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Internship Report (RRA)

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par Charles KABERA
Kigali Independant University - Law 2008
  

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3.2 Current status of Smuggling in Rwanda

Despite the continuing efforts by the Customs Services, RPD and other stakeholders to curb this vice, smuggling is still noticeable and evident. Complaints have been lodged by taxpayers that many products are illegally ferried into the country that distort their pricing mechanisms. There is also evidence through captured data that importations of cigarettes, liquors, beers, powdered milk, jewelleries, etc are dismal yet hugely appear on the market suggesting that their only route to the market is through smuggling.

However, apart from irregular smuggling activities at our borders, physical smuggling is no longer as widespread as it used to be in the past as indicated in the table below. Nevertheless, cases of technical smuggling have become very pervasive.

During my visit at borders, it was noted that the regions mostly
affected by smuggling were: Eastern along Uganda, Burundi and
Tanzania borderlines, Western Region bordering Lake Kivu and

1 Article one of Law No 21/2006 of 28/04/establishing Customs system

northern Region along Cyanika-Gatuna border stretch. The table below shows status of smuggling in Rwanda.

Offence Category

 
 
 
 
 
 
 
 
 
 
 
 

U nderval ua tion

 
 
 
 
 
 
 
 

Misclassific ation

 
 
 
 
 
 
 
 

Non declaration

 
 
 
 
 
 
 
 

Fraud Facilitation

 
 
 
 
 
 
 
 

Entry card

abuse

 
 
 
 
 
 
 
 

Exemption abuse

 
 
 
 
 
 
 
 

Removal of seals

 
 
 
 
 
 
 
 

Transit Violation

 
 
 
 
 
 
 
 

False documents

 
 
 
 
 
 
 
 

Other evasions

 
 
 
 
 
 
 
 

Totals

 
 
 
 
 
 
 
 

Source: Customs En forcement Annual Report 2008.

3.3 Classification of smuggling

Generally, smuggling can be classified into physical and technical smuggling.

Physical smuggling refers to importation of goods that evade inspection of Customs Services and payment of duties and taxes by importation of goods through the illegal entries.

Technical Smuggling, on the other hand, involves fraud through the
use of incorrect information in bringing the goods through the legal
points of entry. The most common types of technical smuggling are

undervaluation or understatement of import values, declaration of false origin, poor or incorrect product description, misclassification or the use of another tariff line within the same heading.

3.4 Causes of Smuggling in Rwanda

I carried out interview with different Customs officials and taxpayers to establish the causes of smuggling in Rwanda and observed that there are many causes of smuggling to the extent that one cannot cite them all in this report. However, the major contributory factor to the proliferation of smuggling activities is due to the porous nature of our borders and continued civil unrests in neighbouring countries.

3.4.1 High rates of duties and taxes

Allegedly high tax and duty rates provoke some individuals to smuggle goods into the country. When I visited RPD stores to see the goods that are mostly smuggled, I found that the goods that are predominantly smuggled are the highly taxed goods like liquors and wines, beers, cigarettes, etc. these goods are taxed at 30% rate and consumption tax is imposed is imposed on them.

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