'In a large measure, it seeks to usurp and duplicate existing laws,' Mr Amanor pointed out.

The freight forwarders noted that 'it is also our position that a single regulatory body for the entire maritime industry in this case, the Ghana Maritime Authority, is more preferable compared to the parallel authorities; we have (GMA and GSA) which lead to duplicity of functions and waste of public resource.'

Under the Ghana Shippers' Authority law, the authority requires the power to levy $2 per ton and GH¢5 per entry on every document except personal effects processed through Ghana Customs.

'This is the only part of their law where it has performed effectively since the collapse of the conference that abolished cargo sharing in the early 1980s.'

According to them, for 2010 alone, the GSA realised a total amount of $15.8 million dollars based on a total cargo volume of 7.9 million tons.

'This money does not include monies realised from the GH¢5 per declaration charged by the authority. Who benefits from these collections?

'Presently, the $2 per ton is shared equally among the two institutions with GSA collecting additional GH¢5 per customs entry and still seeking to collect €25 per bill of lading if this regulation is passed. They have separate managements and separate boards of directors, an integration of the two authorities will be most effective.'

The freight forwarders underscored: 'There is no denying the fact that every buyer in a free market has the freedom to negotiate their price. Under the proposed Ghana Shippers' Authority law, it is the authority that has arrogated to itself the power to negotiate service charges for shippers with the aim of protecting the shipper.'

'This shameful proposal by the GSA is clearly an exploitation of the already cost drained and disenfranchised Ghanaian shipper. The GCNET provides a free window for cargo tracking, the very service GSA seeks to charge for.'

They described the move as a major indictment on the economic rights of shippers, adding, are they taking the right to negotiate from the individual shippers. It is very obvious that the shippers' authority has no idea of the practical difficulties of the regulations it has proposed.

'Freight forwarding is an international business and charges for services could be concluded outside the country with a principal located outside the country, or could be governed by contractual stipulations that expressly exclude third parties like the shippers' authority in the negotiation of charges. There may be confidentiality, or non-disclosure clauses that expressly exclude third parties from any involvement in the negotiation of charges.'

The freight forwarders called on the Ministry of Transport to explain why a meeting between the GMA and shipping stakeholders sometime in 2009 was called off at the last minute.

They said since that time all decisions that have been taken on shipping have been on the blind side of practitioners despite an LI that mandates such meetings.

By Samuel Boadi
 
 
 
 

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