Extract to table

AADE contends that a technology license fee equal to 5% of the total CIF customs value (5% × €98,000,000 = €4,900,000), payable to Hailong under a Technology License Agreement dated January 10, 2019, constitutes a condition of sale and must be included in the customs value of the imported equipment pursuant to Article 71(1)(c) of the Union Customs Code ("UCC")

AADE contends that a procurement coordination fee equal to 3% of the total CIF customs value (3% × €98,000,000 = €2,940,000), paid to Nereus Maritime Advisory Limited ("Nereus"), a Cyprus-registered company, constitutes a selling commission (or, alternatively, an amount that inures to the benefit of the seller) and must be included in the customs value

Calderwood & Harkness has discussed this dual role with both TSL and K&P, and all parties have agreed that appropriate independence safeguards must be maintained throughout the engagement

AADE's position, as set forth in AADE/ADAN/2022/0074, is that Nereus functioned as a selling agent or intermediary that facilitated the sale on behalf of Hailong (or, alternatively, that the fee inured directly or indirectly to the benefit of the seller), and that the fee must therefore be included in the customs value

All team members must ensure consistency in billing, time entry, and matter code usage across all three offices

Notification to Compass Maritime Bank is therefore required and must be made promptly