B-149426, JUL. 24, 1962

B-149426: Jul 24, 1962

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REQUESTS A DECISION AS TO THE RIGHT OF A SURETY TO HAVE REFUNDED TO HIM. WHICH DEMAND IS LATER FOUND TO HAVE BEEN IMPROPERLY MADE. THE JURISDICTION OF THIS OFFICE IS SUCH THAT DECISIONS OF THE NATURE YOU REQUEST ARE NOT REQUIRED OR AUTHORIZED BY LAW TO BE RENDERED AT THE REQUEST OF OTHER THAN A DISBURSING OFFICER.

B-149426, JUL. 24, 1962

TO HART, HUME AND ENGELMAN:

YOUR LETTER OF JULY 11, 1962, REQUESTS A DECISION AS TO THE RIGHT OF A SURETY TO HAVE REFUNDED TO HIM, RATHER THAN TO THE IMPORTER OF RECORD, MONEYS PAID BY THE SURETY IN RESPONSE TO A DEMAND BY A COLLECTOR OF CUSTOMS, WHICH DEMAND IS LATER FOUND TO HAVE BEEN IMPROPERLY MADE.

THE JURISDICTION OF THIS OFFICE IS SUCH THAT DECISIONS OF THE NATURE YOU REQUEST ARE NOT REQUIRED OR AUTHORIZED BY LAW TO BE RENDERED AT THE REQUEST OF OTHER THAN A DISBURSING OFFICER, CERTIFYING OFFICER, OR THE HEAD OF A GOVERNMENT DEPARTMENT OR ESTABLISHMENT, AND IN CERTAIN INSTANCES TO CONTRACTING OFFICERS. SEE 31 U.S.C. 79 (THIRD PARAGRAPH), 82D AND 82E. ALSO, SEE 26 COMP. GEN. 993.

IT APPEARS, HOWEVER, THAT THE MATTER PRESENTED BY YOU PROPERLY MIGHT BE RESOLVED BY THE APPROPRIATE OFFICIALS OF THE ADMINISTRATIVE AGENCY CONCERNED. SEE IN THIS CONNECTION 19 U.S.C. 1514, 1515, AND 1623.