B-157702, OCT. 27, 1965

B-157702: Oct 27, 1965

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THIS OFFICE IS WITHOUT AUTHORITY TO RENDER A BINDING DECISION IN THE MATTER. SO FAR AS THIS OFFICE IS CONCERNED. YOU ARE AUTHORIZED TO PAY AS REIMBURSEMENT OF FEES TO PROCTER AND GAMBLE COMPANY THAT AMOUNT ESTABLISHED AS PROPER BY APPROPRIATE ADMINISTRATIVE AUTHORITY. THE VOUCHER ENCLOSED WITH YOUR LETTER IS RETURNED HEREWITH.

B-157702, OCT. 27, 1965

TO MR. JOSEPH J. LACAMERA, AUTHORIZED CERTIFYING OFFICER, AGENCY FOR INTERNATIONAL DEVELOPMENT:

BY LETTER OF JUNE 22, 1965 C/FRD/VEB-4-MA, YOU TRANSMITTED A VOUCHER DRAWN IN FAVOR OF THE PROCTER AND GAMBLE COMPANY IN THE AMOUNT OF $15,335.66, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF CERTIFYING SAME TO COVER PAYMENT OF THAT COMPANY'S CLAIM FOR REFUND OF CERTAIN FEES PAID BY IT UNDER AN INVESTMENT GUARANTY CONTRACT WITH THE EXPORT-IMPORT BANK OF WASHINGTON.

SUBSECTION 635 (I) OF THE FOREIGN ASSISTANCE ACT OF 1961, 22 U.S.C. 2395 (I), PROVIDES THAT:

"CLAIMS ARISING AS A RESULT OF INVESTMENT GUARANTY OPERATIONS MAY BE SETTLED, AND DISPUTES ARISING AS A RESULT THEREOF MAY BE ARBITRATED WITH THE CONSENT OF THE PARTIES, ON SUCH TERMS AND CONDITIONS AS THE PRESIDENT MAY DIRECT. PAYMENT MADE PURSUANT TO ANY SUCH SETTLEMENT, OR AS A RESULT OF AN ARBITRATION AWARD, SHALL BE FINAL AND CONCLUSIVE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.'

IN LIGHT OF THESE PROVISIONS AND SINCE THE CLAIM IN QUESTION ARISES UNDER OPERATIONS TO WHICH THEY APPLY, THIS OFFICE IS WITHOUT AUTHORITY TO RENDER A BINDING DECISION IN THE MATTER.

ACCORDINGLY, SO FAR AS THIS OFFICE IS CONCERNED, YOU ARE AUTHORIZED TO PAY AS REIMBURSEMENT OF FEES TO PROCTER AND GAMBLE COMPANY THAT AMOUNT ESTABLISHED AS PROPER BY APPROPRIATE ADMINISTRATIVE AUTHORITY. THE VOUCHER ENCLOSED WITH YOUR LETTER IS RETURNED HEREWITH.