Active complaints

Showing items 41 to 60 of 85
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status
Actions
NTB-001-218 2.6. Additional taxes and other charges 2024-10-29 Tanzania: Dar es Salaam Kenya In process View
Complaint: Tanzania's Finance Act 2024 introduced an excise duty for ‘’imported’’ products under HS Code 32.08 (Paints and varnishes including enamels and lacquers) of T Shs. 500 per kilo. However, this excise duty has NOT been imposed on any local manufacturers of the same products.

We intend to import items under this heading made in Kenya. Under the spirit of the EAC Trade protocols, which allows for free movement of goods, no duties, taxes or other non-tariff barriers should be imposed on any goods from a EAC partner country that a local manufacturer does not pay.

Therefore we believe this excise duty represents a huge disincentive to Kenyan manufacturers and hindrance to free trade within the EAC.
After writing to the TRA for assistance in the above issue, we were told that the Excise duty is chargeable to all goods falling under that heading even if it is of Kenyan origin (see our letter and their response)
We therefore request your assistance on way forward for us to import items under the HS codes mentioned from Kenya without being subject to this new excise duty of 500 T Shs. Per kilo.
 
Progress: 1. The SCTIFI of May 2025 noted that, although the Republic of Kenya had not provided transactional evidence on the reported excise duty, broader concerns remain regarding the misapplication of the term “imports” within the EAC context. Partner States were reminded that Article 15 of the Customs Union Protocol on National Treatment prohibits discriminatory treatment of goods originating from other EAC Partner States. The meeting therefore urged all Partner States to harmonize the interpretation and application of the term “imports” in national laws and practices with the EAC legal framework, in order to facilitate intra EAC Trade.
2.During 39th RMC,URT reported that they were still consulting will update by December 2025
3. The 40th RMC was informed that the United Republic of Tanzania is implementing SCFEA Directives and is commited to resolve the NTB by 30th June 2026
 
NTB-001-271 2.6. Additional taxes and other charges 2024-12-01 COMESA Egypt In process View
Complaint: Unipak Nile Ltd., a subsidiary of INDEVCO Group in Egypt, export corrugated boxes to Kenya under the COMESA Agreement.

The Kenyan government imposed a 25% excise duty on corrugated boxes imported from Egypt, violating the principles of the COMESA Agreement and creating an unfair competitive environment. This tax favours local Kenyan producers, some of whom do not pay the required taxes, further distorting the market.

This unilateral action undermines ability of Egyptian exporter to compete fairly and has halted UNIPAK Nile Ltd export operations and expansion plans in Kenya whose exports to Kenya reached $9–10 million annually, particularly in the agriculture and dairy sectors.
 
NTB-001-242 6.5. Variable levies 2024-12-27 Kenya: Ministry of Finance Tanzania In process View
Complaint: Through, the Tax Laws (Amendment) Act, 2024 of Kenya passed on 11 December 2024 and came into force on 27 December 2024, the Government of Kenya, among other things, introduced excise duty on various products such as marble, transformers, float glass, coal imported from outside Kenya including East African Community countries. Also, has increased the valuation rates in calculating tax on tiles when they are sold in the country. These challenges have affected production due to the decline in the market for the products in Kenya caused by competition after the prices of the products in question became high  
Progress: 1.On excise duty charged on originating goods from Tanzania, Kenya was urged to refrain from enacting discriminatory laws that treat EAC originating goods as imports. The RMC was informed by Kenya that, through the Supplementary Legal Notice, excise duty was removed from Glass and Transformer. Kenya provided the supplementary gazette removing the two products.
(b) On valuation rates on tiles from Tanzania and Uganda when they are sold in the country as per the complaint from Tanzania below, entries as evidence on valuation adjustments examined showed adjustments as noted in the Internal KRA Memo on valuation for tiles from Uganda & Tanzania. The meeting noted that valuation of goods is administrative and operational, hence the valuation matter be referred to the Sectoral Committee on Customs for Commissioners (SCOC) to consider and resolve. The EAC guided that Valuation in EAC is guided by Section 122 and Fourth Schedule of the EAC CMA.
2. The 38th RMC meeting referred the NTB on valuation to SCOC for consideration and resolution and report back to the next RMC
3.The 39th RMC noted that transformers, float glass, coal had been granted preferential treatment.
4. During the 40th RMC URT informed the meting that She is implementing the SCFEA Directives to review the tax law with the view to remove all discriminatory taxes, fees, levies and charges of equivalent effect. Hence the NTB will be resolved by 30th June 2026.
5. During the 48th SCTIFI, Kenya informed the meeting that she is reviewing her tax law to remove discriminatory measures by 30th June 2026
 
NTB-001-225 5.3. Export taxes 2024-12-28 Kenya: Malaba Uganda In process View
Complaint: The Kenyan government has violated the East African Community trade agreement and has begun to impose consumption taxes on products from other East African Community countries.  
Progress: 1.During the 46TH SCTIFI Kenya reported that There are ongoing consultations to resolve this issue in the financial year 2025/26
2.The 39th RMC meeting was updated that Kenya is reviewing the law.
3. During the 40th RMC Kenya informed the meeting that by 30th June the Tax Law will have been reviewed to resolve the NTB.
 
NTB-001-274 8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) 2025-02-07 South Sudan: Nimule Uganda In process View
Complaint: RSS Charges a USD 40 weighbridge service fee per truck that crosses at Nimule weighbridge station at Jalie, as in the circular attached issued by weighbridge management 2. In the event of having an overload, they negotiate between USD600 and USD2,500 3. Road blocks between Nimule and Juba charge USD100 unreceipted. 4 . Between Juba and Torit, they ask for USD 50 VISA fees We request that South Sudan to immediately remove this NTB  
Progress: 1. The Republic of South Sudan informed the meeting that the weighbridge belongs to a private company, which charges money to recoup its capital investment.
RSS reported that she had reported the same to the Ministry of Transport for resolution.
Partner States noted that they also run investments and are not charged on EAC Citizens.
2. On 4 December 2025, RSS Focal Point advised that the NTB is not discriminating, but it does add cost to doing business, the Minister responsible is not ministry of Transport its the Ministry of Road and Bridges.
3. During 39th RMC,RSS informed the meeting the Company contracted by the Ministry of Roads and Bridges was still imposing the levy to recoup its capital investment until the arrangements to repay are made by the Ministry of Finance. RSS however is undertaking internal consultations to removed the NTB by 30th June 2026.
4. During the 48th SCTIFI, The meeting was informed that there are concerns related to trade facilitation at Elegu / Nimule OSBP due to among others, the introduction of the e - permit, multiplying road blocks and check points, Illegal and non-statutory charges imposed by different agencies; harassment, intimidation, extortion, and assault of drivers, Delays linked to unnecessary manifest and customs processing requirements, Detention of drivers and judicial-related concerns and Security concerns affecting cargo movement and regional trade flows.
Consultations are ongoing to resolve the matter.
 
NTB-001-245 6.2. Administrative fees 2025-04-01 Democratic Republic of the Congo: From Goli through Mahagi to Kisangani on the DRC side Uganda In process View
Complaint: A review of the route from Goli through Mahagi to Kisangani on the DRC side revealed 24 Roadblocks.
The traders reported that they pay 300 dollars per roadblock; we wouldn't pick evidence of this payment because its illegal
 
Progress: 1. During the 38th RMC, DRC reported that they would consult and revert
2.During the 39th RMC, DRC requested 2 weeks to resolve the NTB.
3.During the 40th RMC DRC informed the meeting that the Zone between Golli, Mahagi and Kisangani is a war zone and security is very tight, nevertheless, the central government's interior Minister instructed the governor to reduce the number of barriers and stop these payments because they are not official and illegal. DRC is organizing a consultation in June 2026 with the Ministry of Interior, Trade and Security organs to deliberate on the matter. The NTB also affects DRC as it makes goods more expensive in DRC. Furthermore, it was reported that on 7th - 10th May, 2026 the Republic of Uganda and DRC will hold a bilateral meeting on the same. The meeting urged DRC to adhere to the Summit Directive to resolve the NTB by 30th June 2026.
4. During the 48th SCTIFI, DRC informed the meeting that Consultations are ongoing in order to reduce roadblocks and resolve the NTB by 30th June 2026
 
NTB-001-243 2.4. Import licensing
Policy/Regulatory
2025-04-16 Kenya: Busia Uganda In process View
Complaint: Kenya charges a discriminatory excise duty of 10% on fish transferred from Uganda, but does not charge excise duty on fish in Kenya. This means fish transferred from Uganda is being treated as an import, which is against the CUP. Kenya also charges an additional 5% levy on fish.  
Progress: 1. The Republic of Uganda submitted that the Law refers to imported Fish, but Kenya is charging Uganda for transfers. During the 46TH SCTIFI Kenya reported that there are ongoing consultations to resolve this issue in the next financial year.
2.During the Bilateral meeting the two Partner States agreed treat originating goods as transfers. Kenya committed to Fastrack the review of the law.
3. During the 40th RMC Kenya informed the meeting that it will be resolved by 30th June 2026 after the review of the Tax Law.
4.During the 48th SCTIFI, Kenya informed the meeting that , the Tax law is under review to resolve the NTB by 30 June 2026
 
NTB-001-279 1.7. Discriminatory or flawed government procurement policies 2025-05-19 Tanzania: Tanzania Dairy Board Kenya In process View
Complaint: Tanzania Dairy Board discriminatively charging 1.75% F.O.B value of on Kenya dairy produce on Pasteurized whole
Milk, Skimmed, Condensed, Yoghurt, ice cream and Powdered milk.

TDB is violating the Article 15 of the EAC Custom Union Protocol on national treatment. Same treatment as Tanzanian products in terms of charges.
 
Progress: 1. During 39th RMC, URT informed the meeting that this is among the identified list of fees, levies and charges hence it is to be considered during harmonization process
2. On 26 March 2026, Kenya Focal Point further reported that The Tanzania Dairy Board (TDB) is discriminatively imposing a charge of 1.75% of the F.O.B. value on Kenyan dairy products—specifically pasteurized whole milk, skimmed milk, condensed milk, yoghurt, ice cream, and powdered milk. This measure cannot be justified as for ‘harmonisation’ as it clearly violates the EAC Treaty and the EAC Customs Union Protocol, which prohibit Partner States from applying discriminatory charges on goods originating from Kenya and other EAC countries.
Furthermore, both SCTIFI (Sectoral Council on Trade, Industry, Finance and Investment) and SCFEA (Sectoral Council on Finance and Economic Affairs) have expressly directed all Partner States to remove all discriminatory levies and consider EAC products as transfer and not import. In line with these directives, the United Republic of Tanzania (URT) should cease the application of this charge and fully comply with the established EAC legal framework and Council decisions.
3.The 40th RMC was informed that the United Republic of Tanzania is implementing SCFEA Directives and is committed to resolve the NTB by 30th June 2026.
4. During the 48th SCTIFI, The meeting was informed that the United Republic of Tanzania is finalising the legal and regulatory reforms to remove all discriminatory fees, levies and charges.
 
NTB-001-264 2.6. Additional taxes and other charges 2025-05-24 Zimbabwe: Beitbridge Eswatini In process View
Complaint: Four (4) trucks with sugar to be delivered in Zimbabwe, was not able to enter because of a 30% surtax that had been introduced while the consignment was en route from Eswatini to Zimbabwe. Given this had come into effect after the dispatch, the consignment was not given a waiver.  
Progress: 1. On 3rd June 2025, The SADC NTB Unit advised that the NTB had been submitted for consideration by the Committee of Ministers of Trade meeting taking place in Harare. The outcome Ministers' meeting would provide further guidance on how to proceed .
2.The 34th CMT meeting held in June 2025 , CMT noted that the Senior Officials received a report by Eswatini, indicating that her exports of sugar and other products such as steel and cement to Zimbabwe are facing a surcharge of 30% since 15 May 2025. Eswatini indicated that the measure is against the SADC Protocol on Trade and requested Zimbabwe to remove the surcharge. The Committee of Ministers of Trade directed Zimbabwe and Eswatini to have bilateral engagement on the surcharge
 
Products: 1701.13: Raw cane sugar, in solid form, not containing added flavouring or colouring matter, obtained without centrifugation, with sucrose content 69° to 93°, containing only natural anhedral microcrystals (see subheading note 2.) and 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-001-289 1.7. Discriminatory or flawed government procurement policies 2025-06-20 Rwanda: Rwanda Revenue Authority Kenya In process View
Complaint: Rwanda has introduced a 39% excise duty on juice products manufactured in Kenya and transferred into Rwanda. The excise subjected to Kenya juice is a charge on import. EAC is a local market, additionally, as stipulated in its financial Act of 2025.This measure is in contravention of the East African Community (EAC) Common Market Protocol, which seeks to promote the free movement of goods among member states. The imposition of this duty not only disrupts intra- regional trade and delays business operations but also undermines the spirit of regional and economical cooperation within the EAC.  
Progress: 1. The issue will be included in the list to be submitted for consideration by the 2nd Extra Ordinary SCFEA.
2. This issue was listed among the discriminatory charges imposed on Kenyan products by the Republic of Rwanda. Rwanda is treating Kenyan juice as an import and applying a charge, yet this movement is a transfer within the EAC Customs Union—not an import. As directed by SCFEA and SCTIFI, all discriminatory charges be removed, and therefore Kenya requests Rwanda to consider Kenya juice as a transfer and not an import and cease applying this levy.
3. During the 40th RMC Rwanda informed the meeting that by 30th June the Tax Law will have been reviewed as directed by SCFEA to resolve the NTB
4.During the 48th SCTIFI, The meeting was informed that, the Tax Law is under review to resolve the NTB by 30 June 2026
 
NTB-001-345 3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage
2025-06-26 Djibouti: Djibouti sea port Ethiopia In process View
Complaint: A procedural inconsistency exists in the handling of export shipments from Ethiopia to the Djibouti Free Zone, whereby the acceptance of tarpaulin-covered trucks is applied inconsistently in comparison to containerized cargo. In practice, some shipments transported in tarpaulin-covered trucks are permitted entry into the Free Zone, while others are denied access and required to be containerized without clear justification or prior notice. This inconsistent enforcement creates uncertainty among traders and transport operators, leading to delays, additional handling and transportation costs, and operational inefficiencies.
As a result, exporters particularly small-scale traders face difficulties in planning their logistics and complying with requirements, which ultimately reduces their competitiveness and limits smooth market access along the corridor.
 
Progress: As at 10 Jily 2026, there was no response form the National Focal Points. This NTB is awaiting processing by Ethiopia and Djibouti Focal Points  
NTB-001-292 2.6. Additional taxes and other charges 2025-07-01 Kenya: Mombasa sea port Egypt In process View
Complaint: It has been revealed that Kenya imposed a new duty called “Export and Investment Promotion Levy” as of the beginning of July 2025 on several imports, including some steel products on which duties were imposed at a value of 17.5% of the customs value on all exporting countries without exception for customs items 7213 and 7214, even if they were from partner countries such as Egypt, which The COMESA privileges are effectively emptied of their content on the ground upon application and actually lead to raising the total cost of the Egyptian product and undermining the customs exemption privilege granted under the agreement. (Attached is the relevant document, which was issued on June 27, 2025)
These fees come under names such as “market regulation fees” or “infrastructure development fees,” and are used as an indirect tool to limit the price competitiveness of Egyptian products, which practically means that the Egyptian product has begun to incur the same financial burdens imposed on imports from China, Turkey, and others.
It should be noted that Egypt's exports of rebar and iron coils to Kenya during the first half of 2025 amounted to approximately 60 thousand tons, according to data from the General Authority for Export and Import Control, which reflects the importance of the Kenyan market as one of the vital African markets, and highlights the direct impact of these duties on the movement of Egyptian exports.
These measures represent a direct threat to the ability of Egyptian exports to competitively access the markets of member states, and also weaken the effectiveness of the regional agreements that Egypt is striving to activate in order to support intra-trade on the African continent, at the heart of which is the COMESA Agreement.
Accordingly, the relevant authorities in Kenya, to ensure adherence to the signed commitments, and to safeguard the rights of Egypt and its exporters under the agreement
 
Progress: As at 10 July 2026, there was no response form the National Focal Points. This NTB is awaiting processing by Egypt and Kenya Focal Points  
NTB-001-272 2.6. Additional taxes and other charges 2025-07-08 Kenya: Kenya Revenue Authority (KRA) Uganda In process View
Complaint: Kenya has introduced a 25% excise duty on Aluminium products falling under chapter 76 of the Harmonized System, as stipulated in its financial Act of 2025.This measure is in contravention o the East African Community (EAC) Common Market Protocol, which seeks to promote the free movement of goods among member states. The imposition of this duty not only disrupts intra- regional trade and delays business operations but also undermines the spirit of regional and economical cooperation within the EAC.  
Progress: 1. During 39th RMC, Kenya informed the meeting that the matter is being handled internally, it is at the parliament level
2.During the 40th RMC Kenya informed the meeting that by 30th June the Tax Law will have been reviewed to resolve the NTB.
 
NTB-001-288 1.7. Discriminatory or flawed government procurement policies 2025-08-20 Tanzania: TRA Kenya In process View
Complaint: URT imposition of discriminative Excise Duty on Unilever Soaps, detergents and bleaches -10%; Industrial Development Levy-5-15%
VAT Rate-18%
Impact to business
• Increased production costs due to excise and industrial levies.
• Reduced competitiveness against imported products, especially if inputs are taxed.
• Pressure on pricing, potentially leading to higher consumer prices or reduced margins.
Limited relief for manufacturers despite EAC integration goals.
This tax favours local Tanzania producers of whom do not pay the 10% excise duties, further distorting the market.
3401.11.00 Soap and detergents 10%, 3401.19.00 Soap and detergents 10%, 3402.50.00 Soap and detergents 10%, 3402.90.00 Soap and detergents 10%
 
Progress: 1. The 40th RMC was informed that the United Republic of Tanzania is implementing SCFEA Directives and is committed to resolve the NTB by 30th June 2026.
2. During the 48th SCTIFI, The Meeting was informed that the United Republic of Tanzania is finalising the legal and regulatory reforms to remove all discriminatory fees, levies and charges.
 
NTB-001-295 2.6. Additional taxes and other charges 2025-10-20 Uganda: Malaba Eswatini In process View
Complaint: We have COMESA certificate but Uganda is not accepting, they are charging import duty 36% instead of 6%. we are making big losses due to import duty  
Progress: 1. After receiving the NTB, the Secretariat followed up with Uganda National Focal Points, who confirmed that they were engaging with the Uganda Revenue Authority on the matter.  
NTB-001-363 7.9. Inadequate trade related infrastructure 2025-11-18 Ethiopia: Government Institutions at One Stop Border Post Kenya In process View
Complaint: There is a lack of coordination arising from the fragmented structure of the offices and the limited number of officers assigned to support operations. Offices are located in different buildings that are not interrelated, and staffing constraints further reduce efficiency. For example, only one officer is responsible for conducting standard inspections for both export and import goods, creating a bottleneck.

In addition, each institution operates independently under its own supervision, with limited cross-agency integration. While some services, such as agriculture-related offices, still rely on manual processes, others, such as customs, have fully adopted digital systems for clearing goods. However, customs procedures still depend on confirmations from these other agencies before goods can be cleared, leading to delays and inefficiencies.

Overall, these structural and operational challenges contribute significantly to the lack of coordination.
 
Progress: Awaiting feedback from National Focal Points  
NTB-001-348 1.5. Requirement for counter trade 2025-11-23 Democratic Republic of the Congo: Office de Gestion du Fret Multimodal (OGEFREM) Uganda In process View
Complaint: The Government of the Democratic Republic of the Congo, through the Office de Gestion du Fret Multimodal (OGEFREM), introduced an additional requirement mandating the acquisition of the OGEFREM Certificate. OGEFREM (Office de Gestion du Fret Multimodal) is a real DRC agency involved in port/freight management and levies.This measure constitutes a Non-Tariff Barrier (NTB), particularly given that it’s paid for both in Uganda and DRC for the same product; apart from livestock, the fees aren’t standardised, and it’s not clear what value It adds. It constrains cross-border trade and undermines the principles and objectives of the East African Community (EAC) agreement, which promotes free movement of goods and regional integration.
Furthermore, this whole process creates delays and extra costs for cross‑border trade.

Traders have therefore proposed that the requirement to have an OGEFREM certificate be removed, and to the least have the cost of the OGEFREM Certificate be standardized and reduced. They note that small-scale traders are disproportionately affected, as they are often subjected to varying and elevated fees for the certificate, in addition to paying further OGEFREM-related charges that aren’t documented upon entry into the DRC.
 
Progress: 1.The 40th RMC was informed that DRC will consult on the double payment with the view to resolve the NTB by 30th June 2026.
2. During the 48th SCTIFI, DRC informed the meeting that Consultations are ongoing to resolve the NTB by 30 June 2026
 
NTB-001-365 3. Technical barriers to trade (TBT)
B82: Testing requirement
2025-12-10 Ethiopia: Moyale Ethiopia In process View
Complaint: There were delays in obtaining approval or certification for goods imported through the Moyale border. Samples are required to be tested in Addis Ababa before clearance can take place. As a result, importers are expected to obtain the necessary approval before the goods are shipped to Ethiopia. Otherwise, if the approval is sought after the goods arrive and undergo document verification, significant delays may occur.
Following the complaint received, a visit was conducted to the Moyale One-Stop Border Post (OSBP), where these issues were confirmed. For instance, a Vaseline product with all the required specifications (five types) intended for import into Ethiopia was required to obtain prior approval. However, the process took up to two months. This approval or certification is essential for clearance.
If importers fail to secure the approval before the goods arrive at the border, they may face extended waiting periods to obtain the necessary authorization before clearance can proceed. This situation was observed at the Moyale OSBP and confirmed by officers responsible for document verification.
 
NTB-001-309 7.4. Costly procedures 2025-12-13 In process View
Complaint: KEBS rejected the application to renew the Illovo's Diamond Mark certification which expired on 13Dec2025. The new requirement states that Illovo should appoint a Kenyan registered agent or open up a branch in Kenya. This agent will be awarded a Diamond Mark certificate on behalf of Illovo. This is costly and it also restricts product quality visibility through to the end-user.  
Progress: On 29 March 2026, Kenya Focal Point reported that:
a) All importers that have the Diamond Mark are required to have an Agent. Under our Diamond Mark scheme, the permit is issued to a local registered entity. The entity assume all responsibilities of the product. This is applied across all manufacturers under the Diamond Mark Scheme.
b) An imported/ Exporter can still ring the product in to the country without the agent under the normal import process procedure either through the PVOC Scheme or Destination Inspection. This will allow the visibility that client is seeking.
c) Illovo can still export the sugar to Kenya without an agent outside the Diamond Mark. Hence there is no NTB and the matter should be considered as resolved
2.Kenya advised that there is another option to faciloitate resolution of the NTB is where the importer can register his products and comply with the requirements. Once registered using the portal at KEBS they will be accepted without inspection.
 
Products: 1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar)  
NTB-001-366 3. Technical barriers to trade (TBT)
B82: Testing requirement
2026-01-08 Ethiopia: Ethiopia In process View
Complaint: Imported tyres are subject to duplicated conformity assessment at destination, despite having undergone identical testing procedures in the country of origin. The absence of recognition of prior test results leads to unnecessary duplication and additional testing cost.  
Progress: Following the meeting with NMC, further discussions were held with the Ethiopian Conformity Assessment Enterprise and the Import and Export Quality Control Department regarding the reported NTB.
The consultations confirmed that, under the previous regulatory framework, tyres were included in the category of products subject to Pre-Export Verification of Conformity (PVoC) conducted in the country of origin. However, pursuant to a circular that came into effect in December 2025, tyres were removed from the list of products requiring PVoC.
According to the revised procedure, imported tyres are now subject to conformity assessment and inspection upon arrival by the Ethiopian Conformity Assessment Enterprise. It was established that the trader encountered the reported barrier due to delays and gaps in the immediate implementation and operationalization of the new circular during the transition period.
 
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