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The Joint Apparel Association Forum (JAAF) said yesterday it is perturbed to learn that the Government is planning to withdraw Gazette No. 2041/10 dated 17 October 2017 of the Licensing of Shipping Agents, Freight Forwarders, Non-Vessel Operating Common Carriers and Container Operators Act No. 10 of 1972, which has been protecting importers and exporters from anti-competitive practices of service providers for many years.
Gazette No. 2041/10 which is the amended Gazette No. 1842/16 of 27 October 2013 reconfirmed four cardinal principles to protect both importers and exporters from service providers who may charge exorbitant fees in addition to freight for the carriage of goods.
The four principles of the Gazette that upheld free market values were:
Gazette No. 1842/16 dated 27 October 2013 was further enhanced by Gazette No. 2041/10 to strengthen the role of Director General, Merchant Shipping (DGMS) for the effective implementation of setting only a Delivery Order fee outside the freight cost.
However, to the dismay of all importers and exporters of the country, including the apparel industry represented by JAAF and the Sri Lanka Manufacturers and Exporters of Rubber Products (SLAMERP), the Ports Minister issued the new Gazette No. 2302/24 of 20 October 2022 introducing a maximum delivery order fee and new additional charges of $ 8/Cubic Meter under a broader category of a “cost recovery charge”. Thus, contravening the cardinal principles and protections guaranteed to Sri Lankan importers and exporters, curtailing economic activity and driving up the costs of all purchases.
The entire import and export industry, including JAAF, vehemently objected to the regulations introduced under Gazette No. 2302/24. Our opposition to the newly published Gazette is based on the following reasons:
1.)The Gazette violates the core principle of all-inclusive freight cost that requires the contracting party to bear the full cost of such freight
2.)The Gazette permits freight forwards and shipping agents to charge fees from third parties who are not party to the original contract
3.)New additional charges will undoubtedly increase the cost of freight, for both imports and exports, which will lead to higher costs of living for the public, and reduce the competitiveness of exports, at a time when export growth is crucial to the recovery of the economy
Moreover, to the further dismay of importers and exporters, on 5 January 2023, the Minister tabled a supplement in Parliament to amend the Licensing of Shipping Agents Act No. 10 of 1972 to allow himself the authority to set Delivery Order and other fees, whereas the previous Gazette demanded the service providers to obtain the approval of DGMS to do so.
The new regulations under Gazette No. 2302/24 allow the Minister to fix charges on transactions between private parties. By taking over the powers to himself of punitively fixing charges – at his own will. Rather than be a regulator to protect the weaker party in the absence of equal bargaining power, should the stronger party win the confidence of the Minister, the weaker party can be crushed.
While JAAF commends the Minister’s promise on 13 January 2023 to withdraw Gazette No. 2302/24 of 20 October 2022, the industry is alarmed to learn that the Ministry Secretariat is planning to withdraw Gazette No .2041/10 of 17 October 2017 as well.
This original piece of legislation carries the globally accepted cardinal principles of markets, shipping, and trading. These principles are reflected in the President’s vision for the country to follow a path of a Social Market Economy and removal would prove to have very serious consequences for the country.
JAAF would like to reiterate that globally accepted market-friendly legislation should not be overlooked or withdrawn without reason solely based on the urging and request of a few service providers and at the expense of industries that contribute to the country’s GDP and critical foreign exchange earnings.
This move will subject all industries to punitive charges making all export sectors uncompetitive, leading to a loss of orders (which is already at a 25-30% year-over-year dip), dampening investor confidence and creating a negative business environment for local entrepreneurs. Most importantly, this move will increase costs to importers, adding to the already unbearable cost of living.
Therefore, JAAF urges the Government to protect and uphold the Gazette No. 2041/10 dated 17 October 2017 of the Licensing of Shipping Agents, Freight Forwarders, Non-Vessel Operating Common Carriers and Container Operators Act No. 10 of 1972, in the interest of importers, exporters and the citizens at large.