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News
Customs DG admits to not seeing duty waivers issued to YDE
By Lamin Dibba
Jan 14, 2004, 10:46



The economic crimes trial involving Baba Jobe, Baba Kanteh and Youth
Development Enterprise continued yesterday with the defence counsel led by
Lawyer Lamin Jobarteh, cross-examining the Customs & Excise director-
general, Momodou Kabba Tambajang.

Lawyer Jobarteh tendered in the court a duty waiver document from the then
secretary of state for Finance and Economic Affairs and asked Mr Tambajang
whether he had seen any duty waiver during their investigations in the case
of YDE.

Mr Tambajang replied, “I have not come across it.” Mr Jobarteh then gave Mr
Tambajang one of the letters, dated 13 November 2002 titled duty waiver. It
read: “I am directed by the SoS for Finance that duty waiver is provided to
YDE for the consignment of 18,000 tons of rice and 5,000 tons of sugar.” It
was signed for SoS Finance.
Another duty waiver dated 15 November 2003 was also given to Mr Tambajang
for delivery of goods belonging to YDE of 50 containers of cooking oil
purchased from Belgium, approved for by the SoS for Finance.

Asked by Lawyer Jobarteh if they had calculated or taken into account the
18,000 tons and 5,000 tons of rice and sugar from the D73 million debt
Customs is claiming from YDE, Mr Tambajang said, “At that time, if this was
submitted, the duty and sales tax would have been waived but there is
another internal tax which is called a processing tax, Ecowas tax 1.5 per
cent and 0.5 per cent respectively, but if we had received the amount, it
would not have reached D73 million or it would not have any duty at all.”

Asked again if he can explain to the court why the duty waiver documents
were not in the file of the YDE at Customs, Mr Tambajang said, “I cannot
answer that.” Asked by Mr Jobarteh if he would be surprised that YDE has
several tons of duty waiver, Mr Tambajang said “I cannot tell because it
was not handed over to me.”

Documents were then given to him and he confirmed that they were duty
waiver documents. The duty waiver documents were tendered in court and
marked as exhibits. Mr Tambajang further revealed that his predecessor had
handed over to him a file on the activities of the YDE but, “I for one have
not come across any file that was submitted to my office apart from those
handed over to me.“

When further asked by Lawyer Jobarteh whether it was correct that before a
direct delivery is made the importer has to write a formal application and
address it to the director-general of Customs, Mr Tambajang said, “Under
normal circumstances, this is the normal procedure that should have
happened”.

Mr Jambajang further revealed that it was correct that there is always a
reconciliation of arrears for the importer to send applications to the
director-general before approval is made, noting that one importer cannot
be subjected to approval before payment is made. He said Customs was
dealing directly with the YDE as far as this case was concerned.

Jobarteh then show him exhibit Y and asked him to read it to the court.
Reading the letter, Mr Tambajang said: “The letter is from President’s
Office, Muammar Ghaddafi Avenue.”
Asked if it was addressed to the YDE, he answered in the negative, noting
that the letter was in application of direct delivery of three tractors,
four rolls of carpets, pending the approval of duty waivers and was signed
by Kuru Kongira.

He added that YDE does not deal with those type of materials in their
business.
The hearing continues today.

© Copyright 2003 by Observer Company

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