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Former President John Dramani Mahama has challenged President Nana Akufo-Addo to fulfill his promise of retrieving monies owed victims of the Diamond Microfinance Company (DKM) scam.
Mr. Mahama threw the challenge at Wamfie in the Dormaa East Constituency of the Brong Ahafo Region on Saturday.
“When we were in office, the NPP lied that DKM belonged to my wife and I. Today, you are in power, you know who DKM belongs to. You promised that you will collect the people’s money for them when you come into power. Please collect their DKM money and give it back to them.”
The then Presidential Candidate of the New Patriotic Party (NPP) , Nana Addo, had said government will launch an investigation into circumstances surrounding the scandal if voted to office at the December polls.
He said it was clear that the governing National Democratic Congress (NDC) administration led by the then President Mahama had failed to adequately deal with the matter, leading to thousands of Ghanaians losing their monies.
Addressing a gather of party supporters in the Brong Ahafo region to wrap up his campaign tour of the area in 2016, the then NPP flagbearer said his government will ensure that all individuals and groups who were affected by the DKM scandal and other scandals will have their monies refunded.
“I will investigate government’s inability to pay the monies owed as well as investigate the DKM scandal and to ensure that there would be total restoration to all affected in both scandals.”
Thousands of customers of DKM Microfinance Company lost their investments running into millions of cedis after the central bank in 2015 suspended the operations of DKM for violating the Banking Act.
Though the central bank subsequently lifted the ban on the company’s operations, DKM was unable to pay its customers their locked up cash.
The Bank of Ghana confiscated the assets of the company and appointed the Registrar General’s Department to commence liquidation processes to refund customers of the company.
CFR is the abbreviation for “Code of Federal Regulations.” CFR 49 – Transportation, contains nine volumes that cover all forms of surface transportation and transportation security, including: pipelines; railroads, both passenger and freight railways, waterways; cars, trucking, and highways. The nine volumes are:
Within 49 CFR there are 338 parts. The numbers in parenthesis above are the range of part numbers available for use within that section.
The Office of the Federal Register National Archives and Records Administration published 49 CFR in book form. That book contains 907 pages. Yes, there are a lot of regulations in 49 CFR, so any summary can only look at a small part of this CFR.
Important parts of CFR 49 are the regulations covering the transportation of dangerous goods. According to the Federal Motor Carrier Safety Administration (FMCSA) 49 CFR 171 covers the transportation of hazardous materials in commerce, and:
Their offering to interstate, intrastate, and foreign carriers by rail car, aircraft, motor vehicle, and vessel.
The representation that a hazardous material is present in a package, container, rail car, aircraft, motor vehicle, or vessel.
The manufacture, fabrication, marking, maintenance, reconditioning, repairing or testing of a package or container which is represented, marked, certified, or sold for use in the transportation of hazardous materials.
This means that both those transporting hazardous materials in commerce, as well as those offering hazardous materials to be transported, are subject to these regulations.
No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of Part 107 of this chapter, if applicable, and the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized...
Four words are underlined in the above paragraph: person, offer (sometimes stated as the shipper), accept, and commerce. These are four key words because they define who is subject to the 49 CFR regulations – all people who ship (offer), or transport (accept) hazardous materials in a commercial transaction.
Even Federal Agencies, including the Department of Defense, are considered those that "offer" when they ship hazardous materials by commercial carriers.
A government agency may use their own transportation to move a hazardous material. In that case the agency is considered a commercial carrier, and the shipment is subject to 49 CFR. What this means is that all shipments of hazardous materials, whether by rail, truck, or pipeline, are regulated by 49 CFR.
The only time a shipment of hazardous material is not covered by 49 CFR is when the military ships hazardous materials using their own vehicles. However, even those may still be subject to state regulation as a result of regulations governing the use of state and local roads.
When hazardous materials are being transported, a Hazardous Materials Safety Permit (HMSP) must be obtained prior to transportation of any of the following:
More than 25 kg (55 lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container;
A hazardous material in a bulk packaging that has a capacity of 3,500 gallons or more for liquids or gases, or more than 468 cubic feet for solids;
A shipment, in other than bulk packaging, of 5,000 pounds or more of one class of hazardous material, for which the transport vehicle requires placarding;
Compatibility; (49 CFR 173-177 require the assignment of Compatibility group letters for some hazardous materials. These are used to prevent an increase in the hazard level should certain materials be transported together.)
These responsibilities are consistent with international regulations, except for some shipments to and from Canada.
As you can see, in some cases the responsibilities of the shipper and carrier overlap, and either one may do the required task. Without regard to who performs the task, it must be done in compliance with the requirements of 49 CFR.