CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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FOREIGN EXCHANGE (MONITORING AND MISCELLANEOUS PROVISIONS) ACT
Arrangement of Sections
Part 1: Establishment of the Autonomous Foreign Exchange Market and dealings in the Market
1. | Establishment of the Autonomous Foreign Exchange Market. | 2. | Instruments of transactions in the Market. | 3. | Non-disclosure of sources of imported foreign currency.
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4 | Sources of foreign currency in the Market.
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5. | Appointment of Authorised Dealers and Authorised Buyers. | 6. | Revocation of appointment as Authorised Dealer or Authorised Buyer. |
7. | Transactions in the Market | 8. | Supervision and monitoring of the Market | 9. | Rate in the Market. |
10. | Transactions permitted in the Market. | 11. | Transactions not permitted, etc. | 12. | Importation and exportation of foreign currencies. |
13. | Repatriation of funds.
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14. | Importation and exportation of the naira.
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15. | Investment of foreign currencies and capital in enterprises or securities in Nigeria. |
16. | Authorised Dealers to submit returns. |
Part II: Operation of foreign currency domiciliary accounts
17. | Domiciliary accounts. | 18. | Rate of interest. | 19. | Exporters to open account. |
20. | Monitoring and supervision by the Central Bank | 21. | Importation and exportation of foreign currency in cash. | 22. | Payment for certain goods |
23. | Special surveillance of certain transactions. | 24. | Preservation of records. | 25. | Duty to report international transfer of funds. |
Part III: Securities
26. | Dealing in Securities. |
Part IV: Export of goods and services
27. | Export of goods and services. |
Part V: Collection of debts
28 | Duty to collect debts. |
Part VI: Offences
29. | Offences under Part I. | 30. | Offences under Part II. | 31. | Offences by bodies corporate. |
Part VII: Miscellaneous
32. | Blocked accounts. | 33. | Directives by the Minister. | 34. | Jurisdiction. |
35. | Application to the State. | 36. | Extent of this Act. | 37. | Modification of existing legislation. |
38. | Repeals and savings.
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39. | Transitional provisions. | 40. | Regulations. |
41. | Interpretation. | 42. | Short title. |
Foreign Exchange (Monitoring and Miscellaneous Provisions) Act
An Act to establish an Autonomous Foreign Exchange Market and to provide for the monitoring and supervision of the transactions conducted in the market and for matters connected therewith.
16th January, 1995
Part I: Establishment of the Autonomous Foreign Exchange Market and dealings in the Market
(2) Subject to this Act, the Central Bank of Nigeria may, with the approval of the Minister, issue, from time to time, guidelines to regulate the procedures for transactions in the Market and for such other matters as may be deemed appropriate for the effective operation of the Market.
(2) Without prejudice to the generality of the provisions of subsection (1) of this section, transactions in the Market shall also be conducted through the usual money market instruments, that is—
(a) foreign bank notes;
(b) foreign coins;
(c) travellers’ cheques;
(d) bank drafts;
(e) mail or telegraphic transfers; and
(f) such other money market instruments as the Central Bank may, from time to time, with the approval of the Minister, determine.
(2) No foreign currency imported pursuant to this Act shall be liable to seizure or forfeiture or to suffer any form of expropriation by the Federal or a State Government except as provided under this Act.
(a) foreign currency domiciliary accounts maintained in authorised banks in Nigeria;
(b) foreign currency held or imported by—
(i) Nigerian citizens returning home from any other place outside Nigeria;
(ii) foreign nationals resident in Nigeria;
(c) agency commissions, professional fees and other forms of invisible earnings;
(d) non-oil export proceeds earned by exporters of Nigerian commodities;
(e) foreign currency held by Nigerian citizens resident in Nigeria;
(f) foreign currency imported by foreign nationals to purchase goods in Nigeria;
(g) foreign currency imported or held by foreign embassies, high commissions and international organisations from external sources;
(h) foreign currency held in external accounts by individuals, bodies corporate and unincorporated, commission agents, professional bodies, insurance companies and other similar bodies;
(i) foreign currency imported by tourists into Nigeria;
(j) foreign currency provided by the Central Bank;
(k) foreign currency imported for direct investment in Nigeria; and
(l) foreign currency from such other sources as the Minister may, from time to time, specify by order published in the Gazette.
(2) An Authorised Dealer or Authorised Buyer appointed under subsection (1) of this section shall operate in the Market subject to such terms and conditions as the Central Bank may specify in the letter of appointment.
(2) A person aggrieved by the decision of the Central Bank under subsection (1) of this section may, within 28 days of the receipt by him of the letter of revocation, appeal in writing to the Minister.
(3) The Minister may, after giving consideration to the circumstances of the case, reverse or affirm the decision of the Central Bank, as the case may be.
(a) the public and Authorised Dealers appointed under this Act;
(b) the Authorised Dealers appointed under this Act; and
(c) the Authorised Dealers and Authorised Buyers appointed under this Act.
(2) Transactions in the Market shall be as prescribed, from time to time, by the Central Bank.
(2) The Minister may, from time to time, issue such directives not inconsistent with this Act as to him may seem appropriate for the efficient operation of the Market.
(a) as permitting any unrestrained or general dealing in foreign currencies on terms inconsistent with the provisions of this Act;
(b) to imply that transactions relating to goods, services or items absolutely prohibited by any enactment or law may be conducted in the Market.
(2) Foreign currency in excess of US $5,000 or its equivalent, whether being imported into or exported out of Nigeria, shall be declared on the prescribed form for reasons of statistics only.
(2) The Authorised Dealer through which the foreign currency or capital for the investment referred to in subsection (1) of this section is imported shall, within 24 hours of the importation, issue a Certificate of Capital Importation to the investor and shall, within 48 hours thereafter, make returns to the Central Bank giving such information as the Central Bank may, from time to time, require.
(3) The Central Bank shall furnish to the Minister, on a quarterly basis, detailed reports on the returns furnished to the Central Bank under subsection (2) of this section for information and statistical purposes only.
(4) Foreign currency imported into Nigeria and invested in any enterprise pursuant to subsection (1) of this section shall be guaranteed unconditional transferability of funds, through an Authorised Dealer in freely convertible currency, relating to—
(a) dividends or profits (net of taxes) attributable to the investment;
(b) payments in respect of loan servicing where a foreign loan has been obtained; and
(c) the remittance of proceeds (net of all taxes) and other obligations in the event of sale or liquidation of the enterprise or any interest attributable to the investment.
(5) The repatriation referred to in subsection (4) of this section shall be communicated by an Authorised Dealer to the Central Bank, within fourteen days of the repatriation and the Central Bank shall furnish same to the Minister on a monthly basis for information and statistical purposes only.
(2) The Central Bank shall furnish to the Minister, on a quarterly basis, detailed reports on the returns submitted to it under subsection (1) of this section.
(3) An Authorised Dealer or Authorised Buyer which contravenes the provisions of subsection (1) of this section, by failing, neglecting or refusing to submit the returns, is guilty of an offence and liable on conviction to be dealt with as provided in the Central Bank of Nigeria Act and the Banks and Other Financial Institutions Act as if it had contravened the provisions of those Acts relating to the submission of returns.
Part II: Operation of Foreign Currency Domiciliary Accounts
(2) The foreign currency in which a domiciliary account may be opened, maintained and operated shall be any internationally convertible currency.
(3) Except as provided under any other enactment or law, a person making an application to open a domiciliary account under this Act shall not be obliged to disclose the source of the foreign currency sought to be deposited in the account.
(4) A person may open more than one domiciliary account under this Act designated in the same or different foreign currencies and at the same or in different banks.
(5) No money imported for the purpose of this Act shall be liable to seizure or forfeiture or suffer any form of expropriation by the Federal or a State Government.
(2) The Central Bank may authorise a bank to transact banking business in any foreign currency deposited with the bank pursuant to this Act.
(2) The foreign currency referred to in subsection (1) of this section which has been imported into Nigeria in cash shall only be exportable from Nigeria in cash.
(3) For the avoidance of doubt, no Authorised Dealer shall permit or in any way facilitate the withdrawal of the foreign currency referred to in subsection (1) of this section by any means other than by cash.
(a) landed properties;
(b) securities, including stocks, shares, debentures and all forms of negotiable instruments; and
(c) motor cars, including other vehicles of any description whatsoever.
(2) Payments for the items specified in subsection (1) of this section shall, as from the commencement of this Act, be made by means of bank transfers or cheques drawn on banks in Nigeria only.
(a) maintain at all times a register for the purpose of recording details of all transactions carried out by it under the provisions of this Part of this Act; and
(b) preserve a register maintained under subsection (1) of this section for a period of at least seven years after the last transaction recorded in the register.
Part III: Securities
(a) resident in or outside Nigeria; or
(b) a citizen of Nigeria or not,
may deal in, invest in, acquire or dispose of, create or transfer any interest in securities and other money market instruments whether denominated in foreign currencies in Nigeria or not.
(2) A person may invest in securities traded on the Nigerian capital market or by private placements in Nigeria.
Part IV: Export of goods and services
(a) the goods or services are not prohibited by law in Nigeria;
(b) payment for the goods or services is made by means of letter of credit or any other internationally acceptable mode for payments; and
(c) the amount of the payment made or to be made is such as to represent a fair return for the goods or services.
Part V: Collection of debts
(a) the delay in receipt, by the agency of the Government, of the whole or any part of the foreign currency, or of the payment, as the case may be; or
(b) that the foreign currency or payment, as the case may be, shall cease in whole or in part to be receivable by the agency of the Government.
(2) Unless the Minister otherwise directs, nothing in this section shall impose on any agency of the Government an obligation, in relation to any debt arising out of the carrying on of any trade or business, to procure the payment thereof at an earlier time than is customary in the course of that trade or business.
(3) The Minister may direct the assignment to the Accountant-General for the Federation the right to demand and receive the foreign currency or payment.
Part VI: Offences
(a) with intent to defraud, forges, mutilates, utters or defaces any foreign currency, travellers’ cheques or other instrument of exchange in the Market; or
(b) converts any foreign currency to a use for which it is not intended under this Act; or
(c) negotiates any draft, foreign bank note, other foreign exchange or any other trading instrument otherwise than as permitted by this Act; or
(d) forges or produces as genuine to the Central Bank or the Market any false document with a view to utilising the document in any transaction in the Market,
is guilty of an offence under this Act.
(2) A person convicted of an offence under subsection (1) of this section is liable—
(a) in the case of an individual, to imprisonment for a term of five years or to a fine of five times the amount of foreign currency involved; and
(b) in the case of a body corporate, to a fine of ten times the amount of the foreign currency involved.
(3) All the assets, movable or immovable, of a person convicted of an offence under this section shall be forfeited to the Federal Government.
(4) Where the person convicted under this section is an Authorised Dealer, the Central Bank shall revoke his appointment as an Authorised Dealer.
(5) In addition to any other penalty imposed under this section, the foreign currency involved shall be forfeited to the Federal Government.
(a) being a depositor, withdraws from an account affected by this Act, any foreign currency and sells the foreign currency to an unauthorised dealer whether in or outside Nigeria; or
(b) with intent to defraud, forges, mutilates, utters or defaces any passbook maintained pursuant to this Act; or
(c) being a bank, converts the proceeds of any domiciliary account maintained in the bank to a use for which it was not intended; or
(d) being a depositor, negotiates any draft, foreign bank note or negotiable instrument otherwise than through the banking system; or
(e) being an Authorised Dealer, permits or in any way facilitates the withdrawal by a depositor of foreign currencies contrary to section 21 of this Act; or
(f) makes or accepts cash payments contrary to section 21 of this Act,
is guilty of an offence under this Act.
(2) A person convicted of an offence under subsection (1) of this section is liable—
(a) in the case of an individual, to imprisonment for a term not exceeding two years;
(b) in the case of an officer at the port of entry or a bank official, to imprisonment for a term not exceeding five years;
(c) in the case of a body corporate, to a fine of ten times the amount of foreign currency involved.
(3) In addition to the penalty imposed under this section—
(a) the foreign currency involved, shall be forfeited to the Federal Government;
(b) where an offence under this Part of this Act is committed by a body corporate the court may order that the body corporate shall thereupon and without any further assurance, but for the order, be wound up and all the assets and properties of the body corporate shall be forfeited to the Federal Government;
(c) where an offence under this Part of this Act is committed by an Authorised Dealer, the court may, in addition to the penalty prescribed in paragraph (b) of this subsection, recommend that the license of the Authorised Dealer be revoked.
Part VII: Miscellaneous
(2) Where the foreign currency remains in the blocked account for a period of more than three years and in the absence of any action by the person from whom the foreign currency was seized to retrieve the foreign currency within the period, the Minister shall direct the Central Bank to transfer the foreign currency into the Consolidated Revenue Fund.
(a) in the case of any such persons, directives as respects the exercise of any functions exercisable by them by virtue of anything done under any provision of this Act; and
(b) in the case of Authorised Dealers, directives—
(i) as to the terms on which they are to accept foreign currency; or
(ii) requiring them to offer their specified currency to the Central Bank on such terms as may be specified in the directives.
(2) The persons referred to in subsection (1) of this section are as follows, that is—
(a) bankers and Authorised Dealers;
(b) persons to whom any power of the Central Bank under this Act has been delegated;
(c) Government agencies authorised to accept the custody of securities and documents of title to securities;
(d) persons entrusted with the payment of capital moneys, dividends or interest in Nigeria.
(a) the Bills of Exchange Act;
(b) the Central Bank of Nigeria Act;
(c) the Banks and Other Financial Institutions Act;
(d) the National Economic Intelligence Committee (Establishment, etc.) Act,
shall be read with such modifications as to bring them into conformity with the provisions of this Act.
(2) If the provisions of any other law, including the enactments specified in subsection (1) of this section, are inconsistent with those of this Act, the provisions of this Act shall prevail and the provisions of that other law shall, to the extent of the inconsistency, be void.
(a) the Exchange Control (Anti-Sabotage) Act;
(b) the Foreign Currency (Domiciliary Account) Act; and
(c) the Second-Tier Foreign Exchange Market Act.
(2) It is hereby declared that without limiting the provisions of the Interpretation Act, the repeal by these Acts shall not affect any document made or anything whatsoever done under the enactments so repealed.
(3) Every order, requirement, certificate, notice, direction, decision, authorisation, consent, application, request or thing made, issued, given or done under any enactment repealed by this Act shall, if in force at the commencement of this Act and so far as it could have been made, issued, given or done under this Act, continue in force and have effect as if made, issued, given or done under the corresponding provision of this Act.
“Authorised Buyer” means any bureau de change, hotel or other corporate body appointed as such by the Central Bank under the provisions of this Act;
“Authorised Dealer” means any bank licensed under the Banks and Other Financial Institutions Act, and such other specialise bank and issued with licence to deal in foreign exchange;
“Autonomous Foreign Exchange Market” means a market in which the Authorised Dealers, Authorised Buyers, foreign exchange end-users and the Central Bank are participants and may include any other participant that the Government of the Federation may, from time to time, recognise;
“Bank” has the meaning assigned to it by section 55 of the Central Bank of Nigeria Act,
“Capital” means all cash contributions, plant, machinery, equipment, building, spare parts, raw material and other business assets, other than goodwill;
“Central Bank” means the Central Bank of Nigeria;
“Certificate of Title” in relation to a security, means any document whereby a person recognises the title of another to a security issued or to be issued by the first-mentioned person;
“Coupon” means a coupon representing dividends or interest in a security;
“Domiciliary account” means a foreign currency account domiciled in Nigeria opened, maintained and operated with banks in Nigeria under this Act;
“Foreign capital” means convertible currency, plant, machinery, equipment, spare parts, raw materials and other business assets, other than goodwill brought into Nigeria with no initial disbursement of Nigerian foreign exchange and intended for the production of goods and services related to an enterprise, as applicable;
“Foreign currency” means any currency, other than Nigerian currency, and includes any note which is or has at any time been legal tender in any territory outside Nigeria, and where reference is made to foreign currency, the reference includes the right to receive foreign currency in respect of any credit or balance at a bank;
“Inter-bank foreign exchange market” means foreign exchange market with end-users, Authorised Dealers and Authorised Buyers as participants;
“Minister” means the Minister charged with responsibility for matters relating to finance and
“Ministry” shall be construed accordingly.