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Cybersecurity levy will worsen hardship – Labour

by Ikenna Ngere
Nigeria Labour Congress NLC

Nigeria Labour Congress, Trade Union Congress and bank customers have opposed the newly introduced cybersecurity levy by the Central Bank of Nigeria, demanding its immediate withdrawal.

The NLC on Tuesday in a statement signed by its President, Joe Ajaero, lamented that the levy was another anti-people policy of the government, imposed amid economic hardship.

Ajaero noted, “NLC vehemently condemns the recent directive by the Central Bank of Nigeria to levy a 0.005 per cent ‘Cybersecurity Levy’ on electronic transfers.

“This levy, to be implemented by deduction at the transaction origination, is yet another burden on the shoulders of hardworking Nigerians. This move, ostensibly aimed at bolstering cybersecurity measures, threatens to exacerbate the financial strain already faced by the populace.”

Similarly, the Trade Union Congress on Tuesday kicked against the introduction of a cybersecurity levy by the Federal Government, describing it as a move that would drive Nigerians away from the formal banking system.

Speaking with our correspondent in Abuja on Monday, the National Vice President of TUC, Tommy Etim, said, “It is highly unfortunate. It is also another way to discourage people from banking. If people are discouraged from banking because of deductions such as cybersecurity levy, and admin charges, it means that the informal economy, manufacturing economy and entrepreneurs will suffer.

“It’s unfortunate that the government will carry out such a sensitive issue without stakeholder engagement. Nigeria is too big to be taken for granted. The time has come for them to know that democracy involves the people. The National Assembly should not allow this to happen otherwise it will be discouragement in terms of banking transactions. Nigeria’s problems cannot be solved overnight.”

He called on the government to stop implementation of anti-people policies.

The President of Bank Customers Association of Nigeria, Dr Uju Ogubunka, told that the move would adversely impact the cashless and financial inclusion drive of the apex bank.

He said, “I do not call it charge; I call it tax. It is another form of government tax. It can never be a welcome one because they did not give us any reason; there is no justification.

“If you want to do such a thing, you must provide your reason or justification. What about those who do not have accounts in the bank for instance? So, how do you get their portions? For me as an individual, I think it is unfair and that the government did not come with clean hands. I cannot remember anybody being consulted before this kind of policy.

“What they are trying to do is to set us backwards. We are talking about less cash in this economy and now you want to be charging customers for making transfers. If you do not want to be charged then you carry your cash. How are we helping this other policy, if we go this way? I think they need to rethink it and have wider consultations.”

The CBN in a circular issued on Monday ordered banks operating in the country to start charging a cybersecurity levy on transactions in two weeks from the date of the issuance of the circular.

The apex bank referenced earlier circular and letter to all banks dated June 25, 2018 (Ref: BPS/DIR/GEN/CIR/05/008) and October 5, 2018 (Ref: BSD/DIR/GEN/LAB/11/023), respectively, on compliance with the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and the recent call by the National Security Adviser office for the full enforcement of Nigeria’s amended cybercrime law.

The enforcement of the law included the operationalisation of the National Cybersecurity Fund, targeting 0.5 per cent of all electronic transactions by businesses listed in the second schedule of the amended law.

The affected businesses include GSM service providers and all telecommunication companies, internet service providers, banks and other financial institutions, insurance companies and the Nigerian Exchange

The CBN circular, directed at all commercial, merchant, non-interest and payment service banks, other financial institutions, mobile money operators and payment service providers, reads, “The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration. ‘Cybersecurity Levy’.

“Deductions shall commence within two weeks from the date of this circular for all financial institutions and the monthly remittance of the levies collected in bulk to the NCF account domiciled at the CBN by the fifth business day of every subsequent month.”

Transactions that the CBN exempted from the levy included: loan disbursements and repayments, salary payments, intra-account transfers within the same bank or between different banks for the same customer, intra-bank transfers between customers of the same bank, other financial institutions’ instructions to their correspondent banks, interbank placements, banks’ transfers to CBN and vice-versa.

Others are “Inter-branch transfers within a bank, cheques clearing and settlements, letters of credits, banks’ recapitalization-related funding only bulk funds movement from collection accounts, savings and deposits, including transactions involving long-term investments, such as treasury bills, bonds, and commercial papers.”

Also, “Government social welfare programmes transactions e.g. pension payments, non-profit and charitable transactions, including donations to registered non-profit organisations or charities, educational institutions transactions, including tuition payments and other transactions involving schools, universities, or other educational institutions.”

The CBN said the exemption was to avoid multiple applications of the levy on the same transaction/transfer.

The move by the CBN came barely a week after the Federal Government directed Deposit Money Banks to immediately begin the deduction of 0.375 per cent stamp duty charge on all mortgaged-backed loans and bonds.

The new directive was contained in a message sent to customers by banks as directed by the Federal Inland Revenue Service.

It indicated that the government was expanding the scope of stamp duty charges to include foreign transactions and loans, alongside regular bank transfers, as part of efforts by the tax authority to enhance fiscal performance.

Recall that banks were also in January directed to deduct stamp duty on old foreign transactions between January 2021 and December 2023 by January 31, 2024.

Meanwhile, the Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture has described the cybersecurity levy as another stealth tax on the private sector.

In a statement shared with our correspondent on Tuesday, NACCIMA National President, Dele Kelvin Oye, said while it was important to bolster the country’s national cybersecurity infrastructure, the blanket imposition of the levy without a limit raised significant issues that warrant a thorough review and reconsideration by the authorities.

SOURCE: PUNCHNG

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