The Chamber of Freight and Trade (CFT) has revealed that the Office of the Special Prosecutor has erred in its allegation of corruption involving Labianca Company and the Customs Division of the Ghana Revenue Authority.
According to the Chamber, the report is a “clear case of Give a dog a bad name and hang it”. It expressed its belief that both Labianca and the Customs division of GRA acted in accordance to the Laws of Ghana, specifically the Customs Act 2015 (Act 891).
Contained in a statement, signed by the President of the Chamber, Dennis Amfo Sefah, it noted that it is “never out of place or illegal” for any importer for this matter, Labianca Company Limited, to engage Customs after the first three years of operations for “customs advance ruling” under Section 12 of the Customs Act (Act 891).
“We have come across a purported report on investigations carried out by the Office of the Special Prosecutor into alleged corruption and corruption related offences involving Labianca and the Customs Division of The Ghana Revenue Authority in the media space, we are baffled by the contents of the report and are clear in our minds that the OSP got it wrong.”
Chamber of Freight and Trade
The company or their Agents, the Chamber explained, may not have known that there is a provision in the Customs Act that allows for an engagement with Customs for value acceptance within their first three years of operations. It emphasized that this provision in the Customs Act does not in any way “discriminate against any person on condition of their position, religion, status, tribe, colour or creed”, as it is open to every importer and exporter, Ghanaians and foreigners.
“Hence the link of the application of the law to the position of the director and owner of the company is neither here nor there. By law, the Customs Division of the GRA are the only agency mandated for the classification and valuation of Cargo that are imported or exported out of Ghana, Sections 66 and 67 of Act 891 in reference. Importers like Labianca has no hand in the method of valuation and values customs may apply to their cargo at all time.”
Chamber of Freight and Trade
CFT justifies activities of customs
The Chamber explained that over the years, Labianca has been applying to Customs to engage them in “Customs advance ruling under Section 12 of the Customs Act (Act 891)”. Customs, it indicated, has the authority to either accept or reject the applications and write to the company indicating reasons for rejection or acceptance.
“At no point during investigation did the customs division of the GRA state that they approved the application under duress or based on the influence of the director of the company. Hence, it is surprising and factually inaccurate for the OSP to come to the conclusion of influence peddling.”
Chamber of Freight and Trade
It will be recalled that the Office OSP on Monday August 8, 2022, revealed that it has recovered an amount of GHC1.074 million from a company owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh. It expressed that the amount represents a shortfall in import duties paid to the state.
The OSP made the revelation in an investigative report titled: Report of Investigation into Alleged Commission of Corruption and Corruption Related Offences involving Labianca Group of Companies and the Customs Division of the Ghana Revenue Authority’.
Eunice Jacqueline Buah Asomah-Hinneh, also a member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA), has been accused of allegedly using her position to get a favourable decision from the Customs Division of the GRA leading to a reduction in her company’s tax liabilities. The Chamber, however believes that Ms Asomah-Hinneh along with Liabianca company “did not violate the law” in any way.
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