GRA has to explain this totally unacceptable situation

May 17, 2017 Letters

Dear Editor,
I refer to the article entitled “Ministry rejected Custom Chief duty free concession —PS” published in your edition of May 16, 2017. I wish to offer the following clarification lest it be misconstrued that the Guyana Revenue Authority (GRA) is authorized to approve the granting of duty free concessions. The GRA does not grant duty free concessions on motor vehicles. The GRA merely administers the concessions. The concessions are creatures of the law. They are not discretionary.
In the past, duty free concessions for motor were granted under the hand of the Minister of Finance. This discretionary power has long been removed. Not even the President of Guyana has such power. The GRA has no such power. Duty free concessions on motor vehicles are now the remit of the law. The relevant law provides for three categories of persons to be granted concessions on motor vehicles; 1) qualifying remigrants; 2) eligible public officials and 3) members of the National Assembly.
As with the granting of any such concessions, it is necessary for control measures to be put in place to ensure that only those eligible receive the concessions. This is what necessitates the involvement of the Public Service Ministry (PSM). It is the PSM Ministry which has to certify that a public official seeking a duty free concession qualifies for such a concession.
The Ministry has to certify the eligibility of the person concerned. This is a control measure used to guard against fraud and abuse and specifically to prevent persons who are not eligible for such concessions claiming such concessions. It is principle of law, also, that no such concessions can be granted on a vehicle the importation of which is prohibited by law
The GRA does not have discretionary power to grant duty free concessions to public officials. The GRA has to be satisfied that the person seeking a concession under the law is eligible. The mechanism for determining this is the certification by the Public Service Ministry. In other words, if a public official does not receive such a certification from the PSM, the GRA cannot proceed to process the duty free importation of a vehicle for that applicant.
The matter involving the importation of a 2008 motor vehicle by the Head of the Customs should be investigated forthwith by the State Asset Recovery Unit, the Special Organized Crime Unit or the Guyana Police Force to determine how it is that the said importation, which did not receive certification from the PSM, could have been approved by the GRA.
Sasenarine Arjune Persaud

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