OCG probes alleged scrap metal export breaches

Saturday, November 05, 2011

THE Office of the Contractor General (OCG) has launched a formal investigation into the circumstances surrounding the alleged export of 97 containers of scrap metal, said to be in violation of a Cabinet Order banning such exports, and without the requisite licences being issued by the Trade Board.

The OCG, in a statement yesterday, said the decision to undertake the investigation followed a careful review of public statements regarding the matter, which were made by the minister of industry, investment and commerce Dr Christopher Tufton; permanent secretary in the ministry, Reginald Budhan; former commissioner of Customs Danville Walker; and the Customs Department.

“The OCG has also taken note of certain public statements and allegations that have been made by the Opposition People’s National Party regarding the matter,” the statement said.

The OCG said it has taken account of:

• Minister Tufton’s statement that the referenced exports were authorised and facilitated by the Customs Department in violation of a Cabinet Order which stipulated that entities eligible to export scrap metal must first receive a permit from the Trade Board;

• Minister Tufton’s statement that the alleged illicit exports were taking place without the knowledge of the Trade Board and his ministry;

• Minister Tufton’s concern as to whether the export of scrap metal, generated by entities in the legitimate course of their business, was being carried out in the manner that was stipulated in the Cabinet Order or, in violation thereof, by middle men or traditional scrap metal dealers;

• The public acceptance by the Customs Department of responsibility for allowing certain select entities to export scrap metal without the requisite licences; and

• The questionable justification which has been advanced by the Customs Department for its admitted conduct — that there has been no loss of revenue during the period and that the export of the metal generated valuable foreign exchange for the country.

“The OCG believes that the issues and questions that have been generated by the circumstances of the case, and the allegations that have been made in the matter are such that the national interest warrants that a formal, comprehensive and independent investigation be conducted into the matter,” the statement said.

The OCG said its investigation will, among other things, seek to determine:

• The full particulars regarding the identity of the exporting entities in question and the circumstances in which they were allegedly permitted, authorised or facilitated by the Customs Department, or by any other person or authority, in their export of scrap metal in alleged contravention of the Laws of Jamaica and/or any relevant Cabinet or Ministerial Order;

• The full particulars of the circumstances under which the Trade Board was allegedly circumvented by the Customs Department in the subject exports of scrap metal; and

• What laws, regulations or orders may have been breached, and by whom, and whether there is any evidence which would suggest that any public officer or person, whether by his or her conduct or participation in any of the above-referenced arrangements, may have contravened the Corruption Prevention Act and/or Section 4 of the Contractor General Act.

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OCG probes alleged scrap metal export breaches