NamRA confiscates 'order with me’ goods
Back at it again
Importing counterfeit goods is prohibited by the Customs and Excise Act.
‘Order with me’ agents are once again crying foul after the Namibia Revenue Agency (NamRA) confiscated counterfeit goods at the airport recently.
Namibian Sun learnt from the agents that customs operations have been undertaken at the Hosea Kutako International Airport, and all goods have been opened and checked. Branded items have been confiscated.
The agents were informed of this development via a text message, which read: “Dear all, the customs operation is ongoing in Namibia airport. All goods will be open and check by custom and the brand goods will be taken. They will check one by one so will take more days. We will update when it finish. Thanks” (sic).
NamRA has often cautioned members of the public to refrain from importing counterfeit goods as their stock could be confiscated as per the Customs and Excise Act.
According to section 123 (1) (b) of the Act, the importation of counterfeit goods is prohibited in Namibia due to copyright infringement and in the interest of protecting society.
Frustrated
Speaking to Namibian Sun, agents – who preferred to remain anonymous – said they have no problem complying with the law, but argued that it should not be applied selectively.
When goods are confiscated, they not only lose income, but also the trust of their customers, they said.
The agents further asked that NamRA issue a warning before confiscating products, as they now have to refund clients.
They also questioned that if goods classified as counterfeit goods means they are manufactured or sold under another brand name without the brand owner’s authorisation, “who in Namibia is unhappy with this?”
“Who is supposed to give this authorisation in the Namibian context?” they questioned.
The agents also complained that only individuals are affected by the operation and not clothing shops, which are alleged to be selling the same quality of items.
Not targeting individuals
NamRA’s chief of strategic communications and support engagements Steven Ndorokaze in May said branded items need authorisation from brand owners. At the time, the agency said no items were being confiscated from Namibians.
Last week, he reiterated that NamRA is not targeting individuals or communities.
He noted that the identification procedures of all suspected Intellectual Property Rights infringements are done in accordance with Article 51 of the suspension of release by customs authorities and the international Trade-Related Aspects of Intellectual Property Rights Agreement.
This agreement requires that authorities, who on reasonable grounds suspect the importation of counterfeit trademark or pirated goods, to notify the brand right holder.
“We are simply enhancing enforcement in our operations, especially at entry points - be it at border posts, ports or airports,” Ndorokaze said.
He further urged anyone with information regarding shops selling counterfeit products to engage NamRa’s offices across the country.
The agency was, however, unable to share how they confirm whether ‘order with me’ products are counterfeit.
Guided by facts
Ndorokaze said NamRA has intensified its taxpayer/trader education countrywide to ensure all participants understand both customs and tax laws to avoid buying or consuming counterfeit goods.
“We must stress that our implementation of the applicable laws has no regard to nationality, but is rather guided by the facts of specific instances,” he said.
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Namibian Sun learnt from the agents that customs operations have been undertaken at the Hosea Kutako International Airport, and all goods have been opened and checked. Branded items have been confiscated.
The agents were informed of this development via a text message, which read: “Dear all, the customs operation is ongoing in Namibia airport. All goods will be open and check by custom and the brand goods will be taken. They will check one by one so will take more days. We will update when it finish. Thanks” (sic).
NamRA has often cautioned members of the public to refrain from importing counterfeit goods as their stock could be confiscated as per the Customs and Excise Act.
According to section 123 (1) (b) of the Act, the importation of counterfeit goods is prohibited in Namibia due to copyright infringement and in the interest of protecting society.
Frustrated
Speaking to Namibian Sun, agents – who preferred to remain anonymous – said they have no problem complying with the law, but argued that it should not be applied selectively.
When goods are confiscated, they not only lose income, but also the trust of their customers, they said.
The agents further asked that NamRA issue a warning before confiscating products, as they now have to refund clients.
They also questioned that if goods classified as counterfeit goods means they are manufactured or sold under another brand name without the brand owner’s authorisation, “who in Namibia is unhappy with this?”
“Who is supposed to give this authorisation in the Namibian context?” they questioned.
The agents also complained that only individuals are affected by the operation and not clothing shops, which are alleged to be selling the same quality of items.
Not targeting individuals
NamRA’s chief of strategic communications and support engagements Steven Ndorokaze in May said branded items need authorisation from brand owners. At the time, the agency said no items were being confiscated from Namibians.
Last week, he reiterated that NamRA is not targeting individuals or communities.
He noted that the identification procedures of all suspected Intellectual Property Rights infringements are done in accordance with Article 51 of the suspension of release by customs authorities and the international Trade-Related Aspects of Intellectual Property Rights Agreement.
This agreement requires that authorities, who on reasonable grounds suspect the importation of counterfeit trademark or pirated goods, to notify the brand right holder.
“We are simply enhancing enforcement in our operations, especially at entry points - be it at border posts, ports or airports,” Ndorokaze said.
He further urged anyone with information regarding shops selling counterfeit products to engage NamRa’s offices across the country.
The agency was, however, unable to share how they confirm whether ‘order with me’ products are counterfeit.
Guided by facts
Ndorokaze said NamRA has intensified its taxpayer/trader education countrywide to ensure all participants understand both customs and tax laws to avoid buying or consuming counterfeit goods.
“We must stress that our implementation of the applicable laws has no regard to nationality, but is rather guided by the facts of specific instances,” he said.
- [email protected]
Comments
John Panpel
Mbue you guys want to make money alone. So selfish & shameless!