B-135301, MAY 1, 1958

B-135301: May 1, 1958

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JOSEF BEST: REFERENCE IS MADE TO LETTER OF FEBRUARY 8 AND FEBRUARY 14. THE REASONS WHY OUR OFFICE MAY NOT CONSIDER YOUR CLAIM ARE CLEARLY SET FORTH IN OUR CLAIMS DIVISION LETTER TO YOU OF JANUARY 24. PROVIDES THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT ARE FOR SETTLEMENT AND ADJUSTMENT IN THE GENERAL ACCOUNTING OFFICE THERE IS INVOLVED HERE THE MATTER OF DISBURSING GERMAN FUNDS MADE AVAILABLE TO THE U.S. THE PROCEDURE FOR ADJUSTMENT OF CLAIMS SUCH AS HERE INVOLVED WAS THE SUBJECT OF CONSIDERABLE CORRESPONDENCE BETWEEN YOUR GOVERNMENT AND THE U.S. FORCES AND IT WAS AGREED THAT APPEALS FROM ADVERSE ACTION ON SUCH CLAIMS WOULD BE HANDLED BY U.S. OUR OFFICE IS NOT AUTHORIZED TO TAKE ANY ACTION WITH RESPECT TO ADJUSTING OR SETTLING SUCH CLAIMS.

B-135301, MAY 1, 1958

TO MR. JOSEF BEST:

REFERENCE IS MADE TO LETTER OF FEBRUARY 8 AND FEBRUARY 14, 1958, CONCERNING YOUR CLAIM FOR DM 938,671.83, REPRESENTING ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR THE CONSTRUCTION OF AN AMMUNITION STORAGE DEPOT NEAR KOEPPERN, GERMANY, PURSUANT TO REQUISITION ORDER DEMANDS ISSUED BY THE UNITED STATES FORCES IN GERMANY DURING THE PERIOD OF OCCUPATION.

THE REASONS WHY OUR OFFICE MAY NOT CONSIDER YOUR CLAIM ARE CLEARLY SET FORTH IN OUR CLAIMS DIVISION LETTER TO YOU OF JANUARY 24, 1958. IT MAY BE EMPHASIZED, HOWEVER, THAT WHILE SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF 1921, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT ARE FOR SETTLEMENT AND ADJUSTMENT IN THE GENERAL ACCOUNTING OFFICE THERE IS INVOLVED HERE THE MATTER OF DISBURSING GERMAN FUNDS MADE AVAILABLE TO THE U.S. FORCES BY THE OCCUPIED POWER IN DISCHARGE OF ITS OBLIGATION UNDER INTERNATIONAL LAW TO DEFRAY THE EXPENSE OF MAINTAINING THE FORCES OF THE VICTORIOUS POWER WITHIN THE BORDERS OF THE OCCUPIED NATION. THE PROCEDURE FOR ADJUSTMENT OF CLAIMS SUCH AS HERE INVOLVED WAS THE SUBJECT OF CONSIDERABLE CORRESPONDENCE BETWEEN YOUR GOVERNMENT AND THE U.S. FORCES AND IT WAS AGREED THAT APPEALS FROM ADVERSE ACTION ON SUCH CLAIMS WOULD BE HANDLED BY U.S. FORCES. CONSEQUENTLY, OUR OFFICE IS NOT AUTHORIZED TO TAKE ANY ACTION WITH RESPECT TO ADJUSTING OR SETTLING SUCH CLAIMS.

WHILE IT IS TRUE ALSO THAT REPRESENTATIVES OF OUR OFFICE INVESTIGATED DISPOSITION OF REQUISITION ORDER DEMAND FUNDS SUCH INVESTIGATION WAS MADE BY US AS AN AGENT OF THE CONGRESS SOLELY FOR THE PURPOSE OF DETERMINING HOW SUCH FUNDS WERE SPENT.