Gen Akol Ayii, the Commissioner for Customs Service addressing the press in Juba - credit | Eye Radio | July 23, 2021

The Commissioner for Customs Service has criticized the Commissioner-General of the National Revenue Authority for taking a unilateral decision to implement an exchange tax rate on imported goods.

On 15^th July, the Commissioner-General of the National Revenue Authority issued a circular revising and elevating several taxes, fees, with effect from Monday this week.

According to the circular, the exchange rate for the conversion of merchandise value from USD to SSP is increased by 100 percent, from 45 SSP per 1 US dollar t0 90SSP per 1 US dollar.

However, the decision to double the custom exchange rate reportedly caused an influx of commercial trucks at Nimule border point this week, as importers could not afford the new tax clearance.

Clearing agents also protested the move citing its abrupt enforcement without notifying importers.

In response, the Commissioner for Customs Service Major General Akol Ayiii says Dr. Patrick Kennedy Mugoya issued the circular without consulting him.

“Regarding what he wrote, it was several circulars, like six letters authorizing me not to write any official letter out and in, not to make any transfer, appointed people and taking people from officer without informing me,” said Ayii.

General Ayii also said Commissioner-General Mugoya has taken another unilateral decisions to over-staff the NRA and custom service without his notice.

“He has already over-staffed NRA without my notice, more 75 officers and, in our Police Act you are not supposed to assign an officer a Bridger or Colonel when the chief of Customs has not mandated you, and this he does it several times and he doesn’t understand,” he said.

In the letter dated 18^th July 2022 and addressed to the NRA boss, Gen. Akol Ayii said Dr. Mugoya has overstepped his mandate, and undermined his constitutional powers and responsibilities.

In what appeared to be a crisis over supremacy within the revenue sector, General Ayii attacked Dr. Mugoya, accusing him of making up unprincipled and misguided circulars in disregard of the law, in what appeared to be a struggle for supremacy.

“Your circulars are received by my office and seem to be unprincipled and misguided based on how you make them up without lawful conformity and respect for the constitution,” reads the statement by General Akol Ayii.

Ayii said any communication and information to Chief Customs Officers should be channeled through his office and the sequence of administrative commands of the institution.

He said the July directive shall not be applicable until a consultation is done with the Office of the President and the Ministry of Finance.

However, the head of the Revenue Authority Dr. Patrick Kennedy Mugoya said the decision is to implement the Financial Act 2021/2022, previously passed by the parliament and signed by President Salva Kiir last month.

Dr. Mugoya directed all custom institutions tasked with revenue collections in the country to reinforce the law without delay.

This year, President Kiir issued a Republican Order transferring the Customs Service to be under the supervision of the National Revenue Authority.

The decree did not, however, spell out the mandates of the two institutions.