B-24613, APRIL 7, 1942, 21 COMP. GEN. 909

B-24613: Apr 7, 1942

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PAYMENT OF OCEAN FREIGHT CHARGES - LACK OF PROPERLY EVIDENCED DELIVERY DUE TO WAR CONDITIONS THE GENERAL RULE IS THAT DELIVERY OF CARGO AT PORT OF DESTINATION IS A CONDITION PRECEDENT TO THE RIGHT TO OCEAN FREIGHT CHARGES. " IT IS ESSENTIAL THAT SUCH PROVISION. WHERE SHIPMENT BY OCEAN CARRIER IS MADE ON A GOVERNMENT BILL OF LADING. THE TERMS OF WHICH CONTEMPLATE THAT PAYMENT OF FREIGHT IS DEPENDENT UPON THE SUBMISSION OF THE BILL OF LADING PROPERLY ACCOMPLISHED. PAYMENT OF FREIGHT IS NOT AUTHORIZED WITHOUT A SHOWING OF DELIVERY OR OF EXCUSABLE FAILURE TO DELIVER. THE SHIPMENT IS SUBJECT TO THE SAME RULES AND CONDITIONS GOVERNING SHIPMENTS ON THE CARRIER'S COMMERCIAL BILLS OF LADING. ONE OF WHICH CONDITIONS IS THAT FULL FREIGHT IS DUE UPON RECEIPT OF GOODS BY THE SHIP OWNER.

B-24613, APRIL 7, 1942, 21 COMP. GEN. 909

PAYMENT OF OCEAN FREIGHT CHARGES - LACK OF PROPERLY EVIDENCED DELIVERY DUE TO WAR CONDITIONS THE GENERAL RULE IS THAT DELIVERY OF CARGO AT PORT OF DESTINATION IS A CONDITION PRECEDENT TO THE RIGHT TO OCEAN FREIGHT CHARGES, SO THAT, WHILE THE PARTIES TO A SHIPMENT MAY AGREE TO A DIFFERENT RULE AND STIPULATE THAT FULL FREIGHT TO DESTINATION SHALL BE DUE AND PAYABLE UPON RECEIPT OF THE GOODS BY THE CARRIER AND SHALL BE DEEMED FULLY EARNED "VESSEL LOST OR NOT LOST," IT IS ESSENTIAL THAT SUCH PROVISION, TO BE EFFECTIVE, BE CLEARLY A PART OF THE CONTRACT OF CARRIAGE. WHERE SHIPMENT BY OCEAN CARRIER IS MADE ON A GOVERNMENT BILL OF LADING, THE TERMS OF WHICH CONTEMPLATE THAT PAYMENT OF FREIGHT IS DEPENDENT UPON THE SUBMISSION OF THE BILL OF LADING PROPERLY ACCOMPLISHED, INCLUDING THE CERTIFICATE OF THE CONSIGNEE SHOWING RECEIPT AT DESTINATION, PAYMENT OF FREIGHT IS NOT AUTHORIZED WITHOUT A SHOWING OF DELIVERY OR OF EXCUSABLE FAILURE TO DELIVER, NOTWITHSTANDING THE PROVISION IN SAID BILL OF LADING THAT, UNLESS OTHERWISE SPECIFIED, THE SHIPMENT IS SUBJECT TO THE SAME RULES AND CONDITIONS GOVERNING SHIPMENTS ON THE CARRIER'S COMMERCIAL BILLS OF LADING, ONE OF WHICH CONDITIONS IS THAT FULL FREIGHT IS DUE UPON RECEIPT OF GOODS BY THE SHIP OWNER, AND SHALL BE DEEMED "IRREVOCABLY EARNED, VESSEL OR GOODS LOST OR NOT LOST.' WHERE THE ORIGINAL GOVERNMENT BILLS OF LADING OR OTHER RECEIPTS SHOWING DELIVERY OF SHIPMENTS TO THE PHILIPPINE ISLANDS AND GUAM CANNOT BE OBTAINED BY REASON OF WAR, NO OBJECTION WILL BE MADE TO OTHERWISE PROPER PAYMENTS OF TRANSPORTATION CHARGES UPON THE BASIS OF COPIES OF THE BILLS OF LADING ACCOMPANIED BY AN ADMINISTRATIVE CERTIFICATION THAT SUCH COPIES CORRESPOND IN PERTINENT PART TO THE DULY SIGNED MEMORANDUM COPIES RETAINED IN THE ADMINISTRATIVE OFFICE SHOWING RECEIPT OF THE SHIPMENTS FOR TRANSPORTATION, TOGETHER WITH THE CARRIER'S WAIVER OF COLLECTION OF ANY FURTHER CHARGES IF THE ORIGINALS ARE LATER LOCATED, AND A SATISFACTORY SHOWING, SUBSTANTIATED BY ADMINISTRATIVE CERTIFICATION, OF THE CONDITIONS RELIED UPON AS EXCUSING NONDELIVERY OR FAILURE TO OBTAIN RECEIPTS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, APRIL 7, 1942:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1942, FILE L21-2 (420225) S MFL:KG, AS FOLLOWS:

THERE ARE SUBMITTED HEREWITH A CERTIFICATE AND WAIVER OF CARRIER; LIST OF SHIPMENTS AND CHARGES TO MANILA AND GUAM; AND BILL FOR $30.13 SUPPORTED BY COPY OF BILL OF LADING NO. 637226, WITH REQUEST FOR DECISION AS TO WHAT EVIDENCE WILL BE REQUIRED FOR MAKING PAYMENT OF FREIGHT CHARGES WHEN EVIDENCE OF DELIVERY OF MATERIAL IN THE FORM OF AN ORIGINAL ACCOMPLISHED GOVERNMENT BILL OF LADING OR WRITTEN RECEIPT CANNOT BE SECURED FROM THE CONSIGNEE OF THE SHIPMENT.

SHIPMENTS MADE UNDER GOVERNMENT BILLS OF LADING ARE IN ACCORDANCE WITH PARAGRAPH NO. 2 OF CONDITIONS ON THE REVERSE OF ORIGINAL GOVERNMENT BILL OF LADING FORM NO. 1058 SUBJECT TO THE SAME RULES AND CONDITIONS AS GOVERN COMMERCIAL SHIPMENTS MADE ON THE USUAL FORM PROVIDED THEREFOR BY THE CARRIER.

THE COMMERCIAL BILL OF LADING FORM USED IN SHIPMENTS TO THE FAR EAST CONTAINS THE FOLLOWING PROVISION:

"FULL FREIGHT TO DESTINATION, WHETHER INTENDED TO BE PREPAID OR COLLECTED AT DESTINATION, AND ALL ADVANCE CHARGES ARE DUE AND PAYABLE TO THE SHIP OWNER UPON RECEIPT OF THE GOODS BY THE LATTER, AND SHALL BE DEEMED FULLY AND IRREVOCABLY EARNED, VESSEL OR GOODS LOST OR NOT LOST, AT ANY STAGE OF THE ENTIRE TRANSIT, OR EVEN IF THE VOYAGE HAD NEVER BEGUN, OR THE GOODS NEVER LOADED, OR IF THERE SHALL BE A FORCED INTERRUPTION OR ABANDONMENT OF THE VOYAGE AT A PORT OF DISTRESS OR ELSEWHERE. WHEN PAYABLE AT DESTINATION, THE FREIGHT CHARGES SHALL BE PAID IN FULL EVEN IF THE GOODS ARE DELIVERED IN A DAMAGED OR UNSOUND CONDITION.'

DUE TO THE PRESENT EMERGENCY AND THAT A FOREIGN POWER IS IN POSSESSION OF MANILA AND GUAM, IT IS NOT POSSIBLE TO SECURE THE ORIGINAL GOVERNMENT BILLS OF LADING OR ANY EVIDENCE FROM NAVY RECORDS THAT THE MATERIAL WAS DELIVERED TO DESTINATION. IT IS REASONABLE TO SUPPOSE THAT SUCH RECORDS AND SUPPLIES WHICH WERE NOT DESTROYED BY THE AMERICAN FORCES HAVE BEEN SEIZED BY THE ENEMY AND WILL EITHER BE USED OR DESTROYED. IT DOES NOT APPEAR PROBABLE THAT IT CAN EVER BE DETERMINED FROM GOVERNMENT RECORDS THAT THE MATERIAL WAS DELIVERED AT DESTINATION.

THE CARRIER HAVING RENDERED TRANSPORTATION SERVICES IS ENTITLED TO PAYMENT. IT DOES NOT APPEAR THAT THE INABILITY TO PRODUCE ORIGINAL GOVERNMENT BILL OF LADING SHOULD DEPRIVE THE CARRIER OF THE RIGHT TO COLLECT EARNED TRANSPORTATION CHARGES. NOR DOES IT APPEAR THAT THE INABILITY OF THE NAVY TO ESTABLISH PROOF OF RENDITION OF THE SERVICES CAN BE GROUNDS FOR REFUSAL TO PAY THE CARRIER FOR SERVICES.

THE CARRIER HAS FURNISHED SUCH PROOF IN CONNECTION WITH THE SHIPMENT AS IS AVAILABLE IN VIEW OF THE EMERGENCY, CONSISTING OF A COPY OF BILL OF LADING SHOWING THAT THE MATERIAL WAS ACTUALLY RECEIVED FOR SHIPMENT, AND A WAIVER OF COLLECTION OF ANY FURTHER FREIGHT CHARGES IF THE ORIGINAL BILL OF LADING IS LATER RECEIVED.

A DECISION IS REQUESTED AS TO WHETHER THE FREIGHT CHARGES CAN BE PAID WHEN THE BILL IS SUPPORTED BY A COPY OF THE BILL OF LADING AND WAIVER BY THE TRANSPORTATION COMPANY BASED ON PARAGRAPH 2 OF THE GOVERNMENT BILL OF LADING AND THE RULE IN THE COMMERCIAL BILL OF LADING THAT ,FULL FREIGHT TO DESTINATION WHETHER INTENDED TO BE PREPAID OR COLLECTED AT DESTINATION AND ALL CHARGES ARE DUE AND PAYABLE TO THE SHIP OWNER UPON RECEIPT OF THE GOODS BY THE LATTER AND SHALL BE DEEMED FULLY IRREVOCABLY EARNED, THE VESSEL OR GOODS LOST OR NOT LOST.'

IF THE ABOVE QUESTION IS ANSWERED IN THE NEGATIVE, DECISION IS REQUESTED AS TO WHETHER FREIGHT CHARGES CAN BE PAID BASED ON A COPY OF THE GOVERNMENT BILL OF LADING SHOWING MATERIAL SHIPPED, A CERTIFIED COPY OF DISPATCH OR LETTER REPORTING THAT THE PARTICULAR VESSEL HAS DISCHARGED CARGO AT THE PORT TO WHICH SHIPMENT WAS DESTINED, AND A WAIVER OF THE CARRIER TO COLLECTION OF CHARGES IF THE ORIGINAL GOVERNMENT BILL OF LADING IS LATER LOCATED.

IF THE ABOVE TWO QUESTIONS ARE ANSWERED IN THE NEGATIVE, A DECISION IS REQUESTED AS TO WHAT SUPPORTING PAPERS MUST BE FURNISHED ON WHICH PAYMENT OF FREIGHT CHARGES CAN BE MADE TO THE CARRIER, BEARING IN MIND THAT COMMUNICATION WITH PLACES UNDER ENEMY CONTROL IS IMPOSSIBLE.

AS THERE ARE ON HAND 562 BILLS OF TRANSPORTATION CARRIERS INVOLVING THE QUESTION OF PROOF OF DELIVERY, THE FAVOR OF SUCH EARLY CONSIDERATION AS MAY BE PRACTICABLE WILL BE APPRECIATED.

THE BILL SUBMITTED WITH THE ABOVE REQUEST FOR DECISION IS ONE PRESENTED IN THE NAME OF THE COASTWISE ( PACIFIC FAR EAST) LINE BEARING NO NUMBER BUT CLAIMING $30.13 AS CHARGES PAYABLE ON A SHIPMENT COVERED BY BILL OF LADING, ACCOMPANYING THE SUBMISSION, INDICATES THAT A SHIPMENT OF " CAP SCREWS," " STATIONERY," AND " STATIONERY SUPPLIES," TOTAL WEIGHT 1,228 POUNDS, WAS RECEIVED BY THE AMERICAN PRESIDENT LINES FROM THE " RESIDENT OFFICER IN CHARGE, CONTRACT NOY-4173, ALAMEDA, CALIF," FOR TRANSPORTATION FROM SAN FRANCISCO, CALIF., TO ANCHORAGE APRA, GUAM,"BY SAID COMPANY AND CONNECTING LINES" VIA THE " S.S. COAST FARMER," THERE TO BE DELIVERED TO " RESIDENT OFFICER IN CHARGE, CONTRACT NOY 4173, GUAM.' THE MEMORANDUM COPY BEARS NO SIGNATURE BUT SHOWS BY STAMP, IN THE SPACE PROVIDED FOR SHOWING ON THE ORIGINAL BILL OF LADING THE SIGNATURE OF THE AGENT OF THE CARRIER RECEIVING THE SHIPMENT FOR TRANSPORTATION, THE FOLLOWING "FOR THE MASTER, AND FOR COASTWISE ( PACIFIC FAR EAST) LINE, CHARTERED OWNER OF THE VESSEL, BY AMERICAN PRESIDENT LINES, LTD. AMERICAN PRESIDENT LINES 11-10-41.'

AN AFFIDAVIT SUBMITTED WITH THE CLAIM, CAPTIONED " CERTIFICATE AND WAIVER BY TRANSPORTATION COMPANY," AND SIGNED BY B. H. PARKINSON, CONTAINS THE FOLLOWING AVERMENTS:

* * * I AM IN CHARGE OF THE ACCOUNTING AND FINANCE OF COASTWISE ( PACIFIC FAR EAST) LINE, AND THAT MY DUTIES INCLUDE THE SUPERVISION OF AUDITING OF BILLS OF LADING AND THE COLLECTION OF MONEY DUE THIS COMPANY FOR TRANSPORTATION SERVICE, THAT I HAVE EXAMINED EACH OF THE BILLS OF LADING SCHEDULED ON EXHIBIT 1, S.S.' COAST FARMER," TOTALLING $51,708.86, AND HEREBY CERTIFY THAT SUCH BILLS OF LADING SCHEDULED ON SAID EXHIBITS AND DESCRIBED BY ATTACHMENT HERETO OF THE DUPLICATE OF THE ORIGINAL OF EACH BILL OF LADING HAVE NEVER BEEN STATED IN ANY ACCOUNT RENDERED BY THIS COMPANY, AND IS NOT IN ITS POSSESSION, NOR CAN SAME BE LOCATED BY IT. UPON SUBSTITUTION OF THIS CERTIFICATE, IT IS AGREED THAT SHOULD THE SAID BILLS OF LADING, OR ANY OF THEM SUBSEQUENTLY COME INTO POSSESSION OF THIS COMPANY, THEY OR IT WILL AT ONCE BE SURRENDERED TO THE PROPER ADMINISTRATIVE OFFICER OF THE UNITED STATES, AND NO CLAIM MADE THEREON. THE " EXHIBIT 1," REFERRED TO, LISTS NUMEROUS BILLS OF LADING BY NUMBER AS COVERING VARIOUS SHIPMENTS VIA THE " S.S. COAST FARMER VOY. 77 WESTBOUND" TO MANILA AND TO GUAM.

NO COPY OF THE COMMERCIAL BILL OF LADING FROM WHICH THE PROVISION RELATIVE TO THE EARNING OF FREIGHT CHARGES IS QUOTED ACCOMPANIED THE SUBMISSION. HOWEVER, IT SEEMS CLEARLY ESTABLISHED THAT GOVERNMENT BILLS OF LADING WERE ISSUED FOR THE TRANSPORTATION OF THESE SHIPMENTS AND THERE ARE FOR CONSIDERATION IN THAT CONNECTION THE PERTINENT PROVISIONS THEREOF AS AFFECTING THE RIGHT OF THE CARRIER TO PAYMENT OF CHARGES UNDER THE CIRCUMSTANCES INDICATED AS OBTAINING IN CONNECTION WITH THIS CLAIM. THE GOVERNMENT BILL OF LADING, STANDARD FORM NO. 1058, EMBODIES, AMONG THE PROVISIONS TO WHICH THE FORWARDING OF THE SHIPMENT COVERED THEREBY IS MADE SUBJECT, THE FOLLOWING:

IT IS MUTUALLY AGREED AND UNDERSTOOD BETWEEN THE UNITED STATES AND CARRIERS WHO ARE PARTIES TO THIS BILL OF LADING THAT---

1. PREPAYMENT OF CHARGES SHALL IN NO CASE BE DEMANDED BY CARRIER, NOR SHALL COLLECTION BE MADE FROM CONSIGNEE. ON PRESENTATION TO THE OFFICE INDICATED ON THE FACE HEREOF OF THIS BILL OF LADING, PROPERLY ACCOMPLISHED, ATTACHED TO FREIGHT VOUCHER PREPARED ON THE AUTHORIZED GOVERNMENT FORM, PAYMENT WILL BE MADE TO THE LAST CARRIER UNLESS OTHERWISE SPECIFICALLY STIPULATED.

2. UNLESS OTHERWISE SPECIFICALLY PROVIDED OR OTHERWISE STATED HEREON, THIS BILL OF LADING IS SUBJECT TO THE SAME RULES AND CONDITIONS AS GOVERN COMMERCIAL SHIPMENTS MADE ON THE USUAL FORMS PROVIDED THEREFOR BY THE CARRIER.

ALSO, UNDER THE CAPTION OF " INSTRUCTIONS," ON THE BACK OF THE BILL OF LADING APPEARS THE FOLLOWING:

* * * THE CONSIGNEE ON RECEIPT OF THE SHIPMENT WILL SIGN THE CONSIGNEE'S CERTIFICATE ON THE ORIGINAL BILL OF LADING AND SURRENDER THE BILL OF LADING TO THE LAST CARRIER. THE BILL OF LADING THEN BECOMES THE EVIDENCE UPON WHICH SETTLEMENT FOR THE SERVICE WILL BE MADE. MEMORANDUM COPIES OF BILLS OF LADING MAY BE USED AS ADMINISTRATIVE OFFICERS DIRECT.

AS A GENERAL RULE, AND IN THE ABSENCE OF EXPRESS PROVISION TO THE CONTRARY, DELIVERY OF THE CARGO AT THE PORT OF DESTINATION IS A CONDITION PRECEDENT TO THE RIGHT TO FREIGHT. WHILE THE PARTIES MAY AGREE UPON A DIFFERENT RULE AND STIPULATE THAT FULL FREIGHT TO DESTINATION SHALL BE DUE AND PAYABLE UPON RECEIPT OF THE GOODS BY THE CARRIER AND SHALL BE DEEMED FULLY EARNED "VESSEL LOST OR NOT LOST," AS HELD IN ALLAN WILDE TRANSPORT CORPORATION V. VACUUM OIL CO., 248 U.S. 377; INTERNATIONAL PAPER CO. V. THE " GRACIE D. CHAMBERS," 248 ID. 387, AND STANDARD VARNISH WORKS V. THE " BRIE," 248 ID. 392, IT IS ESSENTIAL THAT SUCH PROVISION, TO BE EFFECTIVE, BE CLEARLY A PART OF THE CONTRACT OF CARRIAGE. SEE, IN THIS CONNECTION, TOYO KISEN KAISHA V. W. R. GRACE AND CO., 53 F./2D) 740. VIEW, THEREFORE, OF THE APPARENT INCONSISTENCY BETWEEN THE PROVISION OF THE GOVERNMENT BILL OF LADING FOR PAYMENT OF CHARGES UPON PRESENTATION OF THE BILL OF LADING PROPERLY ACCOMPLISHED, WHICH SEEMS CLEARLY TO CONTEMPLATE THE EXECUTION BY THE CONSIGNEE OF THE CERTIFICATE OF DELIVERY SHOWING RECEIPT OF THE SHIPMENT AT DESTINATION, AND THE PROVISION IN THE COMMERCIAL BILL OF LADING TO THE EFFECT THAT FULL FREIGHT TO DESTINATION IS DUE AND PAYABLE UPON RECEIPT OF THE GOODS BY THE SHIPOWNER AND SHALL BE DEEMED "IRREVOCABLY EARNED, VESSEL OR GOODS, LOST OR NOT LOST," PAYMENT ON THE BASIS OF THE MEMORANDUM COPY OF THE GOVERNMENT BILL OF LADING AND WAIVER BY THE TRANSPORTATION COMPANY, WITHOUT MORE--- THERE BEING NO SHOWING OF DELIVERY OF THE SHIPMENT OR OF EXCUSABLE FAILURE TO DELIVER- - WOULD NOT APPEAR TO BE AUTHORIZED.

HOWEVER, THE RECORD SUBMITTED IN CONNECTION WITH THE PRESENT MATTER SUGGESTS, THOUGH IT IS NOT EXPRESSLY SO STATED, THAT THE DIFFICULTY HERE IS NOT THAT THESE PARTICULAR SHIPMENTS WERE NOT TRANSPORTED TO DESTINATION BUT RATHER THAT DUE TO CONDITIONS OF WAR PREVAILING IN THE PHILIPPINE ISLANDS AND GUAM, IT IS NOT POSSIBLE TO ESTABLISH OF RECORD THAT SAID SHIPMENTS WERE RECEIVED BY THE CONSIGNEE FROM THE CARRIER AT DESTINATION. IN VIEW OF THE KNOWN CONDITIONS IN SAID ISLANDS, AS COMMONLY REPORTED IN PUBLIC DISPATCHES, ANY FAILURE TO TRANSFER THE GOODS TO, OR TO TAKE RECEIPT FROM, THE CONSIGNEE UPON THE DISCHARGE OF CARGO AT DESTINATION AT ANY TIME SINCE THE EARLY PART OF DECEMBER 1941, REASONABLY MAY BE ASSUMED TO BE DUE TO THE INABILITY OF THE CONSIGNEE TO RECEIVE RATHER THAN TO ANY FAILURE OF THE CARRIER TO DELIVER, AND SO WOULD NOT DEFEAT THE RIGHT OF THE CARRIER TO FREIGHT CHARGES. IN ANY EVENT, IT WOULD APPEAR THAT WHERE THE CARRIER CLAIMS CHARGES WITHOUT SHOWING DELIVERY OF THE SHIPMENT IT REASONABLY MAY BE REQUIRED TO SHOW WHAT PARTICULAR FACTS OR CIRCUMSTANCES IT RELIES UPON AS RELIEVING IT FROM THE DUTY TO EFFECT DELIVERY AND OBTAIN RECEIPT FROM THE CONSIGNEE, AND TO CERTIFY THAT SO FAR AS KNOWN THE SHIPMENT WOULD HAVE BEEN DELIVERED BUT FOR SUCH FACTS AND CIRCUMSTANCES. SEE DECISION OF MAY 27, 1918, 24 COMP. DEC. 707.

ACCORDINGLY, YOU ARE ADVISED THAT THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE PAYMENT, OTHERWISE PROPER OF CARRIERS' BILLS FOR TRANSPORTATION CHARGES ON SHIPMENTS TO THE PHILIPPINE ISLANDS OR GUAM IN INSTANCES WHERE THE ORIGINAL BILL OF LADING OR OTHER FORM OF RECEIPT SHOWING DELIVERY TO THE CONSIGNEE CANNOT BE OBTAINED, IF A SATISFACTORY SHOWING BE MADE OF FACTS OR CIRCUMSTANCES REASONABLY ESTABLISHING THE CARRIERS' INABILITY, BY REASON OF WAR, TO EFFECT DELIVERY AND OBTAIN A RECEIPT FROM THE CONSIGNEE, WHERE THE CLAIM IN EACH INSTANCE IS SUPPORTED BY A MEMORANDUM COPY OR SHIPPING ORDER COPY OF THE BILL OF LADING SHOWING THE MATERIAL SHIPPED AND CORRESPONDING IN PERTINENT DETAIL WITH THE MEMORANDUM COPY DULY SIGNED BY THE CARRIER'S AGENT AND RETAINED ADMINISTRATIVELY AS CONTEMPLATED IN THE INSTRUCTIONS ON THE REVERSE OF THE ORIGINAL BILL OF LADING. IN ANSWER TO THE SPECIFIC INQUIRY "AS TO WHETHER FREIGHT CHARGES CAN BE PAID BASED ON A COPY OF THE GOVERNMENT BILL OF LADING SHOWING MATERIAL SHIPPED, A CERTIFIED COPY OF DISPATCH OR LETTER REPORTING THAT THE PARTICULAR VESSEL HAS DISCHARGED CARGO AT THE PORT TO WHICH SHIPMENT WAS DESTINED AND A WAIVER OF THE CARRIER TO COLLECTION OF CHARGES IF THE ORIGINAL GOVERNMENT BILL OF LADING IS LATER LOCATED," IT MAY BE STATED THAT IN ADDITION TO THE MATTERS THUS MENTIONED THERE SHOULD BE AN AFFIRMATIVE CERTIFICATION BY THE CARRIER TO THE EFFECT THAT SO FAR AS KNOWN DELIVERY COULD AND WOULD HAVE BEEN MADE BUT FOR THE FACTS--- STATING THEM--- WHICH IT CONSIDERS EXCUSE ITS FAILURE TO EFFECT DELIVERY OR TO OBTAIN RECEIPT, TOGETHER WITH AN ADMINISTRATIVE CERTIFICATION TO THE EFFECT THAT (1) THE EMERGENCY CONDITION, AS REPRESENTED BY THE CARRIER, EXISTED AT DESTINATION, (2) THAT THERE IS ON FILE WITH THE NAVY DEPARTMENT A MEMORANDUM COPY OF THE BILL OF LADING, DULY SIGNED BY THE CARRIER'S AGENT, SHOWING RECEIPT OF THE PARTICULAR SHIPMENT FOR TRANSPORTATION, AND (3) THAT SAID MEMORANDUM COPY CORRESPONDS IN PERTINENT PART WITH THE COPY OF BILL OF LADING PRESENTED BY THE CARRIER. THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO OTHERWISE PROPER PAYMENTS BASED UPON SUCH A RECORD.