Daily Law Tips (Tip 789) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2020/10/lawreport.jpg")
![image](/2021/04/CaseManager.jpg")
Introduction:
Petroleum products are highly regulated in Nigeria. Unless there is
a valid license from the Federal Government of Nigeria, no person
can trade or deal on petroleum products in any part of Nigeria.
Nigeria’s economy depends on petroleum and the President of Nigeria
is the senior Minister of Petroleum.
![image](/2021/01/payne-alex.jpg")
The Department of Petroleum Resources (DPR) is a federal agency
that regulates the business of dealing on petroleum products in any
part of Nigeria, including its importation or exportation. The DPR
has a guideline on how to obtain license for the importation of
petroleum products into any part of Nigeria. DPR’s guidelines are
mandatory and there is a federal law that criminalizes any dealing
on petroleum without license (including, to deal, package, hawk,
sell or trade on petroleum or petroleum products) and makes it
punishable with life imprisonment.
Below is a checklist showing the requirement for the importation
of petroleum products into any part of Nigeria, as provided by the
Department of Petroleum Resources (DPR) in its “Guideline for the
Importation of Petroleum Products into Nigeria, 2020”. It covers
the conditions for the issuance of the Petroleum Products
Importation Permit and the Administration of Vessel Arrival
Notification and Cargo Discharge at Jetties.
1. Eligibility:
1.1. All companies duly registered under the Corporate Affairs
Commission as providers of goods and services in the downstream
sector of the Nigerian oil and gas Industry are eligible to apply
for Import Permit of Petroleum Products subject to having access to
appropriate Storage Facilities which could be owned or leased from
third parties.
2.Application Method
2.1. Application for Import Permit shall be made through the
designated online portal at impex.dpr.gov.ng or from the DPR
official website at www.dpr.gov.ng.
3. Application Documents
3.1. The following documents shall be uploaded with the application
at the online portal:
a. A copy of the Certificate of Incorporation of the applicant’s
company.
b. A copy of the company Article and Memorandum of Association.
c. A Copy of the current Storage/Sales license issued by the DPR
(where applicable).
d. A Bank reference with committed and explicit statements.
e. Tax Identification Number.
4. Fees
4.1 The following fees payable in respect of an application for
import permit shall be made through the applicable electronic
payment system on the portal:
a. An application fee of Seventy-Five Thousand Naira only
(N75,000.00 / 30 MT) .
b. Processing fee of Two Hundred and Ten Thousand Naira only (N210,
000. 00/Application).
The processes for making these payments are fully described on the
portal.
The following fees payable in respect of an application for import
permit shall be made through the applicable electronic payment
system on the portal:
i. An application fee of Seventy-Five Thousand Naira only
(N75,000.00 / 30 MT) .
ii. Processing fee of Two Hundred and Ten Thousand Naira only
(N210, 000. 00/
Application). The processes for making these payments are fully
described on the portal.
5. Special Notice On Application For Petroleum Product
Import Permit
a. All documents submitted online would be verified and if found
acceptable a permit will be issued to the applicant.
b. Every Import Permit shall have a duration of 90 days from the
date of issue.
c. For every new application for a permit, the permit granted to a
company for a previous importation would be recertified.
d. All imported Petroleum Products must meet the National Quality
Standard specifications as approved by DPR.
e. Each importer of petroleum products shall be required to submit
returns on the previous importation for which permit was issued,
upload copies of all relevant invoices and shipping documents,
before any subsequent application for an Import Permit to be
approved.
f. Such documents to be uploaded on the portal shall include:
* Relevant Invoices.
* Bill of Lading.
* Photocopy of Approved Form “M”.
* Clearance or Import duty payment from Nigeria Customs &
Excise.
* Import Clearance Form duly certified by DPR representative at the
jetty.
* Detail cargo information, such as direct shipment, ship-to-ship,
name of mother vessel, certificate of quality, last port of call
etc.
* A copy of the “Certificate of Quantity” and “Certificate of
Quality” of previous imported and delivered products duly
authenticated by DPR (to be made available (for renewal of import
permit)).
* Evidence of utilization of the quantity of products for which
import permit was previously granted.
6. Vessel Arrival Notification
6.1 Clearance of vessels for discharge at receiving facilities
shall be duly implemented upon the importer notifying the
Department at least 7 days prior to the arrival of the vessel at a
Nigerian Port and providing the following documents at the
designated online portal:
a. There is an evidence of import permit for the product.
b. The imported product has been fiscalised in the presence of a
DPR official.
c. A re-certification analysis of the product composite sample is
conducted in the presence of a DPR official and the result
certified on- spec. A Vessel shall therefore not Discharge until
the Laboratory Re-certification of a Product is conducted.
d. Documents received from the vessel are not in conflict with
those earlier uploaded by importer of the product
e. A Certificate of Quantity will be issued by the DPR
representative that witnessed the discharge based on the shore tank
receipts from the vessel.
7. Product Certification For Forex Returns
7.1 For product certification to importers that utilized CBN funded
FOREX, the following documents must be submitted on online for
processing of product discharge certification letter to CBN.
a. Copy of import permit used for the cargo
b. Bill of lading (Mother/Daughter Vessel)
c. Certificate of Quantity (Mother/Daughter Vessels)
d. Certificate of Quality
e. Letter from financing bank (addressed to DPR)
f. Copy of Form M
g. Invoices (Proforma & Commercial)
h. Letter from Supplier (Addressed to DPR)
i. Sovereign Debt Guarantee(SDG)
j. Vessel Report/clearance form (Issued by DPR)
k. Certificate of Quantity issued by DPR at discharge point
l. Returns on product importation for which permit was granted,
including DPR endorsed copies of trucking records and bank records
of collections.
m. Documents would be verified and if found satisfactory, a Product
certification letter will be issued.
8. Miscellaneous:
8.1 An importer shall be charged an expeditionary fee of One
Hundred & Sixty-Five Thousand only (N165, 000:00) upon any
variation of Vessel arrival from the approved Vessel Arrival Date
Scheduled with the Department of Petroleum Resources.
8.2 The Director of Department of Petroleum Resources shall propose
an appropriate Administrative fee for payment by an importer for
the breach of any Provisions of these Guidelines.
Conclusion:
The license of DPR is needed before any importation of any
petroleum product can be perfected in Nigeria. Petroleum Products
Importation Permit are compulsory for all importers of petroleum
products in Nigeria. The DPR is also in charge of the
Administration of Vessel Arrival Notification and Cargo Discharge
at Jetties. To deal, package, hawk, sell or trade on petroleum or
petroleum products without a valid license from DPR is a criminal
offence (felony) and it punishable with life imprisonment. The
above checklist is important for Petroleum Products Importation
Permit and the Administration of Vessel Arrival Notification and
Cargo Discharge at Jetties in any part of Nigeria.
My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 318 and 319 of the Constitution of
the Federal Republic of Nigeria, 1999.
2. Section 1, 4, 6, 8, 9 and 16 of the Petroleum Act, 1969
3. Section 1(17) of the Miscellaneous Offences Act.
4. Guideline for the Importation of Petroleum Products into
Nigeria, 2020.
5. Onyekachi Umah, “Requirements for Filling/Fuel Stations in
Nigeria” (LearnNigerianLaws.com, 24 April 2021) accused 5 May
2021
6. Onyekachi Umah, “Punishment for Illegal Dealing
on Petroleum Products” (LearnNigerianLaws.com, 8 February
2018) accessed 23 April 2021
7. Onyekachi Umah, “Punishment for Price Increment during COVID-19
Lockdown in Lagos State” (LearnNigerianLaws.com, 13 April 2020)
accessed 23 April 2021
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.
Daily Law Tips (Tip 789) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
Petroleum products are highly regulated in Nigeria. Unless there is
a valid license from the Federal Government of Nigeria, no person
can trade or deal on petroleum products in any part of Nigeria.
Nigeria’s economy depends on petroleum and the President of Nigeria
is the senior Minister of Petroleum.
The Department of Petroleum Resources (DPR) is a federal agency
that regulates the business of dealing on petroleum products in any
part of Nigeria, including its importation or exportation. The DPR
has a guideline on how to obtain license for the importation of
petroleum products into any part of Nigeria. DPR’s guidelines are
mandatory and there is a federal law that criminalizes any dealing
on petroleum without license (including, to deal, package, hawk,
sell or trade on petroleum or petroleum products) and makes it
punishable with life imprisonment.
Below is a checklist showing the requirement for the importation
of petroleum products into any part of Nigeria, as provided by the
Department of Petroleum Resources (DPR) in its “Guideline for the
Importation of Petroleum Products into Nigeria, 2020”. It covers
the conditions for the issuance of the Petroleum Products
Importation Permit and the Administration of Vessel Arrival
Notification and Cargo Discharge at Jetties.
1. Eligibility:
1.1. All companies duly registered under the Corporate Affairs
Commission as providers of goods and services in the downstream
sector of the Nigerian oil and gas Industry are eligible to apply
for Import Permit of Petroleum Products subject to having access to
appropriate Storage Facilities which could be owned or leased from
third parties.
2.Application Method
2.1. Application for Import Permit shall be made through the
designated online portal at impex.dpr.gov.ng or from the DPR
official website at www.dpr.gov.ng.
3. Application Documents
3.1. The following documents shall be uploaded with the application
at the online portal:
a. A copy of the Certificate of Incorporation of the applicant’s
company.
b. A copy of the company Article and Memorandum of Association.
c. A Copy of the current Storage/Sales license issued by the DPR
(where applicable).
d. A Bank reference with committed and explicit statements.
e. Tax Identification Number.
4. Fees
4.1 The following fees payable in respect of an application for
import permit shall be made through the applicable electronic
payment system on the portal:
a. An application fee of Seventy-Five Thousand Naira only
(N75,000.00 / 30 MT) .
b. Processing fee of Two Hundred and Ten Thousand Naira only (N210,
000. 00/Application).
The processes for making these payments are fully described on the
portal.
The following fees payable in respect of an application for import
permit shall be made through the applicable electronic payment
system on the portal:
i. An application fee of Seventy-Five Thousand Naira only
(N75,000.00 / 30 MT) .
ii. Processing fee of Two Hundred and Ten Thousand Naira only
(N210, 000. 00/
Application). The processes for making these payments are fully
described on the portal.
5. Special Notice On Application For Petroleum Product
Import Permit
a. All documents submitted online would be verified and if found
acceptable a permit will be issued to the applicant.
b. Every Import Permit shall have a duration of 90 days from the
date of issue.
c. For every new application for a permit, the permit granted to a
company for a previous importation would be recertified.
d. All imported Petroleum Products must meet the National Quality
Standard specifications as approved by DPR.
e. Each importer of petroleum products shall be required to submit
returns on the previous importation for which permit was issued,
upload copies of all relevant invoices and shipping documents,
before any subsequent application for an Import Permit to be
approved.
f. Such documents to be uploaded on the portal shall include:
* Relevant Invoices.
* Bill of Lading.
* Photocopy of Approved Form “M”.
* Clearance or Import duty payment from Nigeria Customs &
Excise.
* Import Clearance Form duly certified by DPR representative at the
jetty.
* Detail cargo information, such as direct shipment, ship-to-ship,
name of mother vessel, certificate of quality, last port of call
etc.
* A copy of the “Certificate of Quantity” and “Certificate of
Quality” of previous imported and delivered products duly
authenticated by DPR (to be made available (for renewal of import
permit)).
* Evidence of utilization of the quantity of products for which
import permit was previously granted.
6. Vessel Arrival Notification
6.1 Clearance of vessels for discharge at receiving facilities
shall be duly implemented upon the importer notifying the
Department at least 7 days prior to the arrival of the vessel at a
Nigerian Port and providing the following documents at the
designated online portal:
a. There is an evidence of import permit for the product.
b. The imported product has been fiscalised in the presence of a
DPR official.
c. A re-certification analysis of the product composite sample is
conducted in the presence of a DPR official and the result
certified on- spec. A Vessel shall therefore not Discharge until
the Laboratory Re-certification of a Product is conducted.
d. Documents received from the vessel are not in conflict with
those earlier uploaded by importer of the product
e. A Certificate of Quantity will be issued by the DPR
representative that witnessed the discharge based on the shore tank
receipts from the vessel.
7. Product Certification For Forex Returns
7.1 For product certification to importers that utilized CBN funded
FOREX, the following documents must be submitted on online for
processing of product discharge certification letter to CBN.
a. Copy of import permit used for the cargo
b. Bill of lading (Mother/Daughter Vessel)
c. Certificate of Quantity (Mother/Daughter Vessels)
d. Certificate of Quality
e. Letter from financing bank (addressed to DPR)
f. Copy of Form M
g. Invoices (Proforma & Commercial)
h. Letter from Supplier (Addressed to DPR)
i. Sovereign Debt Guarantee(SDG)
j. Vessel Report/clearance form (Issued by DPR)
k. Certificate of Quantity issued by DPR at discharge point
l. Returns on product importation for which permit was granted,
including DPR endorsed copies of trucking records and bank records
of collections.
m. Documents would be verified and if found satisfactory, a Product
certification letter will be issued.
8. Miscellaneous:
8.1 An importer shall be charged an expeditionary fee of One
Hundred & Sixty-Five Thousand only (N165, 000:00) upon any
variation of Vessel arrival from the approved Vessel Arrival Date
Scheduled with the Department of Petroleum Resources.
8.2 The Director of Department of Petroleum Resources shall propose
an appropriate Administrative fee for payment by an importer for
the breach of any Provisions of these Guidelines.
Conclusion:
The license of DPR is needed before any importation of any
petroleum product can be perfected in Nigeria. Petroleum Products
Importation Permit are compulsory for all importers of petroleum
products in Nigeria. The DPR is also in charge of the
Administration of Vessel Arrival Notification and Cargo Discharge
at Jetties. To deal, package, hawk, sell or trade on petroleum or
petroleum products without a valid license from DPR is a criminal
offence (felony) and it punishable with life imprisonment. The
above checklist is important for Petroleum Products Importation
Permit and the Administration of Vessel Arrival Notification and
Cargo Discharge at Jetties in any part of Nigeria.
My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 318 and 319 of the Constitution of
the Federal Republic of Nigeria, 1999.
2. Section 1, 4, 6, 8, 9 and 16 of the Petroleum Act, 1969
3. Section 1(17) of the Miscellaneous Offences Act.
4. Guideline for the Importation of Petroleum Products into
Nigeria, 2020.
5. Onyekachi Umah, “Requirements for Filling/Fuel Stations in
Nigeria” (LearnNigerianLaws.com, 24 April 2021) accused 5 May
2021
6. Onyekachi Umah, “Punishment for Illegal Dealing
on Petroleum Products” (LearnNigerianLaws.com, 8 February
2018) accessed 23 April 2021
7. Onyekachi Umah, “Punishment for Price Increment during COVID-19
Lockdown in Lagos State” (LearnNigerianLaws.com, 13 April 2020)
accessed 23 April 2021
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.