invoice
  • Detailed specification of goods
  • Bill of Laden
  • Packing List
  • Certificate of Incorporation
  • Articles & Memorandum of Incorporation
  • Company Director’s Profile
  • Vendor Identification details
  • VAT Certificate
  • Current Tax Clearance
  • Form M from the Central Bank of Nigeria (CBN)

Who can apply for an EUC?

Any importer, exporter, manufacturer can apply for the certificate. But upon issuance of the certificate, in the absence of the original applicant, a representee or agent can collect the certificate but a letter of authorization from the original applicant and duly signed must be provided by him

When to make an application and validity of an EUC

An application for an EUC certificate must be made prior to the day of the importation of the controlled items to avoid seizure by the Nigeria custom service. The end user certificate is only valid for one year from the date it is issued to the importer This means that the certificate is revoked after a year. Question of whether the certificate was used for importation before the expiration date is not relevant.

ABBREVIATION

EUC- end user certificate

ECIMS- end user certificate issuance management system

ONSA- office of the national security adviser

NPF- Nigeria police force

CBN- central bank of Nigeria

NAFDAC- national agency for food, drug, administration and control.

NCS- Nigeria custom service.

TCCEAAN- technical committee on control of explosives, accessories and ammonium nitrate

REFERENCES

Tidbits on obtaining an end user certificate in Nigeria by blackwood stone law firm

laws-lois.justice.gc.ca

https://portway.ng/end-user-certificate-euc-who-issues-it-plus-items-that-requires-euc-in-nigeria/ https://en.wikipedia.org/wiki/End-user certificate https://web2.customs.gov.ng/wp-

content/uploads/2019/07/PUBLIC_NOTICE_ON_END_USER_CERTIFICATE.pdf

https://www.cotecna.com/en/media/news/what-is-euc

This article is by no means exhaustive, for legal advice and guidance on how to process EUC certificates in Nigeria, please contact us at starlionlegal@yahoo.com or call 07057663782

Written by Agwu onyinyechi thelma

For: Starlion Legal

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