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May 20, 2024 CBN Withdraws Cybersecurity Levy Circular After FG’s Suspension

CBN Withdraws Cybersecurity Levy Circular After FG’s Suspension

The Central Bank of Nigeria (CBN) has retracted its previous directive that required banks to impose a controversial 0.5% cybersecurity levy on electronic transactions.

This decision follows significant public backlash that emerged after the policy's announcement two weeks ago and the Federal Government's suspension of the levy last week.

In a new circular dated May 17, 2024, the CBN referenced its earlier directive from May 6, 2024, informing financial institutions that the initial circular on the cybersecurity levy "is hereby withdrawn." This latest circular was signed by Chibuzo Efobi, Director of the Payments System Management Department, and Haruna Mustafa, Director of the Financial Policy and Regulation Department.

The initial circular had been addressed to all deposit money banks, mobile money operators, and payment service providers, instructing them to deduct the levy and remit it to the National Cybersecurity Fund (NCF), managed by the Office of the National Security Adviser (ONSA).

The policy's announcement led to widespread public outrage, with labor unions threatening action and pressure groups criticizing the levy’s timing amid a cost-of-living crisis exacerbated by rising inflation. Responding to the public outcry, the Federal Government suspended the contentious cybersecurity levy on May 14, 2024.

CBN Withdraws Cybersecurity Levy Circular After FG’s Suspension
CBN Withdraws Cybersecurity Levy Circular After FG’s Suspension
May 8, 2024 CBN Eases Limitations on Oil Firms’ Repatriation of FX Proceeds

CBN Eases Limitations on Oil Firms’ Repatriation of FX Proceeds

The Central Bank of Nigeria (CBN) has eased the earlier restrictions on repatriating foreign exchange proceeds for international oil companies operating within the nation. According to a circular issued on May 6, 2024, authored by Hassan Mahmud, the Director of the Trade and Exchange Department, these oil firms are now allowed to allocate 50% of their repatriated export earnings towards their financial commitments.

Previously, in February, the CBN had restricted these companies from transferring 100% of their foreign exchange proceeds to their parent companies abroad all at once. The policy stipulated that international oil companies could initially repatriate only 50% of their proceeds, with the remainder to be transferred after a 90-day interval.

The updated directive clarifies that the initial 50% of the repatriated funds can be pooled immediately or whenever necessary. Banks representing these oil companies may request cash pooling in advance of receiving the funds, provided they furnish the necessary documentation for CBN approval.

Furthermore, the remaining 50% of repatriated proceeds can now be used to meet various financial obligations within Nigeria as needed during the designated 90-day period. Eligible payments from this portion include petroleum profit tax, royalties, payments to domestic contractors, cash calls, domestic loan repayments, transaction taxes, education taxes, and forex transactions within the Nigerian Foreign Exchange Market.

May 7, 2024 CBN Issues July 7 Deadline For PoS Operators’ Registration With CAC

CBN Issues July 7 Deadline For PoS Operators’ Registration With CAC

The Central Bank of Nigeria (CBN) has set a deadline of July 7, 2024, for Point of Sale (PoS) operators to complete registration with the Corporate Affairs Corporation (CAC). This announcement came during a meeting between Fintechs and the Registrar-General/Chief Executive Officer (CAC) Hussaini Magaji (SAN) in Abuja on Tuesday.

At the event, the CAC boss emphasized that the two-month timeframe for registering agents, merchants, and individuals with the commission aligns with legal requirements and directives from the Central Bank of Nigeria. The objective is to safeguard the businesses of Fintech customers and strengthen the economy, according to a statement titled 'CAC, PoS OPERATORS AGREE TO TWO-MONTH DEADLINE TO REGISTER THEIR AGENTS AND MERCHANTS TO STRENGTHEN THE FINTECH INDUSTRY‘ issued by the CAC.

Magaji clarified that the registration timeline, expiring on July 7, 2024, is not aimed at targeting any particular groups or individuals but rather focused on protecting businesses. He cited Section 863, Subsection 1 of the Companies and Allied Matters Act, CAMA 2020, and the 2013 CBN guidelines on agent banking as supporting this initiative.

Various speakers from the Fintech industry expressed their commitment to collaborating with the commission to ensure the smooth implementation of the directive. While some emphasized the need for comprehensive and collective awareness campaigns to ensure the exercise's success, others, including the Special Adviser to the President on ICT Development and Innovation, Tokoni Peter, pledged to facilitate the process in line with the Renewed Hope Initiative of the present administration.

Representatives from Opay, Momba, Palmpay Ltd, Pay Stack, Fair Money MFB, Monie Point, and Teasy Pay, who attended the event, later signed a document to support the project.

May 7, 2024 CBN Instructs Banks to Charge 0.5% Cybersecurity Levy on Transactions

CBN Instructs Banks to Charge 0.5% Cybersecurity Levy on Transactions

On Monday, the Central Bank of Nigeria issued a directive instructing banks to implement a 0.5% cybersecurity levy on transactions. The circular, released by the apex bank, specified that the levy's implementation would commence two weeks from the date of its announcement and applied to all commercial, merchant, non-interest, and payment service banks.

This directive was issued in compliance with the Cybercrimes (Prohibition, Prevention, etc...) Act 2015, following a prior letter dated June 25, 2018 (Ref: BPS/DIR/GEN/CIR/05/008) and October 5, 2018 (Ref: BSD/DIR/GEN/LAB/11/023). Additionally, it was prompted by the enactment of the Cybercrime (Prohibition, Prevention, etc) (Amendment) Act 2024, which stipulates a levy of 0.5 percent (0.005) on all electronic transaction values for businesses specified in the Second Schedule of the Act. This levy is to be remitted to the National Cybersecurity Fund, administered by the Office of the National Security Adviser.

All banks, financial institutions, and payment service providers are now mandated to implement this directive. The levy will be applied at the point of electronic transfer origination, deducted, and remitted by the financial institution, with the deducted amount reflected in the customer's account as "Cybersecurity Levy." Deductions will commence within two weeks from the circular's date, with the levies collected remitted monthly to the NCF account domiciled at the CBN by the fifth business day of every subsequent month.

Non-compliance with the directive carries penalties, including fines of not less than two per cent of the defaulting business's annual turnover upon conviction.

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