Importers take on Customs over auctioning of goods without gazette

A fresh controversy has erupted between the Ghana Revenue Authority (GRA) and the Importers and Exporters Association of Ghana (IEAG) over alleged manipulation of the Uncleared Cargo List (UCL) system and questionable auctioning of goods at the country’s ports.

The IEAG has accused officials of the Customs Division of GRA of deliberately flouting laid-down procedures, reducing the clearance grace period from 60 days to just 21, and handing over consignments of genuine traders to politically connected businessmen through what it describes as “dubious auctions.”

The Legal Background

Under the Customs Act, 2015 (Act 891), imported goods that are not cleared within the stipulated timeframe are subject to forfeiture and possible auction. Section 52 outlines the general rules, while Sections 55, 57 and 59 deal specifically with vehicles and non-perishable goods, granting importers a 60-day grace period to regularize their documentation and clear items before forfeiture.

However, Section 53(3)(a) treats perishable goods differently. It authorizes a “Proper Officer” to dispose of such consignments after 21 days through public auction to prevent spoilage.

This legal distinction has become the focal point of the current impasse.

While Customs insists its actions are rooted in the law, importers argue that officials have been misapplying the “perishable goods” clause to general cargo, thereby circumventing the full 60-day window.

GRA’s Clarification

In a statement issued on August 27, 2025, the GRA rejected the allegations, stressing that it has always operated within the confines of Act 891.

“It is erroneous to indicate that importers have 60 days within which to clear perishable goods. Section 53(3)(a) is explicit that perishable items must be disposed of after 21 days,” the Authority stated.

The GRA further encouraged importers to make use of the pre-arrival clearance system, a trade facilitation tool that allows traders to declare goods and pay duties even before the consignment arrives at the port, thereby avoiding forfeiture.

The Authority reassured the public that it remains committed to fairness, transparency, and adherence to procedure, while urging calm among stakeholders.

Importers Cry Foul

But the IEAG remains unconvinced. According to its Executive Secretary, Samson Asaki Awingobit, the reality at the ports paints a darker picture.

He claims that consignments, including non-perishable goods, are being seized after just 21 days, with importers deliberately frustrated in their clearance attempts until politically exposed buyers are positioned to acquire the goods cheaply at auction.

“These auctions are neither gazetted nor transparent. Genuine traders lose their investments, only for well-connected businessmen to pay service fees of GH₵6,000 to GH₵10,000 and walk away with the cargo. Meanwhile, the original importer is still slapped with demurrage,” Awingobit alleged.