B-131594, MAY 17, 1957

B-131594: May 17, 1957

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COPE IS BEING PROPOSED TO SERVE AS AN ADVISER. ON THE UNITED STATES DELEGATION TO THE 40TH SESSION OF THE INTERNATIONAL LABOR ORGANIZATION (ILO) WHICH IS SCHEDULED TO CONVENE IN GENEVA. BUSINESS ON BEHALF OF HIS PRIVATE EMPLOYER WILL REQUIRE HIS PRESENCE IN THE UNITED STATES ON JULY 5. PROVIDES AS FOLLOWS: "ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO AND FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED. WE HAVE ASCERTAINED THAT THE ONLY VESSELS OF AMERICAN REGISTRY FOR CONSIDERATION HERE WOULD BE THE S.S.

B-131594, MAY 17, 1957

TO THE SECRETARY OF STATE:

IN LETTER DATED APRIL 17, 1957, YOUR REFERENCE OIC, THE ACTING ASSISTANT SECRETARY-CONTROLLER REQUESTED OUR ADVANCE APPROVAL FOR THE USE OF THE FOREIGN FLAG VESSEL S.S. QUEEN MARY OF THE CUNARD LINE, DEPARTING CHERBOURG, FRANCE, JUNE 27, 1957, FOR NEW YORK, NEW YORK, BY MR. ELMER F. COPE OF THE UNITED STEELWORKERS OF AMERICA. MR. COPE IS BEING PROPOSED TO SERVE AS AN ADVISER, REPRESENTING THE WORKERS OF THE UNITED STATES, ON THE UNITED STATES DELEGATION TO THE 40TH SESSION OF THE INTERNATIONAL LABOR ORGANIZATION (ILO) WHICH IS SCHEDULED TO CONVENE IN GENEVA, SWITZERLAND, FROM JUNE 5 TO JUNE 27, 1957,. MR. COPE HAS STATED THAT, SUBSEQUENT TO THE CONFERENCE IN GENEVA, BUSINESS ON BEHALF OF HIS PRIVATE EMPLOYER WILL REQUIRE HIS PRESENCE IN THE UNITED STATES ON JULY 5, 1957.

SECTION 901/A) OF THE MERCHANT MARINE ACT, 1936, 49 STAT. 2015, AS AMENDED, 46 U.S.C. 1241, PROVIDES AS FOLLOWS:

"ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO AND FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY REFOR.'

WE HAVE ASCERTAINED THAT THE ONLY VESSELS OF AMERICAN REGISTRY FOR CONSIDERATION HERE WOULD BE THE S.S. CONSTITUTION OF THE AMERICAN EXPORT LINES WHICH IS SCHEDULED TO LEAVE NAPLES, ITALY, ON JUNE 30, 1957, ARRIVING IN NEW YORK ON JULY 8, AND THE S.S. UNITED STATES OF THE UNITED STATES LINES WHICH IS SCHEDULED TO LEAVE LE HAVRE, FRANCE, ON JULY 5, ARRIVING IN NEW YORK ON JULY 9. THE S.S. QUEEN MARY, HOWEVER, IS SCHEDULED TO LEAVE CHERBOURG JUNE 27, ARRIVING IN NEW YORK ON JULY 2. THIS SAILING WOULD ALLOW MR. COPE TO ARRIVE IN THE UNITED STATES IN SUFFICIENT TIME TO MEET HIS DEADLINE.

IN VIEW OF THE FACT THAT THE USE OF AN AMERICAN VESSEL WOULD NOT PLACE MR. COPE IN THE UNITED STATES IN TIME TO PERFORM HIS REQUIRED PRIVATE BUSINESS, WE CONCLUDE THAT AMERICAN VESSELS ARE NOT AVAILABLE FOR THE NECESSARY TRANSPORTATION WITHIN THE MEANING AND INTENT OF THE STATUTORY PROVISION. B-121112, OCTOBER 18, 1954. ACCORDINGLY, THE USE OF A VESSEL OF FOREIGN REGISTRY IN THIS INSTANCE IS AUTHORIZED.