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Contents 1 Background 2
RWANDA – COUNTRY PROFILE Contents 1 Background 2 6 Doing business in Rwanda 7 1.1 Background 2 6.1 Openness to, and restrictions upon, foreign investment 7 6.2 Conversion and transfer policies 7 6.3 Expropriation and compensation 8 6.4 Dispute settlement 8 6.5 Performance requirements/incentives 8 6.6 Right to private ownership and establishment 9 6.7 Protection of property rights 9 6.8 Transparency of the regulatory system 9 6.9 Efficient capital markets and portfolio investment 9 2Population 2 2.1 Population figures 2 2.2 Population growth rate 2 2.3 Age structures (2012 estimates) 2 2.4 Gender ratios (2012 estimates) 2 2.5 Life expectancy (2011 estimates) 2 2.6 Ethnic groups 2 2.7Religion 2 2.8Language 2 2.9Education 3 2.10Health 3 3Economy 3 3.1 Latest Economic indicators 4 6.14Labour 10 3.2 Two-year forecast summary 4 6.15 Foreign trade zones/free ports 11 4 Government and Politics 5 6.16 Foreign direct investment statistics 11 4.1 Political structure 5 6.17 Starting a business in Rwanda 11 5 Transport and Communications 6 7 11 6.10 Competition from state-owned enterprises (SOEs) 10 6.11 Corporate social responsibility 10 6.12 Political violence 10 6.13Corruption 10 Country Outlook 6 7.1Overview 11 6 7.2 Domestic politics 11 6 7.3 International relations 11 5.4Railways 6 7.4 Policy trends 12 5.5Telecommunications 6 7.5 Economic growth 12 7.6 External account 12 5.1Roads 5.2 Air transport 5.3Waterways A.1 Appendix two – sources of information © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 12 1 1Background 2.4 Gender ratios (2012 estimates) 1.1Background In 1959, three years before independence from Belgium, the majority ethnic group, the Hutus, overthrew the ruling Tutsi king. Over the next several years, thousands of Tutsis were killed, and some 150,000 driven into exile in neighbouring countries. The children of these exiles later formed a rebel group, the Rwandan Patriotic Front (RPF), and began a civil war in 1990. Under 15 years 1.02 male / female 15 – 64 years 0.99 male / female 65 years and over 0.67 male / female Total population 0.99 male / female Source: CIA World Factbook 2.5 Life expectancy (2011 estimates) The war, along with several political and economic upheavals, exacerbated ethnic tensions, culminating in April 1994 in a state-orchestrated genocide, in which Rwandans killed up to a million of their fellow citizens, including approximately three-quarters of the Tutsi population. The genocide ended later that same year when the predominantly Tutsi RPF, operating out of Uganda and northern Rwanda, defeated the national army and Hutu militias, and established an RPF-led government of national unity. Approximately 2 million Hutu refugees – many fearing Tutsi retribution – fled to neighbouring Burundi, Tanzania, Uganda, and Zaire. Since then, most of the refugees have returned to Rwanda, but several thousand remained in the neighbouring Democratic Republic of the Congo (DRC, the former Zaire) and formed an extremist insurgency bent on retaking Rwanda, much as the RPF tried in 1990. Rwanda held its first local elections in 1999 and its first postgenocide presidential and legislative elections in 2003. Rwanda in 2009 staged a joint military operation with the Congolese Army in DRC to rout out the Hutu extremist insurgency there and Kigali and Kinshasa restored diplomatic relations. Rwanda also joined the Commonwealth in late 2009. 2Population 2.1 Population figures Rwanda has a population of 11,689,696 (July 2012 est.). At 408 inhabitants per square kilometre (1,060 /sq mi), Rwanda’s population density is amongst the highest in Africa. Historians such as Gérard Prunier believe that the 1994 genocide can be partly attributed to the population density. The population is predominantly rural, with a few large towns; dwellings are evenly spread throughout the country. The only sparsely populated area of the country is the savanna land in the former province of Umutara and Akagera National Park in the east. Kigali is the largest city, with a population of around one million. Total population 58.44 years Male 56.96 years Female 59.96 years 2.6 Ethnic groups Rwanda has been a unified state since pre-colonial times with only one ethnic group, the Banyarwanda. This contrasts with the majority of modern African states, whose borders were drawn by colonial powers and did not correspond to ethnic boundaries or pre-colonial kingdoms. Within the Banyarwanda people, there are three s eparate groups, the Hutus (84% of the population), Tutsis (15%) and Twas (1%). Unlike the disparate ethnic groups of neighbouring Uganda and Tanzania, these three groups share a common culture and language and are classified as social groups rather than tribes. The Tutsis were traditionally the ruling class, from whom the Kings and the majority of chiefs were derived, while the Hutus were agriculturalists. The Twas are a pygmy people thought to descend from Rwanda’s earliest inhabitants. The current government discourages the Hutu/Tutsi/Twa distinction, and has removed the classification from identity cards. 2.7Religion Most Rwandans are Christian, but there have been significant changes since the Genocide, with many conversions to Evangelical Christian faiths and Islam. Catholics represent 56.5 % of the population, Protestants 37.1 % (of whom 11.1 % are Seventh Day Adventists) and Muslims 4.6%. 1.7 % claim no religious beliefs. Traditional African religion, despite officially representing only 0.1 % of the population, retains an influence. Many Rwandans view the Christian God as synonymous with the traditional Rwandan God Imana. 2.8Language The country’s principal language is Kinyarwanda, which is spoken by most Rwandans. The major European language introduced during colonialism was French. The influx of former refugees from Uganda and elsewhere has created a linguistic divide between the English-speaking population and the French-speaking remainder of the country. Rwandan, English and French are all official languages. Rwandan is the language of government and English is the primary educational medium. Swahili, the lingua franca of East Africa, is also widely spoken, particularly in rural areas. 2.2 Population growth rate 2.751% (2012 est.). 2.3 Age structures (2012 estimates) Total percentage Male Female 0 – 14 years 42.9% 2,454,924 2,418,504 15 – 64 years 54.7% 3,097,956 3,123,910 65 years and over 2.4% 110,218 164,913 Source: CIA World Factbook © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 2 2.9Education The Rwandan government provides free education in state-run schools for nine years – six years in primary and three years following a common secondary programme. President Kagame announced during his 2010 re-election campaign that he plans to extend this free education to cover the final three secondary years. Many poorer children still fail to attend school due to the necessity of purchasing uniforms and books and commitments at home. 3Economy There are many private schools across the country, some churchrun, which follow the same syllabus but charge fees. A very small number offer international qualifications. Minerals exports declined 40% in 2009-10 due to the global economic downturn. The 1994 genocide decimated Rwanda’s fragile economic base, severely impoverished the population, particularly women, and temporarily stalled the country’s ability to attract private and external investment. However, Rwanda has made substantial progress in stabilising and rehabilitating its economy to pre-1994 levels. GDP has rebounded with an average annual growth of 7%-8% since 2003 and inflation has been reduced to single digits. Nonetheless, a significant percent of the population still live below the official poverty line. From 1994 until 2009, secondary education was offered in either French or English; due to the country’s increasing ties with the East African Community and the Commonwealth, only the English syllabuses are now offered. The country has a number of higher establishments, with the National University of Rwanda (UNR), Kigali Institute of Science and Technology (KIST) and Kigali Institute of Education (KIE) being the most prominent. In 2009, the gross enrolment ratio for tertiary education in Rwanda was 5%. The country’s literacy rate, defined as those aged 15 or over who can read and write, was 71% in 2009, up from 38% in 1978 and 58% in 1991. 2.10Health The quality of healthcare is generally low, with one in five children dying before their fifth birthday, often from malaria. There is a shortage of qualified medical professionals in the country, and some medicines are in short supply or unavailable. 87% have access to healthcare but there are only two doctors and two paramedics per 100,000 people. The government is seeking to improve the situation as part of the Vision 2020 development programme. In 2008, the government spent 9.7% of national expenditure on healthcare, compared with 3.2% in 1996. It also set up training institutes including the Kigali Health Institute (KHI) and started a social service scheme. Prevalence of some diseases is declining, including the elimination of maternal and neonatal tetanus and a sharp reduction in malaria morbidity, mortality rate and specific lethality, but Rwanda’s health profile remains dominated by communicable diseases. HIV/ AIDS prevalence in the country is classified by the World Health Organisation as a generalised epidemic. An estimated 7.3% of urban dwellers and 2.2% of rural dwellers, ages between 15 and 49 are HIV positive. Rwanda is a poor rural country with about 90% of the population engaged in (mainly subsistence) agriculture and some mineral and agro-processing. Tourism, minerals, coffee and tea are Rwanda’s main sources of foreign exchange. Despite Rwanda’s fertile ecosystem, food production often does not keep pace with demand, requiring food imports. Rwanda continues to receive substantial aid money and obtained IMF-World Bank Heavily Indebted Poor Country (HIPC) initiative debt relief in 200506. In recognition of Rwanda’s successful management of its macro economy, in 2010, the IMF graduated Rwanda to a Policy Support Instrument (PSI). Rwanda also received a Millennium Challenge Threshold Programme in 2008. Africa’s most densely populated country is trying to overcome the limitations of its small, landlocked economy by leveraging regional trade. Rwanda joined the East African Community and is aligning its budget, trade, and immigration policies with its regional partners. The government has embraced an expansionary fiscal policy to reduce poverty by improving education, infrastructure, and foreign and domestic investment and pursuing market-oriented reforms. Energy shortages, instability in neighbouring states, and lack of adequate transportation linkages to other countries continue to handicap private sector growth. The Rwandan government is seeking to become regional leader in information and communication technologies. In 2010, Rwanda neared completion of the first modern Special Economic Zone (SEZ) in Kigali. The SEZ seeks to attract investment in all sectors, but specifically in agribusiness, information and communications technologies, trade and logistics, mining, and construction. The global downturn hurt export demand and tourism, but economic growth is recovering, driven in large part by the services sector, and inflation has been contained. On the back of this growth, government is gradually ending its fiscal stimulus policy while protecting aid to the poor. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 3 3.1 Latest Economic indicators 2 Qtr Prices Consumer prices (av; 2005=100) Consumer prices (% change, year on year) Financial indicators Exchange rate Rwfr:US$ (av) Exchange rate Rwfr:US$ (end-period) Deposit rate (av; %) Lending rate (av; %) Money market rate (av; %) Foreign reserves (US$ m) Reserves excl gold (end-period) 2010 3 Qtr 2011 4 Qtr 1 Qtr 2 Qtr 3 Qtr 2012 1 Qtr 4 Qtr 155 4 155.1 2.2 155.8 0.2 157.3 2.6 163 5.1 161.1 3.9 168 7.9 169.8 7.9 581 588.6 6.7 16.8 6.6 592.9 590 6.2 17.1 7.4 588.7 594.5 6.9 16.7 6.8 601.5 600.5 7.5 16.6 6.7 601.5 602.4 8.2 16.6 7 600.8 600 n/a 16.9 6.9 603.6 604.1 n/a n/a n/a 609 606.8 n/a n/a n/a 783.3 777.3 812.8 706.5 747.7 825.5 1050 899.6 Source: Economist Intelligence Unit Foreign reserves (US$m) Exchange rate 3.2 Two-year forecast summary (% unless otherwise indicated) 2010 (a) 2011 (b) 2012 (c) 2013 (c) Real GDP growth 7.5 8.6 6.5 7.8 Consumer price inflation (av) 2.3 4.9 8.5 6.7 Deposit rate 6.8 7.9 8.2 7 Government balance (% of GDP) -0.1 -3.5 -1.8 -4 Exports of goods fob (US$ m) 297 372.6 358.1 389.5 Imports of goods fob (US$ m) 1,084.0 -1,367.9 -1,414.1 -1,461.8 -421 -692.2 -657.8 -528.5 -7.6 -11.5 -9.8 -6.7 Current-account balance (US$ m) Current-account balance (% of GDP) External debt (year-end; US$ bn) 0.8 0.9 0.9 1 Exchange rate Rwfr:US$ (av) 583.11 601.83 624.75 632.25 Exchange rate Rwfr:US$ (end-period) 594.45 604.14 622.78 641.84 Exchange rate Rwfr:¥100 (av) 664.51 754.18 788.21 761.73 Exchange rate Rwfr:€ (av) 773.68 837.58 798.68 798.22 a) Actual; b) Economist Intelligence Unit estimates; c) Economist Intelligence Unit forecasts Source: Economist Intelligence Unit © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 4 4Government and Politics 4.1 Political structure Official name République Rwandaise Key ministers • President: Paul Kagame Form of state Unitary republic • Agriculture and Animal Resources: Agnes Kalibata Legal system The Rwandan legal system is based on Belgian law and a constitution introduced in June 2003. • Defence: James Kabarebe National legislature National Assembly, with 80 members: 53 directly elected and 27 indirectly elected by representatives of special interest groups; Senate, with 24 members: 16 indirectly elected and eight appointed by the President. • Prime Minister: Pierre Damien Habumuremyi • Cabinet Affairs and Information: Protais Musoni • East African Community: Monique Mukaruliza • Education: Vincent Biruta • Energy and Water: Isumbingabo Emma Francoise • Finance and Economic Planning: John Rwangombwa • Foreign Affairs and Co-operation: Louise Mushikiwabo National elections The last legislative elections were held in September 2008 and the last presidential elections were held in August 2010. The next legislative election is due in September 2015 and the next presidential election is due in August 2017. • Gender and Family Promotion: Aloysia Inyumba Head of state The President, elected by universal suffrage to a second and final seven-year term in August 2010. • Justice/Attorney-general: Tharcisse Karugarama National government Appointed by the President in September 2010. Main political parties and political forces • Rwandan Patriotic Front (RPF) • Parti démocrate centriste (PDC) • Parti libéral (PL) • Parti social démocrate (PSD) • Ideal Democratic Party (IDP) The externally based opponents of the government include Forces de résistance pour la démocratie (FRD), Rassemblement pour le retour des réfugiés et la démocratie au Rwanda (RDR), and rebels based in the Democratic Republic of Congo, Forces démocratiques de libération du Rwanda (FDLR), which include the former Interahamwe and members of the former Rwandan army (Forces armées rwandaises – FAR) • Health: Agnes Binagwaho • Infrastructure: Albert Nsengiyumva • Internal Security: Sheikh Hererimana Mussa Fazil • Local Government: James Musoni • Natural Resources: Stanislas Kamanzi • President’s Office: Venantia Tugireyezu • Public Service and Labour: Anastase Murekezi • Sports and Culture: Joseph Habineza • Trade and Industry: François Kanimba • Youth, Sports and Culture: Jean Philbert Nsengimana • Central Bank Governor: Claver Gatete International organisation participation • ACP • AfDB • AU • CEPGL • COMESA • EAC • EADB • FAO • G-77 • IAEA • IBRD • ICAO • ICRM • IDA • IFAD • IFC • IFRCS • ILO • IMF • Interpol • IOC • IOM • IPU • ISO (correspondent) • ITSO • ITU • ITUC • MIGA • NAM • OIF • OPCW • UN • UNAMID • UNCTAD • UNESCO • UNIDO • UNISFA • UNMISS • UNWTO • UPU • WCO • WHO • WIPO • WMO • WTO © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 5 5Transport and Communications The transport system in Rwanda centres primarily around the road network, with paved roads between the capital, Kigali and most other major cities and towns in the country. Rwanda is also linked by road with other countries in East Africa, via which the majority of the country’s imports and exports are made. The country has an international airport at Kigali, serving one domestic and several international destinations, and also has limited transport between the port cities on Lake Kivu. There are currently no railways in Rwanda. A large amount of investment in the transport infrastructure has been made by the government since the 1994 genocide, with aid from the European Union, China, Japan and others 5.1Roads Rwanda has a total of 12,000 km of roads, of which 1,000 km are paved. The remainder are dirt roads with quality varying from smooth hard surfaces with drainage to rutted, extremely uneven tracks passable only with a four-wheel drive vehicle. Most of the main towns in the country are now connected by paved road. The condition of these roads was until recently very poor, with numerous pot-holes and vehicles often driving on the dirt verges since these were deemed smoother than the road itself. A recent government programme of upgrading and resurfacing means that most major routes are now in good condition. The major urban arteries of Kigali, as well as the high streets in Ruhengeri, Kibuye and Gisenyi are dual carriageways, but all national long distance roads are single carriageway. There are no motorways in Rwanda. 5.2 Air transport The country’s main air gateway is Kigali International Airport, which is located at Kanombe, a suburb approximately 10 km from Kigali city centre. The airport has international flights to Lagos, Brazzaville, Dubai, Nairobi, Entebbe, Addis Ababa, Bujumbura, Johannesburg, Amsterdam, Brussels and soon Doha and is the main airport for the national carrier RwandAir. There are plans being discussed to build a new airport at Nyamata in Bugesera district, approximately 40 km from Kigali which would be much bigger and could act as a hub for the entire region. This would be done in conjunction with an upgrade to the road in that area as mentioned above. The only other airport in the country with passenger service is Kamembe Airport, which is in the city of Cyangugu. RwandAir operates a service between Kigali and Kamembe, which serves southwestern Rwanda and the Congolese city of Bukavu. 5.4Railways There are currently no railways in Rwanda. In 2006, China promised to fund a study to build a rail link from Bujumbura in Burundi via Kigali in Rwanda to Tanzania, which would be 1,000 mm (3 ft 3 3⁄8 in) gauge. Alternatively, the Northern Corridor Transit Coordination Authority has proposed railway connection from Rwanda and Burundi via Congo to connect to the southern Africa 1,067 mm (3 ft 6 in) (Cape gauge) railway network. 5.5Telecommunications The aftermath of the 1994 genocide and a monopolistic market structure until 2006 have weighed on the Rwandan telecommunications sector, but the country is now rapidly catching up with other markets in Africa. Mobile market penetration is still significantly below the regional average. The country has been slow to liberalise the sector, allowing South Africa’s MTN a monopoly until 2006 when the fixed-line incumbent, Rwandatel became the second mobile operator. The launch of a third network (Millicom/Tigo) in 2009 sparked a new subscriber growth phase, but the average revenue per user has more than halved since then. Rwandatel’s mobile licence was cancelled in 2011 and its Libyanowned assets frozen under a UN resolution, to be sold in 2012. Bharti Airtel of India was licensed as the country’s new third mobile network, and a fourth operator may be licensed in the future. Third-generation mobile services have been launched, providing an opportunity for operators to improve ARPU by offering broadband services. Rwanda’s internet and broadband sector has suffered from limited fixed-line infrastructure and high prices, but developments in the fixed network market are beginning to change this. The operators are rolling out national fibre-optic backbone networks which also allow them to connect to the international submarine fibre-optic cables that landed on the African east coast in 2009 and 2010. These cables have given the entire region fibre-based international bandwidth for the first time and brought to an end its dependency on satellites. The price for international internet bandwidth is expected to fall to a fraction of the current level. Several ISPs are rolling out WiMAX wireless broadband networks. They have adopted VoIP internet telephony although the technology has not yet been officially deregulated, which potentially turns them into converged fixedwireless voice and data/broadband service providers. Rwanda is also a key partner in the One Laptop per Child project and has a major e-government programme. 5.3Waterways Lake Kivu is by far the largest of Rwanda’s lakes, forming the border with the DRC. There are occasional boat services between the major ports of Cyangugu, Kibuye and Gisenyi but these do not run to a regular timetable and often have to be chartered. There are also boats used to ferry people to some of the islands in the lake, but these also do not run regularly. Local fishermen operate along the entirety of the lakeshore, usually in dug-out canoes or other hand-crafted boats. The Rwandan navy operates a few boats on the lake to protect the country against infiltrators from the Congolese side. Transport on Rwanda’s other major lakes is mostly limited to ferries, usually local boats similar to those used to fishing, which transport people from one side to the other. Some lakes have resort bars and hotels, such as Jambo Beach on Lake Muhazi, which can offer a pleasure cruise to their customers in their own speed boat. Local fishermen operate on most lakes. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 6 6Doing business in Rwanda 6.1 Openness to, and restrictions upon, foreign investment The Government of Rwanda recognises the private sector is an essential engine of development and welcomes Foreign Direct Investment (FDI). Since 2008 the government has undertaken a series of pro-investment policy reforms to ensure Rwanda remains competitive in attracting foreign investment. As a result, the World Bank recognised Rwanda as the world’s top business climate reformer in 2009 and the second most improved in 2010. Rwanda now ranks third in sub-Saharan Africa, behind only Mauritius and South Africa. The Rwanda Development Board (RDB) was established in 2008 to fast track development projects and to facilitate new investment. RDB consolidates several government agencies previously involved in promoting investment including the Rwanda Investment and Export Promotion Agency (RIEPA), the Rwanda Commercial Registration Service Agency (RCRSA), the Human Resource and Institutional Capacity Development Agency (HIDA), the Rwanda Information and Technology Agency (RITA) and the Rwanda Office of Tourism and National Parks (ORTPN). The establishment of RDB builds on the investment law of 2006 which assists investors in obtaining necessary licenses, visas, work permits, and tax incentives and which remains in full force. The law provides permanent residence and access to land for investors who deposit US$ 500,000 in a commercial bank in Rwanda for a period not less than six months. This law also fixes the minimum initial capital investment requirement for foreign investors at US$ 250,000 to qualify for tax and other investment incentives. Despite RDB’s role in facilitating FDI, international investors have remarked that they have faced difficulty in obtaining or renewing visas and that tax incentives and import duties have been applied inconsistently. RDB provides investors with a “one-stop” investment services centre. Through the one-stop centre RDB assists potential investors in securing all required approvals, certificates, work permits, tax incentives and land registrations. Foreign investors who pass through RDB have not reported any discrimination. By law, foreign firms are treated equally with regard to taxes, access to licenses, approvals, and procurement. No statutory limits on foreign ownership or control exist, and there is no official economic or industrial strategy that has discriminatory effects on foreign investors. Rwanda is still developing its legal infrastructure. Specialised commercial courts began operations in 2008 and, with the help of foreign commercial judges, have largely cleared a substantial backlog of cases. Despite this, the Heritage Foundation’s 2011 Economic Freedom Index raises concerns regarding a lack of independence and capacity in the judicial system as well as corruption in legal processes. Investors have commented that the sanctity of contracts is not always upheld and court judgments are not always enforced in a timely fashion. In 2008, the government implemented business reform legislation, which included new bankruptcy regulations and arbitration laws. In 2009 it approved a new Intellectual Property law. A company law also adopted in 2009 strengthened investor protections by requiring greater corporate disclosure, increasing the liability of directors and improving shareholders’ access to information. In 2011, the Government of Rwanda reformed tax payment processes and enacted additional laws on insolvency and arbitration. These laws were designed to facilitate international business and to further improve the investment climate. There is no mandatory screening of foreign investment. However, RDB does evaluate business plans of investors seeking tax incentives in order to record incoming foreign investment and to better allocate investment incentives to qualified foreign investors. The government encourages foreign investment through outreach and tax incentives. The only difference in treatment between foreign and domestic companies is the initial capital requirement for official registration – US$ 250,000 for foreign investors; US$ 100,000 for domestic investors. There are no reports of foreign investors declining to invest due to these differing treatments. Foreign investors can start a new business irrespective of the initial capital requirement. Foreign investors can acquire real estate, but there is a general limit on land ownership. Although land is owned by the state, both foreign and local investors can acquire land through lease-hold agreements that extend to a maximum of 99 years. The government established the Privatisation Secretariat and the Rwanda Public Procurement Agency to ensure transparency in government tenders and divestment of state-owned enterprises. Rwanda’s ranking in Transparency International’s “Corruption Perception Index” has improved significantly, falling from 102 in 2008 to 49 in 2011. The index rated Rwanda as the “least corrupt” country in East Africa. Despite the strong improvement in these rankings, the most recent Auditor General report to Rwanda’s Parliament highlighted that over US$2.6 million of tenders were awarded in breach of Rwandan procurement law in 2010. Some of the entities applying inappropriate procurement methods were the Ministry of Infrastructure, the Prime Minister’s Office and the Office of the Ombudsman. There are no laws requiring private firms to adopt articles of incorporation or association which limit or prohibit foreign investment, participation, or control. The World Bank, Transparency International, the Heritage Foundation and MCC have all reported improved business climate indicators over the last three years. Measure Year Index/Ranking TI Corruption Index 2011 5/49 Heritage Economic Freedom 2011 62.7/75 World Bank Doing Business 2012 (published in 2011) 45 MCC Government Effectiveness 2012 (published in 2011) 0.81/97% MCC Rule of Law 2012 (published in 2011) 0.62/92% MCC Control of Corruption 2012 (published in 2011) 1.27/100% MCC Fiscal Policy 2012 (published in 2011) 0.6/88% MCC Trade Policy 2012 (published in 2011) 78.0/82% MCC Regulatory Quality 2012 (published in 2011) 0.56/92% MCC Business Start Up 2012 (published in 2011) 0.994/100% MCC Land Rights Access 2012 (published in 2011) 0.823/93% MCC Natural Resource Management 2012 (published in 2011) 70.04/73% 6.2 Conversion and transfer policies There is no difficulty obtaining foreign exchange, or transferring funds associated with an investment into a freely usable currency and at a legal market clearing rate. In 1995, the government established a market-determined exchange rate system under which all lending and deposit interest rates were liberalized. The central bank holds daily foreign exchange sales freely accessed by commercial banks. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 7 Investors can remit payments only through authorised commercial banks. There is no limit on the inflow of funds, but the central bank requires justification for all transfers over US$ 20,000 to facilitate the oversight of potential money laundering. Additionally, there are some restrictions on the outflow of export earnings. Companies generally must repatriate export earnings within three months after the goods cross the border. Tea exporters must deposit sales proceeds soon after auction in Mombasa. Repatriated export earnings deposited in commercial banks must match the exact declaration the exporter used crossing the border. Rwandans working overseas can freely make remittances to their home country. It usually takes two to three days to transfer money using SWIFT financial services. Other financial services companies such as Western Union and Money Gram are also available to investors seeking to transfer funds. Since January 2007, the Rwandan Franc (RwF) has been convertible for essentially all business transactions. Rwanda has a liberal monetary system and complies with International Monetary Fund (IMF) Article VIII and all Organisation for Economic Cooperation and Development (OECD) convertibility requirements. 6.3 Expropriation and compensation The government reserves the right to expropriate property “in the public interest” and “for qualified private investment” under the expropriation law of 2007. The government and land owner negotiate compensation directly depending on the importance of the investment and the size of the expropriated property. RDB may facilitate expropriation in cases where the expropriation is potentially controversial. Valuation of expropriated property is often opaque and controversial. In the past several years, a number of property owners have protested expropriation of their property by the city of Kigali and claimed the compensation offered was below market value and not in accordance with the expropriation law. Currently, implementation of the Kigali City Master Plan is creating additional threatened expropriations, with property owners being compelled to construct multi-story commercial developments or face potential eviction from their property. Rwanda’s 2007 Law Relating to Expropriation in the Public Interest requires compensation to be paid to property owners prior to relocation or expropriation. In practice, however, this procedure has not always been followed. There are no laws that require local ownership, but the Organic Land Law allows the Government to expropriate land that is “underutilised.” 6.4 Dispute settlement The government established an arbitration centre in 1998 as an alternative dispute resolution mechanism, but it has not lived up to expectations according to businesses that have utilised it. Rwanda is a member of the International Centre for the Settlement of Investment Disputes (ICSID) and African Trade Insurance Agency (ATI), which are supported by the World Bank and Lloyds of London. ATI covers risk against restrictions on import and export activities, inconvertibility, expropriation, war, and civil disturbances. Rwanda is also a member of the East African Court of Justice for the settlement of disputes arising from or pertaining to the East African Community (EAC). In 2008, Rwanda opened specialised commercial courts to address commercial disputes and facilitate enforcement of property and contract rights. To clear a backlog of commercial cases, Rwanda hired experienced foreign judges who presided over Rwandan commercial trials. Their role was positively received and non-controversial. The law governing commercial establishments, the investment law, the law on privatisation and public investment, the land law and the law on protection and conservation of the environment currently are the main laws governing investments in Rwanda. Judgments of foreign courts and contract clauses choosing foreign governing law are accepted and enforced by local courts. Local courts lack experience adjudicating cases with non-Rwandan governing law. There have been a number of private investment disputes in Rwanda, but the government has never been involved as a complainant or respondent in a World Trade Organisation (WTO) dispute settlement. Rwanda signed and ratified the Multilateral Investment Guarantee Agency (MIGA) convention on October 27, 1989. MIGA issues guarantees against non-commercial risks to enterprises that invest in member countries. 6.5 Performance requirements/incentives Unless stipulated in a memorandum of understanding that characterises the purchase of privatised enterprises, performance requirements are not imposed as a condition for establishing, maintaining, or expanding other investments. They are mostly imposed as a condition to access tax and investment incentives. Investors who demonstrate capacity to add value and invest in priority sectors enjoy more tax and investment incentives including Value Added Tax (VAT) exemptions on all imported raw materials, 100 percent write-off on research and development costs, five to seven percent reduction in corporate income tax if the company exports products and services valued from USD three to five million, duty exemption on equipment, and a favourable accelerated rate of depreciation of 50 percent in the first year. The government offers grants and special access to credit to investors developing rural areas. There are no import quotas for investors. Although there are no legal obligations regarding these matters, the government encourages foreign investors to transfer technology and expertise to local staff, in order to help develop Rwanda’s human capital. RDB has been increasingly successful developing investment incentives and publicising investment opportunities. Registered investors obtain certificates that bring benefits, including exemption from value-added tax and duties when importing machinery, equipment, and raw materials. However, some investors have complained that coordination between RDB and Rwanda Revenue Authority is limited. Registered investors have noted that taxes were assessed by Rwanda Revenue Authority despite RDB’s assurances that their investments qualified for tax-exempt or tax-incentivized status. This was particularly the case with regards to importing machinery and equipment. There is no legal requirement that investors in general must purchase from local sources or export a certain percentage of their output. However, to benefit from incentives in a planned export zone, investors will be required to export a certain percentage of the finished product. The government gives preferential tax incentives to investors who create significant export-oriented growth. The government determines eligibility for such incentives upon request based on several factors: exports must total at least 80 percent of production (or exports total at least 10 percent if manufacturing under bond); capital investment is at least US$ 100,000 (local investors and Common Market for East and Southern Africa – COMESA – member states) or US$ 250,000 (non-COMESA investors). There is no legal obligation that nationals own shares in foreign investments or that shares of foreign equity be reduced over time. However, the government strongly encourages local participation in foreign investments. The government does not impose conditions on transferring technology. The government is not involved in assessing the type and source of raw materials for performance, but the National Bureau of Standards determines quality standards. The government does not require investors to disclose proprietary information to government authorities. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 8 Foreigners applying for work permits and/or residency visas must apply within 15 days of their arrival in country. The government generally processes visa applications for foreign nationals in a timely manner. However, the application process for work permits and extended stay visas has recently become more onerous, with immigration authorities requesting extra documentation on applicants’ qualifications and taking multiple months to reach a decision in many cases. Applicants may facilitate the process by ensuring that they travel with original police clearances, preferably stamped or notarised. Educational documents should be on original letterhead. Applicants should also obtain a certified copy of their diplomas, should they not be travelling with the original. Investors should be aware that East African Community (EAC) applicants are given hiring preference and the Immigration Office may hesitate to authorize work permits for non-EAC skilled labour. 6.6 Right to private ownership and establishment Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity. The Rwandan constitution stipulates that every person has the right to private property, whether personal or in association with others. The government cannot violate the right to private ownership except in the public interest and only then after following procedures that are determined by law and subject to fair compensation. The law also allows private entities to acquire and to dispose of interests in business enterprises. Foreign nationals may hold shares in locally incorporated companies. The government has divested and continues to divest in public enterprises. However, private holding companies closely affiliated with the government or the ruling party continue to play a large role in the private sector. 6.7 Protection of property rights The law protects and facilitates acquisition and disposition of all property rights. Investors involved in commercial agriculture have lease-hold titles and are able to secure property titles, if needed. The land law passed in 2005 stipulates modalities of property registration and a land titling campaign that began as a pilot project in 2008 is now underway nationwide. The Government maintains measures that may violate the WTO’s TRIMs (Trade Related Investment Measures) by allowing parallel imports of goods from countries where patents and original trademarks are not registered and recognised. However, as a least developed country, Rwanda has until 2013 to abide by specific WTO TRIMs. Rwanda adheres to key international agreements on intellectual property rights and their protection, but as a least developed country, Rwanda has until 2013 to abide by specific Trade Related Intellectual Property (TRIP) arrangements. As a member of COMESA, Rwanda is automatically a member of African Regional Intellectual Property Organisation (ARIPO). It is also a member of World Intellectual Property Organisation (WIPO) and is currently working towards harmonising its legislation with WTO trade-related aspects of intellectual property. The Ministry of Commerce (MINICOM), the Rwandan Revenue Authority (RRA), and the Rwandan Bureau of Standards (RBS) work together to address issues involving counterfeit products on the Rwandan market. Through the RBS and the RRA, Rwanda has earned accolades for its protection of intellectual property rights, but many goods that violate patents, especially pharmaceutical products, make it to market nonetheless. Rwanda has not yet ratified WIPO internet treaties, but the Government has taken steps to implement and enforce the WTO TRIPS agreements. Intellectual property legislation covering patents, trademarks and copyrights was approved in October 2009. A Registration Service Agency, which is part of the RDB, was established in 2008 and will further improve intellectual property rights by registering all commercial entities and facilitating business identification and branding. 6.8 Transparency of the regulatory system The government generally uses transparent policies and effective laws to foster clear rules consistent with international norms. Institutions such as the Rwanda Revenue Authority (RRA), the Ombudsman’s office, Rwanda Bureau of Standards (RBS), the National Public Prosecutions Authority (NPPA), the Rwanda Utilities Regulatory Agency, the Public Procurement Agency, and the Privatisation Secretariat all have clear rules and procedures. However, some investors claim that the RRA unfairly targets foreign investors for audits. There is no formalised mechanism to publish draft laws for public comment, although civil society sometimes has the opportunity to review proposed laws. There is no government effort to restrict foreign participation in industry standards-setting consortia or organisations. Some investors complain that the strict enforcement of tax, labour, and environmental laws impede investment. The government updated the labour code in 2009 to simplify recruitment of labour and facilitate the hiring, firing and retention of competent staff. Rwanda established an Ombudsman’s office in 2003 that monitors transparency and regulatory compliance in all governmental sectors. The Rwanda Utility Regulation Agency, the Auditor General’s Office, the Anticorruption Division of the RRA, the RBS, and the National Tender Board also enforce regulations. In 2009 and 2010, the press reported instances of alleged malfeasance involving private citizens and Rwandan officials. This led to investigations and arrests of high ranking officials as well as a number of resignations. In 2011, the only major reported instance of alleged malfeasance involving a senior Rwandan official led to the arrest and resignation of the editor of the newspaper that carried the story. There is no informal regulatory process managed by nongovernmental organisations. Existing legal, regulatory and accounting systems are generally transparent and consistent with international norms but are not always enforced. A key component of the government’s regulatory system is the Office of the Auditor General, established in 1999 to audit government adherence to fiscal controls. The Auditor reports regularly to the Parliament and those reports have led to wideranging criminal investigations of alleged misconduct. Consumer protection associations exist, but are largely ineffective. The business community has been able to lobby the government and to provide feedback on government policy and execution through the Private Sector Federation, a business association partially funded by the government. 6.9 Efficient capital markets and portfolio investment Access to affordable credit is a serious challenge in Rwanda, as interest rates are relatively high and loans are usually short-term. Savings rates have been low. However, credit terms generally reflect market rates and foreign investors are able to negotiate credit facilities from local lending institutions if they have collateral and “bankable” projects. The private sector has limited access to credit instruments. Most Rwandan banks are conservative, risk-averse and trade in a limited range of commercial products. Following privatisation, commercial banks introduced a variety of credit instruments with more products becoming available as the local banking industry matures. Credit cards are not used extensively, except in major hotels and a few restaurants. Debit cards have been introduced on a limited basis. In December 2011, Visa International opened an office in Rwanda and announced a partnership with the central bank through which the company intends to significantly expand electronic payment services throughout Rwanda. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 9 An over-the-counter (OTC) market was established in 2008 with the assistance of the US Department of Treasury, but volume is limited and confined to sale of government treasury bills and a few corporate bonds and shares. In December 2010, Rwanda’s largest foreign investor, Heineken, launched the country’s first Independent Private Offering (IPO) for 30 percent of the shares in its Rwandan subsidiary Bralirwa. According to the Minister of Finance, the shares were oversubscribed. Bralirwa listed its shares on the Kigali OTC market in January 2011, the first Rwandan company to do so. Subsequently, Bank of Kigali became the second listed Rwanda firm with its shares officially trading on the Rwanda Stock Exchange from 1 September 2011. The central bank capital requirement for commercial and investment banks is currently US$ 8.3 million. As of 2011, all banks were compliant with the minimum capital requirement. The required minimum capital adequacy ratio of 15 percent is well above the Basel minimum requirement of eight percent. With only a small OTC market, corporations generally trade shares among themselves or with private investors. No hostile takeovers have occurred involving foreign investors, and both the central bank and the government have been very active in seeking foreign investors for the banking sector. The IMF gives the central bank high marks for its effective management of the regulatory system. In June 2010, Rwanda became the seventh country in the world to adopt the IMF’s Policy Support Instrument, a programme designed for countries that have achieved macroeconomic stability and no longer need financial support from the IMF. As of December 2011, Rwanda was completing its third review under the IMF’s Policy Support Instrument. 6.10Competition from state-owned enterprises (SOEs) Rwandan law allows private enterprises to compete with public enterprises under the same terms and conditions with respect to access to markets, credit, and other business operations. Since 2006, the government has made an intensive effort to privatize SOEs, to reduce the government’s non-controlling shareholdings in private enterprises, and to attract foreign direct investment, especially to the telecommunications, tourism, banking, and agriculture sectors. Foreign investors now own controlling interests in some of Rwanda’s largest firms. Rwandan investors and investor groups have acquired many privatised SOEs. A number of these investor groups are backed by government shareholders, including the Rwandan Social Security Board and other government savings schemes. Others are led by individuals with close ties to the government and/or ruling party. SOEs include water and electricity utilities and companies in construction, mining, finance, tea and other agricultural investments. The government continues to own minority shares in telecommunications, insurance, hotels and other sectors. Some private sector firms assert that SOEs and private enterprises in which the government owns shares, or that have close ties to the government officials, receive preferential treatment with regard to access to credit and tax compliance enforcement. SOEs generally have boards of directors that function independently. However, ministers and their representatives sit on SOE boards and exercise considerable influence. Most SOEs are required to publish audited annual reports, but some are not readily available. 6.11Corporate social responsibility There is a growing awareness of corporate social responsibility but only a few companies (primarily those that have international ownership) have actually implemented sustainable programmes. 6.12Political violence Rwanda is a stable country with little violence. A strong police and military provide a security umbrella that minimises potential criminal activity and political disturbances. On several occasions since 2008, unknown assailants detonated grenades in Kigali and in rural areas of the country. The most recent detonation occurred on 3 January 2012. There have been no incidents involving politically motivated damage to investment projects or installations since the late 1990’s. Presidential elections in 2010 were peaceful and orderly. President Kagame won 93 percent of the popular vote and returned for his second, and final, seven-year term in office. Although the eastern region of Democratic Republic of the Congo (DRC) bordering Rwanda remains unstable, rebel groups operating in the DRC have not conducted significant insurgent activity in Rwanda since 2001. In 2009, Rwanda re-established diplomatic ties with the DRC and the two countries are now cooperating to establish peace in the eastern DRC and to improve regional economic ties. Rwanda acts in concert with its neighbours to fight crime and terrorism. It also actively cooperates in efforts to identify and freeze the assets of known terrorist individuals or organisations. 6.13Corruption The government maintains a high-profile anti-corruption effort and senior leaders articulate a consistent message that combating corruption is a key national goal. There are relatively frequent public reports of investigations into allegations of misconduct by officials using their office for personal gain. The government regularly investigates such incidents and generally prosecutes and punishes those found guilty. Enforcement is the same for both foreign and local investors. High-ranking officials accused of corrupt activities often resign during the investigation period and many have been prosecuted. Senior government officials take pride in Rwanda’s reputation for being tough on corruption, and numerous governmental institutions play an active role in investigating public officials accused of corruption. Rwanda has signed and ratified the UN Anticorruption Convention. It is a signatory of the OECD Convention on Combating Bribery. It is also a signatory of the African Union Anticorruption Convention. Giving and accepting a bribe is a criminal act under law, and penalties depend on circumstances surrounding the specific case. Some businesses report occurrences of petty corruption in the customs clearing process, but there are limited reports of corruption in transfers, dispute settlement, regulatory system, taxation or investment performance requirements. A local company cannot deduct a bribe to a foreign official from taxes. A bribe by a local company to a foreign official is a crime in Rwanda. Institutions including the Ombudsman’s office, the Anti-Corruption Unit of the RRA, and the Auditor General’s Office identify corruption cases. The police and the NPPA prosecute cases. Since 2009, the Ombudsman’s office has criminal investigative powers that allow it to pursue corruption cases. There is a local chapter of Transparency International in Rwanda. Transparency International reported in its 2011 report that Rwanda has improved its ranking in the Corruption Perception index from 2.7 in 2007 to 5.0 in 2011. 6.14Labour General labour is available, but there is a shortage of skilled labour, including accountants, lawyers, and technicians. Higher institutes of technology, many private universities, and vocational institutes are improving and producing more and more graduates each year. Carnegie Mellon University opened a campus in Kigali – its first in sub-Saharan Africa – and plans to offer masters-level courses in information and communication technologies starting in 2012. In 2009, the government raised compulsory basic education from six to nine years and made English mandatory, instead of French, as the language of instruction from elementary school grade four onwards. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 10 Starting in the 2012 school year, the government intends to extend compulsory basic education from nine to twelve years. Rwanda attempts to adhere to International Labour Organisation (ILO) conventions protecting worker rights. Policies to protect workers in special labour conditions exist, but enforcement remains inconsistent. The government encourages but does not require onthe-job training of and technology transfer to local employees. The government revised the national labour code in 2000 to eliminate gender discrimination, restrictions on the mobility of labour, and wage controls. In 2009, parliament passed a new labour code, which sets the minimum work age for formal employment at 18 and strengthened prohibitions on the use of child labour and hazardous or forced work. Companies find skill deficits in many sectors when hiring, but these deficits will continue to shrink as literacy rates increase and more qualified people graduate from Rwandan institutions of higher learning. The general population’s literacy rate continues to improve. 6.15Foreign trade zones/free ports Rwanda is a member of several sub-regional economic organisations, such as the East African Community (EAC), which put in place a customs union in 2009. That union facilitates the movement of goods produced in the region and permits an EAC citizen with certain skills to work in any member country. Rwanda is also a member of the Economic Community of the Great Lakes (CEPGL) together with the DRC and Burundi, and of COMESA, which includes Rwanda, Burundi, Comoros, DRC, Djibouti, Egypt, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Seychelles, Sudan, Swaziland, Uganda and Zimbabwe. COMESA countries have a free trade agreement that permits goods originating in member countries and that comply with certain rules of origin to enter other member markets duty free. Value addition on imported raw materials must be three percent to qualify for duty free entry. Rwanda has established a free trade zone outside Kigali, with excellent current and planned future communications infrastructure. Bonded warehouse facilities are now available to businesses importing duty free materials 6.16Foreign direct investment statistics Foreign direct investment in Rwanda surged from 2006 to 2009, but fell significantly in 2010. According to the World Bank’s World Investment Report 2010, Foreign Direct Investment (FDI) flows into Rwanda increased from US$ 16 million in 2006 to US$ 119 million in 2009, before dropping to US$ 42 million in 2010. 2010 FDI flows equated to 0.75% of 2010 gross domestic product. 6.17Starting a business in Rwanda The table below represents the steps required when opening a business in Rwanda. It also details the time involved and the associated costs: No. Procedure Time to Complete 1. Check company name, submit registration application and pay registration fee One day Pick up registration certificate 1 – 3 days 2. Associated Costs RWF 150,00 or no charge online No charge 7Country Outlook 7.1Overview Victoire Ingabire, the leader of the Rwandan opposition party, United Democratic Forces (UDF), has alleged that terrorist charges against her are politically motivated. On 19 April Jean Bosco Uwinkindi became the first genocide suspect to be transferred to Rwanda by the Tanzania-based International Criminal Tribunal of Rwanda (ICTR). In February the government launched a pilot project offering a singlewindow electronic service for international trade. Real GDP grew by 8.6% in 2011, up from 7.5% in 2010, according to the National Institute of Statistics of Rwanda (NISR). Rwanda’s Capital Market Authority (CMA) has said that there are unlikely to be any further initial public offerings (IPOs) in 2012. Trade deficit contracted by 5.8% in 2011 as exports grew by an impressive 69% while imports grew at the more modest pace of 8.3%. Mineral exports alone doubled to US$165m, of which US$6m were reexports. 7.2 Domestic politics Ms. Ingabire, who was arrested in October 2010 for alleged terrorist links, suddenly withdrew from her trial in the capital, Kigali, on 16 April. She has alleged that the charges brought against her are politically motivated and that the court is not independent. Ms. Ingabire has been on trial since last September along with four former members of the Hutu rebel group, Forces démocratiques de libération du Rwanda (FDLR). They have been accused of threatening state security, genocide denial and promoting ethnic division, including attempts to create an armed wing of the UDF (based in Brussels, the Belgian capital) aimed at causing insecurity in Rwanda. Despite her walk-out, the court’s presiding judge, Alice Rulisa, has ruled that proceedings will continue but that Ms. Ingabire will neither be forced to attend nor have an advocate appointed in her place. In the evening of 19 April Mr. Uwinkindi – arrested in June 2010 on multiple counts of genocide, conspiracy to commit genocide and extermination as a crime against humanity – became the first genocide suspect to be transferred by the ICTR to Rwanda itself. At the time of the genocide in 1994, Mr. Uwinkindi was the pastor of the Pentecostal church in Kanzenze, south of Kigali, where he is alleged to have led Hutu militias against Tutsi civilians. After the atrocities ended, 2,000 corpses were discovered in the vicinity of his church. The transfer of Mr. Uwinkindi marks a significant milestone both in terms of the evolution of post-genocide justice and of the international perception of Rwanda’s court system. Another suspect, Leon Mugesera, was transferred to Rwanda from Canada on 24 January after 16 years of fighting charges of hate speech dating back to 1992. Also in January a French judicial investigation exonerated the ruling Rwandan Patriotic Front for the deaths of a former Rwandan president, Juvenal Habyarimana, and a former Burundian president, Cyprien Ntaryamira, which prompted the genocide, and the number of extraditions of suspects to face trial in Rwanda is now expected to increase. 7.3 International relations Rwanda’s international donors – particularly the US and the UK – continue to support the country despite growing concerns about domestic political liberties and, to a lesser extent, the country’s involvement in the Democratic Republic of Congo (DRC). Rwanda and France have restored diplomatic relations, but mutual suspicion persists. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 11 Diplomatic relations with the DRC have warmed considerably, and increased collaboration is expected between the Congolese armed forces and the Rwandan Defence Force to contain the threat posed to both by the apparent alliance between the FDLR and disaffected Congolese Tutsis. Bilateral discussions between Rwanda and the DRC are also focusing on economic co-operation, in particular on how to share gas reserves beneath Lake Kivu, which straddles the countries’ border. Military co-operation between the Rwandan and Burundian governments is extensive, although largely, it seems, on the Rwandan government’s terms. 7.4 Policy trends As part of its long-term strategy to improve Rwanda’s business competitiveness, in early February the government launched a pilot project offering a single-window service that will electronically provide all the information and administrative requirements necessary for importing and exporting. The scheme aims to simplify procedures, reduce costs and improve information dissemination and data collection, as well as improve transparency and accountability into the whole process of clearing traded goods. It will use the ASYCUDA World programme, an international standard for customs management and integrated border-management systems developed by the UN. The three-month pilot encompasses five organisations: • The Rwanda Revenue Authority • Ministry of Health • Rwanda Development Board • Rwanda Bureau of Standards • Logistics company, Magasins generaux du Rwanda As Rwanda is landlocked, the cost of trade is higher than in countries that have access to sea ports, making it particularly important to find ways to reduce costs. The pilot service is something that the country can do unilaterally, a relief given the obstacles that often crop up when it depends on regional policies or investment initiatives in neighbouring countries, which the Rwandan government is less able to influence. Rolling out the single window across all relevant government agencies nationwide could save an estimated US$6-9m per year, equivalent to around 1% of the value of all recorded traded goods. 7.5 Economic growth According to figures released in March by the NISR, real GDP grew by 8.6% in 2011, up from 7.5% in the previous year. The latest figure exceeded original forecasts of 7%, but fell slightly below the IMF’s revised estimate of 8.8%. Led by a 5% increase in food crop production, the agricultural sector is estimated to have grown by 4.7%, down slightly from 5% in 2010. The industrial sector is estimated to have grown by 17.6% in 2011 compared with 8% in 2010, predominantly driven by strong growth in construction as well as a strong recovery in mineral production, which increased by 50% after falling by 11% in 2010. Manufacturing grew by 8% over the same period, mainly owing to the energy sector. The largest area of the economy, services, grew by 8.9%, slightly down from the year before. The key contributing subsectors were finance and insurance activities as well as wholesale and retail trade. The government fast-tracked the privatisation of several large state-owned firms in 2011 following the successful IPO of shares in Bralirwa, the largest brewery firm in Rwanda in December 2010, which was oversubscribed by 174%. It divested a 25% stake in the Bank of Kigali through an IPO at the end of June 2011, which raised US$ 63m and was oversubscribed by 274%. The government had lined up an additional five state-owned companies in the telecoms, banking, cement and insurance sectors for partial sale of shares through IPOs by 2015, and 20 firms in total for listing. However, only two have so far been floated, and the CMA stated in January that it is unlikely further IPOs will be held in 2012. Despite the drying up of the IPO pipeline, the CMA is still pushing to introduce fully automated trading on the fledgling Rwanda Stock Exchange, which opened in January 2011, by the end of this year. 7.6 External account Rwanda’s trade deficit contracted by 5.8% in 2011 as exports grew by an impressive 69% while imports grew at a more modest pace of 8.3%, according to the NISR. Mineral exports alone doubled from US$ 82m in 2010 to US$ 165m, of which US$ 6m were re-exports. The growth in mineral exports was driven by cassiterite in particular, which hit US$ 103m, up from US$ 67m, owing to an 88% leap in volume as well as a 28% rise in prices. Cassiterite extended its lead over coffee as Rwanda’s largest single export. Coffee exports also posted good results, rising by 34% to US$ 75m, on the back of higher global prices as well as local farmers being able to charge more because of an improvement in quality. Tea prices have been fairly stable, but rising production helped tea exports rise by 15% to US$ 64m. Such dynamics were partly offset by the impact on the trade balance of higher import costs and strong domestic demand for imported capital goods. A.1Appendix two – sources of information • Economist Intelligence Unit • CIA World Factbook • Bloomberg • World Bank • Wikipedia • Wikipedia • US Department of State © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 12