The Federal Ministry Of Interior Directs Prompt Filing Of Expatriate Quota Monthly Returns On The E-Citibiz Portal.

Summary

The Nigerian Federal Ministry of Interior ('FMI') has released a new circular directing all companies utilizing its services promptly file their quota returns on FMI's Official Website(e-CITIBIZ) or otherwise pay a penalty fee.

Background

The FMI Monthly Quota Return is a periodic report detailing the status of Expatriate Quota ('EQ') positions granted by the FMI to Nigerian Companies. The quota return provides detailed information on the utilization of expatriate positions, work-force composition, understudies, and any other relevant data.

The FMI has once again set out to clamp down on defaulting companies and implement the mandatory e-filing of the Monthly Quota Returns by releasing a public notice directing all companies utilizing the services of the Ministry specifically with Expatriate Quota positions, to electronically submit their Monthly Quota Returns promptly on the e-CITIBIZ platform. Companies who default in complying with this directive will pay a punitive fine to be implemented from June 2024 (the "Effective Date")

The FMI had earlier issued its guideline in January 2022, which applies to companies that have been issued or are interest-ed in obtaining EQ Approvals. The guideline specifies a requirement for companies that have been granted EQ positions to electronically submit their Monthly Quota Returns through the e-CITIBIZ platform. In furtherance of the guideline, the FMI had issued a public notice on November 8, 2023, directing all companies that have been granted EQ positions to promptly submit their Monthly Quota Returns on the e-CITIBIZ platform from November 8, 2023.

It is noteworthy that companies are to promptly file their monthly returns within the first ten (10) days of each month to avoid defaulting and incurring liability to pay a fine. The FMI public notice also specifies that the implementation of the fines against defaulting companies will commence from the Effective Date.

Need-to-know Information.

1. The requirement for prompt filing of the monthly quota returns on the e-CITIBIZ platform (https://ecitibiz.interior.gov- .ng/account/login) is mandatory and companies are required to immediately comply with the filing requirements.
   
   
2. The filing of the FMI Monthly Quota Returns is an additional compliance requirement and does not replace the Monthly Quota Returns filing at the Nigerian Immigration Service.
   
   
3. With effect from June, 2024, companies who fail to promptly file the monthly returns electronically on the e-CITIBIZ platform within the first ten (10) days of each month will incur financial penalties for non-compliance. The breakdown of the penalties for failure to file are as follows:
   
   
   1. within ten (10) days - One Hundred Thousand Naira (N100,000.00)
      
      
   2. after twenty (20) days - One Hundred and Fifty Thousand Naira (N150,000)
      
      
   3. after twenty-five (25) days - Two Hundred Thousand Naira (N200,000) respectively.
      
      
4. Companies with subsisting expatriate quota positions, whether currently utilized or unutilized, are mandated to submit monthly quota returns to the FMI through the e-CITIBIZ platform.
   
   
5. The e-filing requirement is an ongoing obligation, therefore, all companies with subsisting expatriate quota positions must consistently and promptly submit their quota returns through the e-CITIBIZ platform within the first ten (10) days of each month to avoid penalties.

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