B-92523, JUN. 21, 1960

B-92523, JUN. 21, 1960

TO THE SECRETARY OF STATE:

OUR DECISION, A-24222, FEBRUARY 8, 1954, MADE IN RESPONSE TO A REQUEST FROM THE CHIEF, DIVISION OF FINANCE, DEPARTMENT OF STATE, APPROVED CERTAIN PROCEDURES FOR THE USE OF GOVERNMENT BILLS OF LADING IN CONNECTION WITH THE OVERSEAS TRANSPORTATION OF DIPLOMATIC POUCHES. WE HAVE NOW CONSIDERED A REQUEST FROM THE PAN AMERICAN WORLD AIRWAYS SYSTEM CONCERNING A FURTHER PROCEDURAL CHANGE.

AT PRESENT, AS APPROVED IN THE DECISION OF FEBRUARY 8, 1954, YOUR DEPARTMENT ASSIGNS EACH MONTH ONE GOVERNMENT BILL OF LADING NUMBER TO COVER ALL SHIPMENTS OF DIPLOMATIC POUCHES TO ANY ONE FOREIGN DESTINATION. SHIPMENTS ARE ACTUALLY MADE ON COMMERCIAL AIR WAYBILLS AND THERE IS ENCLOSED IN EACH POUCH AN INVOICE WHICH, UPON DELIVERY, IS SIGNED BY THE CONSIGNEE AND RETURNED TO THE DEPARTMENT OF STATE. WHEN ALL OF THE INVOICES FOR THE MONTH HAVE BEEN RECEIVED FROM THE OVERSEAS POST, THE PROPER GOVERNMENT BILL OF LADING IS PREPARED AND ISSUED TO THE INTERESTED AMERICAN FLAG AIRLINE TO BE USED IN SUPPORT OF ITS BILL FOR THE THROUGH TRANSPORTATION CHARGES. IF THAT AIRLINE WAS NOT THE CARRIER WHICH MADE DELIVERY AT THE OVERSEAS DESTINATION, ITS BILL, IN ORDER TO BE PAID, IS REQUIRED TO BE SUPPORTED NOT ONLY BY THE GOVERNMENT BILL OF LADING, BUT ALSO BY A ,CERTIFICATE OF BILLING CARRIER IN LIEU OF WAIVER FROM DELIVERING CARRIER," AS PRESCRIBED IN COMPTROLLER GENERAL DECISION B- 92523, OCTOBER 5, 1951, AND MAY 5, 1954. PAN AMERICAN HAS REQUESTED PERMISSION TO DISPENSE WITH THIS CERTIFICATE ON ALL SHIPMENTS OF DIPLOMATIC POUCHES AND/OR ON ALL BILLS OF LADING GENERALLY WHERE PAN AMERICAN IS SHOWN THEREON AS THE DELIVERING CARRIER, OR, IN THE ALTERNATIVE, TO FILE WITH YOUR DEPARTMENT A GENERAL CERTIFICATE IN LIEU OF WAIVERS FROM DELIVERING CARRIERS WHICH WOULD APPLY TO ALL SUBSEQUENT DIPLOMATIC POUCH SHIPMENTS.

WE HAVE DISCUSSED THESE PROPOSALS INFORMALLY WITH PERSONNEL OF YOUR DEPARTMENT CONCERNED WITH THE TRANSPORTATION OF DIPLOMATIC POUCHES AND WITH THE AUDIT AND PAYMENT OF CHARGES THEREFOR. THEY ARE IN ACCORD WITH OUR VIEW THAT DUE REGARD FOR THE INTERESTS OF THE UNITED STATES REQUIRES THAT THE GUARANTEES AFFORDED BY THE CERTIFICATE MUST BE RETAINED IN SOME FORM; HOWEVER, THE FILING OF A GENERAL CERTIFICATE APPLICABLE TO ALL POUCH SHIPMENTS WOULD APPEAR TO AFFORD THE GOVERNMENT THE NECESSARY PROTECTION AND AT THE SAME TIME LESSEN THE PAPERWORK BURDEN FOR BOTH AIRLINE AND GOVERNMENT PERSONNEL.

ACCORDINGLY, WE HAVE TODAY ADVISED PAN AMERICAN OF OUR CONSENT TO THE FILING OF A GENERAL CERTIFICATE, APPLICABLE TO ALL DIPLOMATIC POUCH SHIPMENTS, SUBJECT TO CERTAIN SPECIFICATIONS, WHICH WILL ELIMINATE THE NEED FOR AN INDIVIDUAL CERTIFICATE WITH EACH BILL OF LADING. WE ENCLOSE A COPY OF OUR LETTER TO PAN AMERICAN, WHICH SETS OUT THE FORM OF THE CERTIFICATE AND THE REQUIREMENTS FOR ITS USE. WE APPROVE THE SAME PROCEDURE FOR ADOPTION BY OTHER AMERICAN FLAG AIRLINES ENGAGED IN THE TRANSPORTATION OF DIPLOMATIC POUCHES DESTINED FOR OVERSEAS POSTS.