According to the Project Concern International (PCI) audit of September 30, 2020 (Note 8, Contingencies and Subsequent Event, Customs fees): "In 2002, 2003, 2007, 2008, and 2009, PCI imported commodities for its program in a South American country. These commodities were for both monetization (resale to generate program resources) and distribution to program participants... "There is currently a bilateral agreement signed between the United States federal government and the local government that exempts commodity transactions from customs fees. Additional agreements exist between PCI and ministries of the local government exempting PCI from any customs fees. Additionally, a framework agreement exists between PCI and the government of this country, which may exempt such commodities from tax. "PCI received notifications from the Customs Office in this country that the commodities it imports for monetization are subject to customs fees..." It is reported that there is approximately $5.6 million in total assessed taxes, penalties and interest in connection with the various notices received by PCI:
– For approximately $1.9 million of the total (January 2009 initial notice dates), PCI reports receiving favorable judgments from the Supreme Court in October 2014 and November 2020. – For approximately $1.6 million of the total (December 2010 initial notice date), the assessments "are continuing through the court process." – For approximately $1.0 million of the total (December 2011 initial notice date), "...[a]lthough PCI has received favorable court rulings on this group of notices, new assessments were received by PCI in November 2018. No legal actions have been taken." – For approximately $1.1 million of the total (July 2017 & December 2017 initial notice dates), no legal actions have been taken. "Several other major United States-based organizations working in the same country on similar programs during that timeframe received similar notifications. ... PCI and legal counsel believe that a 2009 law change, with which PCI is in compliance, appears to have been incorrectly applied retroactively in this situation. PCI and legal counsel also believe that other agreements between PCI and the local government provide further support that there is no liability as asserted.
"PCI is currently pursuing resolution of this issue through both administrative and legal actions and will leverage the October 2014 and March 2016 Supreme Court decisions during this process. The Donors [the U.S. Agency for International Development (USAID) & U.S. Dept. of Agriculture] have also intervened with the local government. A liability resulting from this matter is not considered probable..." |