Customs trade unions oppose changes to Customs Ordinance
The Finance Ministry has decided to amend a number of sections of the Sri Lanka Customs Ordinance.
The Customs Trade Union Alliance is opposing the move that will curtail the powers of customs officials.
The Sunday Times learns that a copy of the draft amendments prepared by the Ministry has been sent to the Customs Director General.
Following this, a letter was sent by the Union on April 4, to State Minister of Finance Ranjith Siyambalapitiya requesting that the amendments to the Customs Ordinance be withdrawn immediately.
This letter has been signed by all customs officers’ trade unions, including the Customs Staff Officers Association, the Senior Customs Supervisors Association, and the Customs Officers’ Association.
The letter states that, if arrangements are not made immediately to withdraw the new amendments, which they claim are harmful to the Sri Lanka Customs national revenue and the general public, every possible trade union action will be taken against them.
The letter has found fault with the State Minister that the agreement he arrived at with trade unions that amendments to the Ordinance will be incorporated only subsequent to discussions with officers has been violated.
An officer of the Customs Staff Officers’ Association told the Sunday Times that the amendments to decisive clauses of the Ordinance will bring about a disservice to the duties of customs officers, to the tax revenue of the government, and to the general public.
“The government of good governance, which existed previously, had annulled the Foreign Exchange Control Act and adopted a Foreign Exchange Act that created relaxed policies, and these had halted the scope for regulating foreign exchange in this country, and all of us are having to suffer its consequences as of today. In that way, through these so-called amendments, which are being submitted without a proper study, we have realised what is expected by the political authorities, including the family of corrupt officials behind this, by submitting such foolish amendments without taking into consideration what our alliance pointed out in relation to the harmful impact that could affect the economy of this country,” This is mentioned in the letter to the State Minister by the Union.
During an inquiry conducted by Sri Lanka Customs of a fraudulent importer, if they are found guilty, the investigating officer can impose a penalty, and the authority to mitigate that penalty has been assigned to the Customs Director General under Section 163 of the Customs Ordinance. Further, the penalty that will be mitigated by the Customs Director General under Section 163 can finally be mitigated again under Section 164 by the Minister of Finance who has been assigned the authority to do so.
However, these powers under the new amendments have been assigned to a Board of Appeal.
Either a retired Supreme Court, Appeal Court or High Court judge will be appointed as the Chairman of this Board, and the remaining two will comprise “two persons who are conversant in matters relating to customs procedures and legal practices, have achieved eminence in the field of trade, business, or finance, have had experience at a senior managerial level in the public or private sector, and are of good standing and repute." This was included in the draft amendments.
Trade unions allege that by naming two persons in “Trade” as members of the Board of Appeal, it seriously challenges the rule of natural justice.
Under the new amendments, the Customs Officers Management and Welfare Fund has been renamed Management of Customs.
Officers pointed out that this has created a problem in the payment of compensation for accidents or deaths while officers are on duty.
Also, if a Customs Officer acts in bad faith, new amendments have been included on how he can be disciplined.
“All government officers are disciplined through the establishment code. So why propose something like this in order to punish only customs officers?” they question.
State Minister Ranjith Siyambalapitiya said the amendments are still in the draft stage, and he cannot comment on them. He said all stakeholders would be consulted on the matter.