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SONCAP CERTIFICATE; A REQUIREMENT FOR IMPORTATION OF GOODS INTO NIGERIA

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By Aderonke Alex-Adedipe and Eustace Aroh

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1. Introduction
The Standard Organisation of Nigeria (SON) was established by the Standard Organisation of Nigeria Act (No 56) of 1971 with the mandate to set the Standards for manufacturing and sale of products, materials, processes and services amongst others; to certify and provide assistance in the production of quality of goods and services; and improve measurement accuracies and circulation of information relating to standards.

The SON in 2005, introduced the Standards Organisation of Nigeria Conformity Assessment Program (the “Program”) to address the problem of substandard and unsafe products imported into the country. Under the Program, certain imported products[1], are required to be inspected to conform with essential requirements, technical regulations and approved industrial standards before importation into Nigeria.

For convenience and efficiency, the SON accredited some independent firms such as Cotecna, Intertek, SGS, CCIC etc (“Accredited Firms”) to process and issue SONCAP Certificate on behalf of the SON[2].

In this article, we summarise the procedure and steps to obtaining a SONCAP Certificate below.

2. What are the steps to obtaining a SONCAP Certificate?
A Product Certificate (“PC”) is a mandatory requirement for products regulated by the SON. The PC is also a pre-requisite for the issuance of a SONCAP Certificate for imported products. There are three (3) categories of PCs and an importer may make an application based on frequency as described in the table below.
PC type Preference Validity Period

PC type Preference Validity Period
1 Product Certificate one Preferred for one-time importers 6 months
2 Product Certificate two Preferred for occasional importers 1 year
3 Product Certificate three Preferred for frequent importers 1 year

 

3. How should an application for a PC be made?
An application for a PC should be accompanied by the following documents[3];

i. an application form;
ii. an ISO 9001 Certificate of the manufacturer;
iii. a test report of the product from an accredited ISO17025 laboratory[4];

iv. a quality declaration from the manufacturer;
v. a picture of the product or a sample of the product (where the Accredited Firm requests);
vi. all other quality documents available; and
vii. Factory Inspection/Audit (applicable only for PC 3).

4. How long does it take to process a PC?
Provided that all the required information and documentation are satisfactory, the PC will generally applicable issued between three to seven (3-7) days depending on the Accredited Firm.

5. What is the next step after obtaining the PC?
The next step is to obtain an e-Form M[5] required for the clearing of products at the Nigerian port. The PC is used to process the e-Form M on the Nigerian Single window for trade portal or through an authorised dealer (usually a commercial bank). Upon approval by an authorised dealer and registration by the Nigeria Customs Service (NCS), the importer may then proceed to apply for a SONCAP Certificate.
Upon successfully obtaining the e- Form M, the importer may apply for a SONCAP Certificate through one of the Accredited Firms. The SONCAP Certificate is linked to the PC obtained for the product and a particular shipment may or may not be subject to inspection based on the category of the PC obtained as described in the table below.

PC Type Inspection Rate
Product Certificate one 100% inspection rate
Product Certificate two 40% inspection rate
Product Certificate three 20% inspection rate

6. How should an application for SONCAP be made?
To process a SONCAP Certificate, a company will be required to provide the following:

i. SONCAP application/ request for certificate form
ii. A Valid PC for each product;
iii. Tax Identification Number;
iv. Pro forma Invoice; and
v. E-Form M.

7. Conclusion
A SONCAP Certificate is a condition precedent required for the clearance of products at the Nigerian port[1]. This has played a pivotal role in reducing the importation and sale of substandard products in the country. The Program has proven to be a step in the right direction in ensuring the availability of quality products in Nigeria.

 

[1] https://son.gov.ng/soncap_service

[2] These Accredited Firms have offices in several countries across the world.

[3] In some cases, Accredited Firms may request additional information/documentation in respect of certain products.

[4] Where the importer is unable to produce a satisfactory test report, the Accredited Firm shall test the product based on SON standards.

[5] This is used by the Central Bank of Nigeria (CBN) to track and collect import duties.

[6] It is pertinent to note that some products are exempt from the Program pursuant to a SON Circular with reference number SON/SONCAP/EX/Vol. 1/005. These products which include, food, medicine and medical products, chemical products etc, are nonetheless subject to other regulatory requirements.

REQUIREMENTS FOR IMPORTING PHARMACEUTICAL PRODUCTS INTO NIGERIA

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According to the UN International Trade Statistics Database, importation of products by Nigerians increased from N132.6 million to N159 million between May to June,2020. This indicates that in spite  of the decrease in economic activities brought on by the Coronavirus pandemic, importation still remains pivotal in Nigeria. One significant group of products that have gained traction, especially in the wake of the pandemic are pharmaceutical products (“Pharma Products”). In our article today, we highlight the stages required to import Pharma Products into Nigeria.

Stage 1- INCORPORATION / REPRESENTATION

Investors seeking to import Pharma Products must either register with the Corporate Affairs Commission as a pharmaceutical company or appoint a duly registered pharmaceutical company in Nigeria using a power of attorney, authorising it to act on their behalf. Registration as a pharmaceutical company must comply with the requirements of the Pharmacists Council of Nigeria (“PCN”).

Stage 2- REGISTRATION OF PREMISES

A suitable warehouse or building has to be secured for the storage of the Pharma Products being imported. Such premises must be registered for inspection in accordance with the provisions of the National Agency for Food and Drug Administration and Control (“NAFDAC”) Act and the Inspection, Location and Structure of Pharmaceutical Premises Regulation.

Stage 3- NAFDAC REGISTRATION

Before any pharmaceutical product can be imported into Nigeria, it must have been registered by NAFDAC. This process comprises of two stages:

  1. an application to bring in samples;
  2. an application for full registration

Once duly registered, the application shall be valid for 5 (five) years. This stage is highly critical as importation of unregistered Pharma Products is a violation of the provisions of the Act guiding NAFDAC.

Stage 4- CLEARING

Once the Pharma Products have arrived at the ports and are ready to be cleared, an application has to be made to the Port Inspectorate Directorate (PID) of NAFDAC and should be accompanied by shipping documentation, required permits and licenses from PCN and other agency permits. Once the payment of  inspection and analysis fees is made, it is to be followed by physical inspection at the port and upon successful vetting, the Pharma Products are released to the warehouse.

Stage 5- ADVERTISING

Finally, it is pertinent for intending importers to know that before the cleared Pharma Products can be advertised, traditionally and via social media, necessary approvals must be gotten from NAFDAC and the Advertising Practitioners Council of Nigeria, via its Advertising Standards Panel Committee. Importers intending to market their Pharma Products should note this stage as NAFDAC may withdraw its certificate of registration from defaulters.

Note

This article  is simply a guide for intending investors and importers and should not be construed as legal advice. You may contact us if you have enquiries with respect to the foregoing at info@pavestoneslegal.com

To read more articles on importation of goods into Nigeria, click here . You can also learn more about NAFDAC requirements to set up a restaurant in Nigeria by clicking here.