Export License Requirement

The documents required for NEPC Exporter Registration depends on the business entity, as outlined below:

Documents For Limited Liability Company

  • Certificate of Incorporation (issued by the Corporate Affairs Commission)
  • Copy of Memorandum and Articles of Association
  • Copy of Form CAC 1.1– “section C” (Particulars of Directors) or Status report. This is formerly known as Form C07 or Form CAC 7.
  • Board resolution to register company with the NEPC (Company Seal affixed)

Documents For Co-Operative Society

  • Certificate of Registration (issued by State Ministry of Commerce, Local Governments and Federal Capital Territory Area Councils)
  • Bye Laws of the Society
  • Board resolution to register company with the NEPC (Company Seal affixed)

Documents For Government and Non-Government Organization

  • Certificate of Registration (issued by the Corporate Affairs Commission)
  • Constitution of the Government Organization and non-Governmental Organization
  • Act Establishing the MDA (Government Organization)
  • Memorandum for Guidance of Applicant (NGO)
  • Board of trustees’ resolution to register company with the NEPC (Company Seal affixed)

Other required certifications / documents

In addition to obtaining an export certificate, exporters must also acquire a range of certifications and documents specific to their product type to facilitate seamless export transactions. These certifications and documents play a crucial role in ensuring compliance with regulatory requirements and establishing the credibility of the exported goods. Some of the essential certifications and documents include:

  1. Certificate of Incorporation is a document given upon registration of a company under the Corporate Affairs Commission. This is a preliminary requirement for any trader in Nigeria.
  2. Product Standard Certification (such as MANCAP, Product Type Certification, and Conformity Assessment Procedures) to ensure compliance with quality standards.
  3. Certificate of Origin/Declaration of Origin: It serves as proof of the country where the goods were produced or manufactured, facilitating trade and determining eligibility for preferential tariff rates.
  4. Form NXP is a form required to be completed by an exporter with an Authorized Dealer Bank (any commercial or merchant bank)
  5. Proforma Invoice: A proforma invoice is a preliminary invoice that serves as a binding agreement between the buyer and seller, providing a quotation for goods or services to be provided, while outlining the terms and conditions of the sale.
  6. Bill of Lading: This official document issued by the shipping carrier acknowledges the receipt of goods for shipment, containing details such as the description, quantity, and destination of the goods.
  7. Insurance Certificate: It provides coverage for the goods during transit, protecting against potential loss or damage.
  8. Packing List: It provides a detailed inventory of the goods being shipped, including their dimensions, weight, and packaging specifications.

In order to export from Nigeria, it is imperative for an exporter to fulfill a mandatory requirement: registering their company in Nigeria. This essential step ensures that every business operating in Nigeria is fully incorporated and registered, establishing credibility and legitimacy in the market. To navigate the registration process seamlessly, it is advisable for traders to seek the assistance of a qualified lawyer or an accredited representative from the Corporate Affairs Commission (CAC), the regulatory body overseeing business registration in Nigeria. By enlisting professional support, traders can ensure a smooth and efficient registration process, setting the foundation for successful business and export transactions.

Institution/Systems Involved:

Corporate Affairs Commission (CAC)

What do you get?

Certificate of Incorporation 

CAC Requirements:

  • Recognized Form of Identification for Director(s) and Secretary
  • Notice of Approval (To be printed out after Proposed Name is Approved)
  • Evidence of payments (Business Name reservation payment and Company Registration Payments)

Fees & Charges for CAC Registration

  • Business Name Reservation – NGN 500
  • Company Registration Fees – NGN 10,000

Legal Justification

CAC Companies Regulation 2021

Companies and Allied Matters Act (CAMA) 202

CAC Procedures

  1. Create an account on the CAC portal and obtain user credentials.
  2. Log in with your credentials
  3. Check availability and reserve proposed names.
    Note: You are required to provide two names to ensure availability. Reservation of the name is valid for 60 days from the date of approval. If the name is unapproved, a notice of denial is sent.
  4. E-Registration: On your dashboard, click on start registration with your name available by code. Fill out all required information, upload necessary documents as prompted, and make your payment.
  5. Document verification by CAC
  6. Download the e-certificate from your dashboard
  7. Obtain certified true copies from the CAC office (Link to list of CAC offices)

In Nigeria, product certification is carried out by the Standards Organization of Nigeria (SON), which issues a mark to indicate compliance with the Nigeria Industrial Standard. This mark, obtained through the Mandatory Conformity Assessment Programme (MANCAP), is the only official certification mark recognized in Nigeria. The MANCAP aims to safeguard Nigerian consumers by ensuring that products meet the required quality and safety standards set by SON. It promotes fair competition among manufacturers and importers, emphasizing the importance of delivering superior products that adhere to Nigerian industrial standards.

To obtain MANCAP certification, manufacturers and exporters undergo a rigorous assessment process. This includes testing their products in accredited laboratories to verify compliance with Nigerian standards, as well as meeting packaging, labeling, and documentation requirements. Once certified, products are marked with the MANCAP logo, indicating their compliance and assurance of quality.

View the MANCAP certification procedure below:

Institution/Systems:

Standards Organisation of Nigeria (SON)

What do you get?

MANCAP Logo

MANCAP Logo with Number

 

MANCAP Requirements:

  • MANCAP Application Form from SON
  • Standards Document (The document states the quality requirement of the product)
  • Certificate of Incorporation (CAC) certificate

Fees & Charges for MANCAP Certification

  • MANCAP Application Form – NGN 5,000
  • For certification charges and other fees breakdown, visit the SON website here

Timeline

  • Application: This stage takes about 1-2 weeks.
  • Sampling & Testing: This stage takes about 2-4 weeks.
  • Evaluation: This stage takes about 2-4 weeks.
  • Certificate of Registration Issuance: This stage takes about 1-2 weeks.
  • The entire process is between 6 weeks – 12 weeks

Legal Justification

  • Provision of the 1999 Nigerian Constitution, as amended. Schedule II: Legislative Powers, Part I: Exclusive Legislative List, item 62 on Trade and commerce, and in particular, subsection d refers to the Federal Government of Nigeria establishment of a body to prescribe and enforce standards of goods and commodities offered for sale. These constitutional duties are what SON has been carrying out since it was established.
  • SON Act No. 14 of 2015

Recourse:

Name: Engr. Olalekan Sunday OMONIYI, MNSE, AICMC (Image not available. Kindly make use of a dummy image)

Position: Assistant Director (Product Certification Department – SONCAP)

Contact details: +2348149575498, olalekan.omoniyi@son.gov.ng

Dept: Product Certification Department (PCD)

Director: Mr. Tersoo Orngudwem (tersoo.orngudwem@son.gov.ng)

MANCAP procedures/Steps

  1. Visit the nearest Standards Organisation of Nigeria (SON) office.
  2. Obtain the MANCAP application form and a copy of the Nigerian Industrial Standard, which outlines the quality requirements for your product.
  3. Complete the form and submit it along with a copy of your company’s Certificate of Incorporation.
  4. Prepare your production site for the maiden inspection, including raw material inspection, in-process and end-product quality control, packaging, and storage.
  5. Wait for SON Technical Officers to visit the production site and conduct an inspection to ensure compliance with the standard and qualification criteria.
  6. Random samples of the product will be drawn for analysis.
  7. The product will undergo testing using the standard as the testing criteria. It’s recommended to have a quality control laboratory on the premises. If not, samples will be tested at a laboratory accredited by IPAN – Institute of public analysts of Nigeria, which may extend the result time, in contrast to a plant with a laboratory, to facilitate the certification process.
  8. After testing, the test report will be evaluated to determine if the product meets the qualification criteria.
  9. You will receive feedback on the maiden inspection, and with this, you are to prepare for the second inspection.
  10. A second inspection, called the certificate inspection, will ensure the evaluation’s accuracy before a decision can be made.
  11. If the product meets the standards, it will receive the MANCAP logo with a unique identification number.
  12. If the product doesn’t meet the standards, feedback will be provided on next steps. Implement feedback and prepare for a new inspection. Two additional inspections can be conducted if the product still doesn’t meet the standards. However, if the product fails after two attempts, SON will issue a compliance directive, requiring the manufacturer to adhere to the standards and restart the production process.

Product Type Certification

If you intend to export your product from Nigeria, you have to find out the standard requirement of the destination country for your product and compare it with the Nigerian Standards. If the standards of the destination country are the same as Nigerian Standards, you can present the MANCAP certification to the destination country to prove that your products have been certified.

However, if there are gaps between the destination country’s standards and Nigerian standards, SON will carry out the necessary certification to cover these gaps, and issue a Product Type certification for export.

Conformity Assessment Procedures (CAPS)

Conformity Assessment Procedures (CAP) are a set of procedures that verify whether a product, service or system meets the required technical standards and regulations of the importing country or region. To gain entry into local, regional, and global markets, a product must adhere to the technical regulations set by government bodies and demonstrate compliance by undergoing Conformity Assessment Procedures (CAPs).

Institution/Systems:

  • AfCFTA portal (Insert link to CoO Application Form Link on the website)

What do you get?

  • AfCFTA Certificate of Origin
  • ROO Compliance Certificate

AfCFTA CoO Requirements:

  • Fill the Certificate of Origin (CoO) form
  • Provide documentation that proves the origin of the product

Procedures/Steps:

  • Fill out the Certificate of Origin Form accurately and completely.
  • Submit the completed form electronically.
  • Pay the necessary fees, as applicable.
  • Wait for the certificate to be processed and approved by the AfCFTA.
  • Download the approved AfCFTA Certificate of Origin.

Institution/Systems:

Bank (Where you have a domiciliary account)

What do you get?

Nigerian Export Proceeds (NXP) Form (Insert link to Appendix 21 – Blank NXP Form)

NXP Form Requirements:

  • Completed application form
  • Proforma Invoice (Contract of Sale)
  • Clearance document of export load list
  • Other documents such as Phytosanitary Certificates, Certificate by SON, NAFDAC, etc.

NXP Procedures/Steps:

  • Visit your respective bank and obtain the Nigerian Export Proceeds (NXP) form.
  • The bank issues the form in six copies.
  • Complete all six copies and return them to the bank.
  • Make sure that you have all the required documents.
  • While returning the application form, attach the contract of sale and Proforma invoice with the forms.
  • The bank will keep the original one for it and forward the balance of five copies to the Inspection agents.
  • You are to use the NXP number as a reference for the application in further dealings.

 

Distribution of the Form NXP

  1. The first copy is retained by the processing bank
  2. The second copy would be sent to the Central Bank of Nigeria (CBN) and forwarded to the National Maritime Authority (NMA)
  3. The third, fourth, fifth and sixth copies will be sent to the Nigeria Customs Service (NCS). Afterwards, the copies will be released to the CBN, the Nigerian Exports Promotion Council (NEPC) and the exporter, with a copy retained by the NCS.

AfCFTA Rules of Origin Verification

Watch this informative video below for step-by-step instructions on completing the Certificate of Origin and Declaration of Origin Form.
  1. Download the Declaration of Origin (DOO) form
  2. Fill out the DOO form, providing all the necessary details and information.
  3. Gather and attach all supporting documents that prove the origin of the goods, such as invoices, purchase orders, and any relevant certificates.
  4. Submit the completed DOO form and supporting documents to the appropriate authority or entity responsible for verification.
  5. The Nigeria Customs Services (NCS) reviews the submitted documents and confirms the eligibility of the product for export under the AfCFTA.
  6. Once approved, the exporter receives an AfCFTA product number, indicating compliance with the Rules of Origin.
  7. Obtain a single goods declaration for the exported product.
  8. The NCS arranges for product inspection to ensure compliance with quality and regulatory standards.
  9. After successful inspection, the product is released and ready for export.
  1. Apply for the Certificate of Origin (COO) through the online form available on the AfCFTA Portal.
  2. Provide all the necessary details and information about the product, including its origin, value, and relevant documentation.
  3. Depending on the product type, the exporter may need to obtain additional regulatory and standards certificates from organizations such as NAFDAC, NAQS, or SON.
  4. Obtain the Rules of Origin (ROO) compliance certificate from the Designated Competent Authority (DCA).
  5. Submit the COO application along with the supporting documents through the AfCFTA Portal.
  6. The NCS verifies the compliance of the product with the Rules of Origin and reviews the submitted documentation.
  7. Once approved, the exporter receives the Certificate of Origin, confirming the product’s eligibility for preferential treatment under the AfCFTA.
  8. Obtain a single goods declaration for the exported product.
  9. The NCS arranges for product inspection to ensure compliance with quality and regulatory standards.
  10. After successful inspection, the product is released and ready for export.

AfCFTA Dispute Settlement Mechanism

The AfCFTA dispute settlement mechanism is crucial to address implementation problems and ensure adherence to the obligations and procedures of the agreement. Through an online reporting and monitoring system, disputes can be filed against state parties that violate the provisions of the AfCFTA