A-60006, FEBRUARY 12, 1935, 14 COMP. GEN. 628

A-60006: Feb 12, 1935

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AS FOLLOWS: THERE IS ENCLOSED A COPY OF THE UNIVERSAL POSTAL UNION CONVENTION OF CAIRO. IT IS REQUESTED THAT YOU ADVISE. WHETHER OR NOT THE APPROVAL OF THE PRESIDENT IS TO BE OBTAINED IN CONNECTION WITH EACH INTERPRETATION OR CONSTRUCTION ALREADY MADE OR HEREAFTER MADE BY THE POSTMASTER GENERAL UNDER THE AUTHORITY ABOVE MENTIONED. ALSO IF IT IS DESIRED THAT THE APPROVAL OF THE PRESIDENT BE STATED IN A PARTICULAR FORM. AN EARLY REPLY WILL BE APPRECIATED. SINCE IT IS NECESSARY TO ADVISE FOREIGN COUNTRIES AT AN EARLY DATE CONCERNING THE TRANSPORTATION CHARGES TO BE PAID BY THEM FOR THEIR MAILS DISPATCHED BY THE UNITED STATES AIR- MAIL ROUTES UNDER THE AIR-MAIL PROVISIONS OF THE CAIRO CONVENTION FROM JANUARY 1.

A-60006, FEBRUARY 12, 1935, 14 COMP. GEN. 628

POSTAL SERVICE - UNIVERSAL POSTAL UNION CONVENTION OF CAIRO IN ORDER THAT THE CONSTRUCTION OR INTERPRETATION BY THE POSTMASTER GENERAL OF THE UNIVERSAL POSTAL UNION CONVENTION OF CAIRO SHALL BE FINAL AND CONCLUSIVE UPON OFFICERS OF THE UNITED STATES, IT MUST BE APPROVED BY THE PRESIDENT OF THE UNITED STATES IN ACCORDANCE WITH SECTION 398 OF THE REVISED STATUTES, AS AMENDED BY THE ACT OF JUNE 12, 1934, 48 STAT. 934.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, FEBRUARY 12, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 26, 1935, AS FOLLOWS:

THERE IS ENCLOSED A COPY OF THE UNIVERSAL POSTAL UNION CONVENTION OF CAIRO, WITH ITS REGULATIONS OF EXECUTION AND PROVISIONS CONCERNING THE TRANSPORTATION OF REGULAR MAILS BY AIR, ALL OF WHICH BECAME EFFECTIVE ON JANUARY 1, 1935, AS STATED IN ARTICLE 82 OF THE CONVENTION, ARTICLE 192 OF THE REGULATIONS, AND ARTICLE 30 OF THE AIR-MAIL PROVISIONS.

IN ACCORDANCE WITH THE AUTHORITY GRANTED BY SECTION 398 OF THE REVISED STATUTES (U.S.C., TITLE 5, SECTION 372), AS AMENDED BY THE ACT OF JUNE 12, 1934 (COPY ENCLOSED FOR READY REFERENCE), THE POSTMASTER GENERAL HAS CONSTRUED SECTIONS OF THE AFORESAID AIR-MAIL PROVISIONS, AND IT IS REQUESTED THAT YOU ADVISE, INSOFAR AS THE CONSTRUCTIONS IN QUESTION MAY AFFECT ACCOUNTS TO BE SETTLED AND ADJUSTED BY YOUR OFFICE, WHETHER OR NOT THE APPROVAL OF THE PRESIDENT IS TO BE OBTAINED IN CONNECTION WITH EACH INTERPRETATION OR CONSTRUCTION ALREADY MADE OR HEREAFTER MADE BY THE POSTMASTER GENERAL UNDER THE AUTHORITY ABOVE MENTIONED, AND ALSO IF IT IS DESIRED THAT THE APPROVAL OF THE PRESIDENT BE STATED IN A PARTICULAR FORM, AND IF SO, IN WHAT FORM.

AN EARLY REPLY WILL BE APPRECIATED, SINCE IT IS NECESSARY TO ADVISE FOREIGN COUNTRIES AT AN EARLY DATE CONCERNING THE TRANSPORTATION CHARGES TO BE PAID BY THEM FOR THEIR MAILS DISPATCHED BY THE UNITED STATES AIR- MAIL ROUTES UNDER THE AIR-MAIL PROVISIONS OF THE CAIRO CONVENTION FROM JANUARY 1, 1935, WHICH CHARGES WILL BE AFFECTED BY THE CONSTRUCTION OF CERTAIN OF THE AIR-MAIL PROVISIONS, AND ACCORDINGLY IT IS DESIRED TO HAVE SUCH CONSTRUCTION FULLY AUTHENTICATED BEFORE FOREIGN COUNTRIES ARE INFORMED OF THE CHARGES.

SECTION 398 OF THE REVISED STATUTES AS AMENDED BY THE ACT OF JUNE 12, 1934, 48 STAT. 934, PROVIDES:

FOR THE PURPOSE OF MAKING BETTER POSTAL ARRANGEMENTS WITH FOREIGN COUNTRIES, OR TO COUNTERACT THEIR ADVERSE MEASURES AFFECTING OUR POSTAL INTERCOURSE WITH THEM, THE POSTMASTER GENERAL, BY AND WITH THE ADVICE AND CONSENT OF THE PRESIDENT, MAY NEGOTIATE AND CONCLUDE POSTAL TREATIES OR CONVENTIONS, AND MAY REDUCE OR INCREASE THE RATES OF POSTAGE OR OTHER CHARGES ON MAIL MATTER CONVEYED BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES: PROVIDED, THAT THE DECISIONS OF THE POSTMASTER GENERAL CONSTRUING OR INTERPRETING THE PROVISIONS OF ANY TREATY OR CONVENTION WHICH HAS BEEN OR MAY BE NEGOTIATED AND CONCLUDED SHALL, IF APPROVED BY THE PRESIDENT, BE FINAL AND CONCLUSIVE UPON ALL OFFICERS OF THE UNITED STATES.

IN ORDER THAT IT SHALL BE FINAL AND CONCLUSIVE UPON ALL OFFICERS OF THE UNITED STATES ANY CONSTRUCTION OR INTERPRETATION WHICH THE POSTMASTER GENERAL MAY MAKE OF A TREATY PROVISION MUST UNDER THE SPECIFIC PROVISION OF THE STATUTE, BEAR THE APPROVAL OF THE PRESIDENT OF THE UNITED STATES. THIS APPROVAL MAY BE EXPRESSED BY APPENDING TO SUCH CONSTRUCTION AFTER THE SIGNATURE OF THE POSTMASTER GENERAL THE WORD "APPROVED: " FOLLOWED BY THE SIGNATURE OF THE PRESIDENT OF THE UNITED STATES WITH DATE OF SUCH APPROVAL.