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DRC threatens deportation of Ugandan ambassador amid tax arrears standoff

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Uganda's Ambassador to DR Congo Farid Kaliisa. PHOTO | MINISTRY OF FOREIGN AFFAIRS

A top Congolese diplomat has threatened to deport Uganda’s ambassador to the Democratic Republic of Congo (DRC), Farid Kaliisa, as tensions escalate over unpaid tax arrears amounting to $443,000 (about Shs1.6 billion) for a Ugandan-owned commercial property in Kinshasa.

According to a source, who requested anonymity due to restrictions on speaking to the media, the threat to declare Ambassador Kaliisa persona non grata was contained in a protest note issued by Ambassador Bernard Mutanda, the director of Protocol at the DRC Ministry of Foreign Affairs, on September 27. 

Delivery note

The note was delivered through Uganda’s deputy ambassador in the DRC, Twaha Matata.

“Ambassador Mutanda advised that Ambassador Kaliisa should refrain from travelling to the DRC. He warned that if he attempts to do so, his visa could be cancelled, or he risks being declared persona non grata,” reads a diplomatic note by Ambassador Matata to Uganda’s Ministry of Foreign Affairs, dated September 30, seen by this publication.

The tensions reportedly stem from Ambassador Kaliisa’s insistence that the taxes and land rent arrears for Uganda’s commercial property in Kinshasa be reduced and paid directly to the DRC’s top revenue agency, instead of individual accounts.

The property, known as Uganda House, located on 17 Avenue Tombalbaye in Kinshasa, was built during Idi Amin's regime in the 1970s and later converted into a commercial building. 

Authorities in Kinshasa, through their Anti-Fraud Brigade (AFB), allege that Uganda has been collecting taxes from tenants for over 10 years without remitting them to the city. 

While Uganda has admitted some responsibility, disagreements over the exact amount owed to Kinshasa City have persisted.

Negotiations

Following negotiations, it was agreed that Uganda would pay arrears covering four years, from 2019 to 2023. However, the AFB provided Ugandan diplomats with the bank account of their lawyer for the payment, which Uganda rejected, citing diplomatic protocols that prevent payments to individual accounts.

Ugandan diplomats instead engaged the DRC’s Ministry of Foreign Affairs, which allowed the funds to be deposited in the ministry’s account, from where Kinshasa authorities would be paid.

The Ministry of Foreign Affairs Permanent Secretary, Mr Vincent Waiswa Bagiire, confirmed that the government had allocated $443,000 for the tax arrears in the current financial year. 

However, disagreements have persisted over the exact payment amount, the correct payee, and which accounts should be used, creating a standoff involving Ugandan embassy staff, Congolese diplomats, tax agencies, and law enforcement officials.

Mr Kaliisa, who questioned the amount to be paid, engaged the Congolese revenue authorities to negotiate the terms. On August 28, he wrote to the Director General of the General Directorate of Taxes (DGRK) in the DRC, seeking to renegotiate the payment amount.

“The purpose of this appointment would be to seek your guidance on how to settle this tax in accordance with the applicable legal and regulatory provisions in the DRC,” Mr Kaliisa wrote.

He proposed that the DGRK take over the matter to expedite resolution and avoid further delays.

Mr Kaliisa’s deputy, Mr Matata, reportedly disagreed, insisting the payment should go through the DRC Foreign Affairs Ministry, following instructions from Kampala. 

A week later, the Anti-Fraud Brigade issued a notice threatening to seize Uganda House if arrears were not paid directly to them.

Payment halted

Mr Kaliisa halted the payment to the DRC Foreign Affairs ministry’s accounts, insisting that the national revenue agency was the appropriate recipient.

“We wanted to pay the rightful amount to save the Ugandan taxpayer’s money,” he said on Sunday.

On September 25, Uganda made a partial payment of $45,000 to the DGRK as negotiations with Congolese tax officials continued.

Mr Kaliisa confirmed the payment, stating: “We have paid the 2023/24 land rent and tax arrears to protect our property as advised by the provincial government of Kinshasa. This will pave the way for further negotiations with the Congolese authorities and ultimately save Uganda taxpayer’s money.”

Two days later, Mr Mutanda summoned Mr Matata and delivered a protest note accusing Mr Kaliisa of engaging with DRC officials without following proper diplomatic channels and of being in the DRC without proper accreditation.

Appointment

Although Mr Kaliisa was appointed by President Museveni two years ago, his accreditation as Uganda’s ambassador to the DRC is still pending.

Responding to accusations of illegally meeting with DRC officials, Mr Kaliisa cited the Vienna Convention, which allows a head of mission to exercise functions provisionally, pending formal accreditation.

He added that the issue of his accreditation was discussed during a recent meeting between President Museveni and the DRC minister of Foreign Affairs, who assured him that it would be resolved soon.

Mr Mutanda’s diplomatic note also highlighted the outstanding payments owed to the Anti-Fraud Brigade, urging that these be settled promptly to avoid further scrutiny of the mission’s financial records. 

Mr Matata reportedly assured him that payment would be finalised by October.

Efforts to obtain a comment from Mr Bagiire were unsuccessful, as questions sent via WhatsApp went unanswered.

Responsibility

Authorities in Kinshasa, through their Anti-Fraud Brigade (AFB), allege that Uganda has been collecting taxes from tenants for over 10 years without remitting them to the city. 

While Uganda has admitted some responsibility, disagreements over the exact amount owed to Kinshasa City have persisted. Following negotiations, it was agreed that Uganda would pay arrears covering four years, from 2019 to 2023. However, the AFB provided Ugandan diplomats with the bank account of their lawyer for the payment, which Uganda rejected, citing diplomatic protocols that prevent payments to individual accounts.

Ugandan diplomats instead engaged the DRC’s Ministry of Foreign Affairs, which allowed the funds to be deposited in the ministry’s account, from where Kinshasa authorities would be paid.