Even as the scrap iron industry will get a partial green light to return to work from the Government by the end of the month, Attorney General Reginald Armour says many containers bound for export are still being found with copper.
“I can tell the public that a lot of copper has been found in those containers. Notwithstanding the fact that there was the recognition that the copper was the product of larceny of infrastructure,” Armour said yesterday during a media conference at his Port-of-Spain offices announcing the reopening of the industry.
Armour said police will continue investigations into the instances of theft detected.
From February 24, when there will be a partial proclamation of the Scrap Metal Act (No 24 of 2022), licensed scrap iron dealers will be able to resume work after a months-long ban. The act will be fully proclaimed by April 14. No new licenses or variations will be granted during the period.
However, there will continue to be a ban on the export of copper for a year.
“There is a complete ban on the export of copper for one year from the 24th of February, whilst the Government looks to see how the system can be better regulated, so as not to return to the wild west days of pre-April 2022 to August, when there was a proliferation of criminal activity in which copper installations and copper were being stripped out of very serious infrastructural support for the country,” Armour said.
Under the new legislation, any person who wishes to export scrap metals will be required to submit a written notice to the Minister of Trade and Industry and the Commissioner of Police seven days before export.
There are strict regulations to be followed before the export of scrap metal. Exporters must have the approved and signed scrap metal export transaction ledger form, which must then be submitted to the Trade Licensing Unit and signed off by a police officer who witnessed the actual loading of the container.
The law requires dealers to allow inspection of their sites. They must consent to the entry of authorised police officers onto their premises. Authorised officers are considered police constables of the supplemental police, environmental officers, public health inspectors and scrap metal inspectors who are currently being recruited and trained.
Dealers will be given forms by which they will signify in writing their consent to allowing officials to enter their properties.
Scrap iron dealers will also need to keep meticulous records of who sells them metals.
Minister of Trade and Industry Paula Gopee-Scoon said the dealer is required to note the seller’s date of birth, gender, race, eye colour, hair colour, residential address and telephone number, business address and telephone number if applicable.
The dealers must also make a description of the scrap metal, including any serial numbers and unique identification marks, including numbers or letters, engravings, patterns, weight, brand name, model number, colour or size.
They will be held responsible if anyone selling to them provides false information.
“If they fail to verify the source and it turns out they (the seller) provide false information, the scrap metal dealer will be the principal person,” Armour said.
“If they accept information from persons without taking the time and the trouble to verify the accuracy of the information, that’s the risk they are going to have to live with.”
The ministers said there would be a zero-tolerance approach to illegal activity.
Anyone conducting business without a license can face a fine, on summary conviction, of $300,000 and imprisonment for three years or, on indictment, a fine of $500,000 and imprisonment of up to five years.
As a further incentive to avoid undercover activity, scrap iron dealers are now only allowed to conduct business between 7 am and 6 pm.
Contacted yesterday, Scrap Iron Dealers’ Association president Allan Ferguson said while he welcomed and thanked the Government for the opportunity to resume work in the industry, he had serious problems with some of the measures, namely having to verify the validity of IDs given to them by sellers.
“We are to pay for somebody who committed fraud on us,” Ferguson said.
“We are not police, we are not investigators. How we could know that? We are not the people to do all these things. We know bout scrap! “
He also had an issue with the seven-day requirement to inform the minister and the police before export. He said he will hold a meeting with his members before briefing the public further.