News
FG Imposes Tax on Tech Devices, Others
The federal government yesterday granted the Nigerian Copyright Commission (NCC) approval to impose levy on materials capable of being used for copyright infringement in a bid to compensate right owners for the loss that they would obviously suffer from the illicit copying of their works.
But there is something strange about that levy to compensate the victims of a supposed “crime” because in simple language it is a tax on blank media that is supposed to compensate copyright holders for a supposed “loss” from copies made for personal use.
Imagine a levy on devices like photocopying machines, MP3 players, digital juke box, mobile phones, CD recorders, DVD recorders, Blu Ray recorders, computer external hard drives, analogue audio recorders, analogue video recorders, personal computers, printing plates, printers/printing machines, radio/TV Sets enabling recording, camcorders and decoders/signal receivers.
Mr. Mohammed Bello Adoke, attorney-general of the federation and minister of Justice who issued the approval said thatthe Copyright (Levy of Materials) Order 2012, permits the implementation of a regime of levy on some materials capable of being used to infringe copyright.
Adoke said that this was granted in accordance with the provisions of Section 40 of the Copyright Act, Cap C28, Laws of the Federation of Nigeria, 2004.
The section empowers the Attorney-General of the Federation to make an order to be published in the official gazette of the Federal republic of Nigeria regarding the payment of levy in respect of any material used or capable of being used to infringe copyright in a work
The approval, conveyed to Mr. Afam Ezekude, director-general of the Nigerian Copyright Commission (NCC), in a letter reference, NCRC/DSD/10/I dated November 15, 2012, allows the Commission to issue the Copyright (Levy of Materials) Order 2012 by publication of same in the official gazette.
Ezekude indicated that the materials regulated by the levy imposed by the new Copyright Order include storage media like audio cassettes, mini discs, CDs, DVDs, Blu-ray, SD memory cards, video cassettes, USB flash drives, I-Pods and photocopying paper.
Others are equipment and devices like photocopying machines, MP3 players, digital juke box, mobile phones, CD recorders, DVD recorders, Blu Ray recorders, computer external hard drives, analogue audio recorders, analogue video recorders, personal computers, printing plates, printers/printing machines, Radio/TV Sets enabling recording, camcorders and decoders/signal receivers.
According to him, the proceeds of the levy would be payable to a special fund to be created by the Commission in line with Section 40(3) of the Copyright Act.
“The Commission is expected to disburse the funds to beneficiaries who are essentially approved collective management organisations (CMOs) subject to retaining 10 per cent of the collected levy for administrative purposes of agencies that would be involved in the implementation of the scheme”, he stated, adding, “The Order also permits the Commission to retain 20 per cent of the fund for anti-piracy purposes; and 10 per cent for promotion of creativity”, he stated.
The director-general noted that the compulsory levy provision was one of the pro-author provisions of the Nigerian Copyright Act, aimed at controlling acts of piracy and copyright abuses such as excessive photocopying and unauthorised reproduction of copyright works being carried out in circumstances that could not be subjected to voluntary licensing by right owners but which activities undermined the legitimate interests of copyright owners.
Ezekude observed that the lot of Nigerian copyright owners has been adversely affected, particularly with the advent of more advanced reproduction technologies which facilitate illicit copying either for commercial exploitation or for unauthorised private use, thereby denying copyright industries and the nation the benefit of maximizing the revenue derivable from these sectors.
“The new Copyright Levy Order is thus informed by the need to compensate right owners for the loss that they would obviously suffer from the illicit copying of their works, and to maintain an acceptable international standard of protection that would ensure the betterment of the lot of authors,” he stated.
“In order to address concerns of legitimate users of materials which are subject to the levy, and other activities which may not undermine the interest of authors, the new Levy Order provides for the Minister (in this case, the Honourable Attorney-General of the Federation) to exempt any class of materials from the payment of any levy. In addition to such exemption, the levy payable under the new Order does not apply to materials manufactured in Nigeria for purposes of export. Similarly, Institutions that represent persons with disability as may be approved by the Minister are also exempted from payment of the levy”, he added.
The director-general who pointed out that the new copyright Order received inputs of relevant stakeholders in the copyright industries, called on copyright stakeholders and relevant agencies of government to partner with the Commission to actualise the new levy Order.
He assured that as Nigeria was being repositioned to reap the gains of the new transformation agenda, through the proposed reform of the Copyright system recently launched by the Commission, the implementation of the Order would strengthen the economic position of creators, encourage investment, generate revenue for government, discourage piracy and other abuses as well as provide incentive for more creativity.
The approval is coming as most governments around the world are rethinking the copyright levy system because of its controversial nature and some are already replacing it with new system of payment of copyright levies that are charged to the government’s general budget.
The amounts paid as compensation are determined taking into account the harm caused to the author.
The Export-Import Bank of the United States (EXIM) has signed a memorandum of understanding (MOU) with the Nigerian Export-Import Bank (NEXIM) that will deepen collaboration and trade ties between the United States and Nigeria.
The agreement was signed by Exim President and Chair, Reta Jo Lewis, on behalf of Export Import Bank of United states, while Abba Bello, Managing Director/ Chief Executive of NEXIM signed on behalf of the Nigerian Export-Import Bank.
During the signing ceremony, EXIM President and Chair, Reta Jo Lewis, highlights increased opportunities for U.S. exports to Nigeria in critical minerals, clean energy, aviation and infrastructure.
Also, NEXIM MD/CE, Abba Bello, highlights that the partnership is a significant milestone for Nigeria and the US that will provide increased access to trade financing for Nigerian businesses whilst facilitating smoother and more robust mutually beneficial trade flows between the two countries.
The MOU demonstrates a shared desire to identify and promote trade and economic cooperation between the two countries, especially in sectors like clean energy, critical minerals, aviation, maritime transport, digital connectivity, and infrastructure, amongst others.
“Nigeria is the second largest U.S. export destination in Sub-Saharan Africa, but there is so much opportunity to grow,” said Chair Lewis.
“This MOU with NEXIM sends a strong market signal to Nigeria that EXIM is eager to forge a stronger commercial relationship by supporting U.S. exports in key sectors.”
The MD/CE NEXIM in his own remarks noted that, “This collaboration marks a significant milestone in our efforts to strengthen trade ties between Nigeria and the United States.
We are confident that this partnership will open new avenues for economic growth and development”. The MOU, signed virtually marks a significant milestone for the United States and Nigeria.
The MOU will enhance the competitiveness of companies in both nations and strengthen collaboration by exploring options for utilizing EXIM’s medium- and long-term loan guarantees and/or direct loans to finance U.S. exports to Nigeria.
This MOU contributes directly to EXIM’s Sub-Saharan Africa mandate. Over the past three years, EXIM has approved approximately $4 billion of authorizations in support of U.S. exports to sub-Saharan Africa.
The Export-Import Bank of the United States (EXIM) is the nation’s official export credit agency with the mission of supporting American jobs by facilitating U.S. exports.
To advance American competitiveness and assist U.S. businesses as they compete for global sales, EXIM offers financing including credit insurance, working capital guarantees, loan guarantees, and direct loans.
As an independent federal agency, EXIM contributes to U.S. economic growth by supporting tens of thousands of jobs in exporting businesses and their supply chains across the United States.
Economic and Financial Crimes Commission (EFCC) has filed a 13-count charge of N12.3 billion fraud against Chief Oba Otudeko, chairman, Honeywell Group, and Stephen Olabisi Onasanya, the former managing director, First Bank of Nigeria (FBN).
Chief Oba Otudeko, chairman, Honeywell Group, and Stephen Olabisi Onasanya, former managing director, First Bank
The charges were filed at the Federal High Court in Lagos.
They are joined by Soji Akintayo, a former board member of Honeywell, and Anchorage Leisure Limited, a company linked to Otudeko.
The four defendants are accused of orchestrating a fraudulent scheme involving the diversion of N12.3 billion from First Bank, with the fraudulent activities allegedly occurring between 2013 and 2014.
The charges against them include claims that they unlawfully obtained funds in multiple transactions, including N5.2 billion, N6.2 billion, N6.15 billion, N1.5 billion, and N500 million.
These funds were allegedly obtained under the false pretence of credit facilities for V-Tech Dynamic Links Limited and Stallion Nigeria Limited.
The EFCC further alleged that the defendants falsified documents to mislead First Bank into processing these transactions.
In the first charge, the defendants were accused of conspiring to fraudulently obtain N12.3 billion from First Bank, misrepresenting that it was for V-Tech Dynamic Links Limited and Stallion Nigeria Limited, despite knowing the information to be false.
In the second charge, they allegedly obtained N5.2 billion from First Bank on November 26, 2013, by falsely claiming it was for V-Tech Dynamic Links Limited.
Between 2013 and 2014, the defendants are accused of obtaining N6.2 billion from First Bank, falsely claiming it was for Stallion Nigeria Limited.
The EFCC also alleged that, on or about September 3, 2013, the defendants forged documents, including a “Letter of Application” to deceive First Bank into believing that the documents were from V-Tech Dynamic Links Limited.
In a similar manner, they were accused of forging a document titled “Authorization to Issue Investment Certificate to First Bank” with the intent to mislead the bank.
Additionally, the charges included accusations that the defendants procured the transfer of N6.2 billion from Stallion Nigeria Limited’s account at First Bank to conceal fraudulent activities.
On December 11, 2013, the defendants allegedly facilitated a transfer of N2.09 billion from Stallion Nigeria Limited’s account to Emmerado Logistics Limited as part of the fraudulent scheme.
Alos, Chief Otudeko is accused of failing to declare a personal interest in a loan facility of N6.15 billion sought by V-Tech Dynamic Links Limited, in breach of banking regulations.
The charges are based on violations of the Advance Fee Fraud and Other Fraud Related Offences Act 2006, the Miscellaneous Offences Act, the Money Laundering (Prohibition) Act 2011, and the Banks and Other Financial Institutions Act 2004.
The four defendants are expected to face serious legal consequences if found guilty.
The case is set to proceed on January 20, 2025, and could set an important precedent in the fight against financial fraud in Nigeria’s banking sector.
TikTok plans to shut U.S. operations of its social media app used by 170 million Americans on Sunday, when a federal ban is set to take effect, barring a last-minute reprieve, people familiar with the matter said.
The Washington Post reported President-elect Donald Trump, whose term begins a day after a ban would start, is considering issuing an executive order to suspend enforcement of a shutdown for 60 to 90 days. The report did not say how Trump could legally do so.
Users who have downloaded TikTok would theoretically still be able to use the app, except that the law also bars U.S. companies starting Sunday from providing services to enable the distribution, maintenance, or updating of it.
The Trump transition team did not have an immediate comment. Trump has said he should have time after taking office to pursue a “political resolution” of the issue.
“TikTok itself is a fantastic platform,” Trump’s incoming national security adviser Mike Waltz told Fox News on Wednesday. “We’re going to find a way to preserve it but protect people’s data.”
The New York Times separately reported that Tiktok CEO has been extended an invitation to attend the President-elect’s inaugration and sit in “a position of honor”.
A White House official told Reuters Wednesday President Joe Biden has no plans to intervene to block a ban in his final days in office if the Supreme Court fails to act and added Biden is legally unable to intervene absent a credible plan from ByteDance to divest TikTok.
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