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B-122697, JUN. 6, 1956

B-122697 Jun 06, 1956
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THE LATTER AMOUNT WAS PAID TO THE DIRECTOR GENERAL OF CUSTOMS. THE LATTER WAS GIVEN A LETTER BY LIEUTENANT PAUL D. A CONTRACT WAS ENTERED INTO BETWEEN THE FOREIGN LIQUIDATION COMMISSION. WHEREBY THERE WAS SOLD TO THE LATTER "ALL MOVABLE PROPERTY OWNED BY THE UNITED STATES OF AMERICA AND LOCATED AT U.S. CAMP ATAKA WAS CLOSED BY THE DEPARTMENT OF THE ARMY. THE PROPERTY DESCRIBED AS LOT 6 WAS ERRONEOUSLY DECLARED SURPLUS TO THE FOREIGN LIQUIDATION COMMISSION. AN INVESTIGATION WAS MADE OF THE MATTER AND IT WAS RECOMMENDED THAT THE CLAIM BE APPROVED IN THE AMOUNT OF $18. WHILE THE CLAIM WAS PENDING IN THIS OFFICE. INFORMATION WAS RECEIVED FROM THE ATTORNEY FOR MR. ABRAMOVITZ THAT THE CLAIMANT WAS DECEASED.

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B-122697, JUN. 6, 1956

TO THE SECRETARY OF STATE:

THE RECORDS OF THIS OFFICE SHOW THAT UNDER DATE OF FEBRUARY 25, 1946, THE SALVAGE SECTION, OFFICE OF THE QUARTERMASTER, APO 678, DEPARTMENT OF THE ARMY, ENTERED INTO CONTRACT NO. W-7660-Q-S-53 WITH ONE FRANK H. S. WALLER UNDER WHICH THE LATTER AGREED TO PURCHASE CERTAIN SURPLUS PROPERTY LOCATED AT CAMP ATAKA, SUEZ, EGYPT, DESCRIBED AS LOT 6 OF INVITATION NO. 7660-S-46 -79, AT THE PRICE OF 17,500.000 EGYPTIAN POUNDS (EGYPTIAN CURRENCY), OR FOR THE SUM OF $72,650.88 IN AMERICAN DOLLARS. THE CONTRACT REQUIRED THE SUCCESSFUL BIDDER TO PAY TO THE UNITED STATES ARMY IMPORT DUTIES AMOUNTING TO 22 PERCENT OF THE BID PRICE, AND THE ARMY AGREED TO ASSUME ALL IMPORT DUTIES PAYABLE TO THE EGYPTIAN AND/OR ANY OTHER GOVERNMENT. THE RECORD SHOWS COLLECTION FROM MR. WALLER OF SUMS AGGREGATING $72,423.28, PLUS THE SUM OF $15,933.12 FOR CUSTOMS DUTY. THE LATTER AMOUNT WAS PAID TO THE DIRECTOR GENERAL OF CUSTOMS, ALEXANDRIA, EGYPT, ON VOUCHER NO. 171 IN THE APRIL 1946 ACCOUNTS OF MAJOR W. TROOLIN, FINANCE DEPARTMENT.

THE RECORD INDICATES THAT MR. WALLER THEREAFTER SOLD THE PROPERTY IN QUESTION TO ONE L. ABRAMOVITZ, AND UNDER DATE OF APRIL 29,1946, THE LATTER WAS GIVEN A LETTER BY LIEUTENANT PAUL D. HAUSENBAUER, QUARTERMASTER CORPS, SALVAGE OFFICER, AUTHORIZING DELIVERY TO HIM OF LOT 6. IN THE MEANTIME, AND ON APRIL 17, 1946, A CONTRACT WAS ENTERED INTO BETWEEN THE FOREIGN LIQUIDATION COMMISSION, DEPARTMENT OF STATE, AND ONE D. XENOPHON, WHEREBY THERE WAS SOLD TO THE LATTER "ALL MOVABLE PROPERTY OWNED BY THE UNITED STATES OF AMERICA AND LOCATED AT U.S. ARMY HQ CAMP ATAKA AND AT ATAKA SUB- DEPOT NO. 1, SUEZ, EGYPT," FOR A PURCHASE PRICE OF 6,000 EGYPTIAN POUNDS, OR APPROXIMATELY $24,600 IN AMERICAN DOLLARS. THE RECORD INDICATES THAT SOMETIME FOLLOWING THE SALE TO MR. WALLER, CAMP ATAKA WAS CLOSED BY THE DEPARTMENT OF THE ARMY, AND THE PROPERTY DESCRIBED AS LOT 6 WAS ERRONEOUSLY DECLARED SURPLUS TO THE FOREIGN LIQUIDATION COMMISSION.

UNDER DATE OF JULY 26, 1946, MR. ABRAMOVITZ FILED A CLAIM WITH THE "FOREIGN CLAIMS OFFICER" FOR THE SUM OF 6,000 EGYPTIAN POUNDS, THAT AMOUNT REPRESENTING THE ALLEGED VALUE OF THE PROPERTY SOLD BY MR. WALLER TO MR. ABRAMOVITZ BUT SUBSEQUENTLY FOUND NOT TO BE AVAILABLE FOR DELIVERY TO THE LATTER SINCE THE PROPERTY HAD BEEN SOLD BY THE FOREIGN LIQUIDATION COMMISSION TO MR. XENOPHON AND DELIVERY MADE TO HIM. AN INVESTIGATION WAS MADE OF THE MATTER AND IT WAS RECOMMENDED THAT THE CLAIM BE APPROVED IN THE AMOUNT OF $18,317.08, CONSISTING OF A REFUND IN THE AMOUNT OF $15,014, PLUS 22 PERCENT THEREOF--- $3,303.08 -- AS CUSTOMS DUTIES.

WHILE THE CLAIM WAS PENDING IN THIS OFFICE, INFORMATION WAS RECEIVED FROM THE ATTORNEY FOR MR. ABRAMOVITZ THAT THE CLAIMANT WAS DECEASED, THERE BEING FURNISHED EVIDENCE OF THE DEVOLUTION OF HIS ESTATE TO HIS HEIRS. UNDER DATE OF MAY 21, 1956, THIS OFFICE CERTIFIED FOR PAYMENT TO LEA ABRAMOVITZ, AS THE WIDOW OF THE DECEASED, AND TO EVI ABRAMOVITZ, AS THE SON OF THE DECEASED, THE SUMS OF $11,448.18 AND $6,868.90, RESPECTIVELY, THESE AMOUNTS REPRESENTING THE INTERESTS OF THE HEIRS IN THE ESTATE AS DETERMINED BY THE DISTRICT COURT OF TEL-AVIV.

IN CONNECTION WITH HIS RECOMMENDATION THAT A REFUND BE MADE IN THIS CASE, THE INVESTIGATING OFFICER MADE THE FOLLOWING STATEMENTS:

"AS CERTAIN PROPERTY WAS DELIVERED TO MR. XENOPHON AND NOT TO MR. ABRAMOVITZ, IT IS LOGICAL THAT MR. ABRAMOVITZ BE REIMBURSED THE COST OF SAME, PLUS THEIR 22 PERCENT CUSTOMS DUTIES WHICH HE HAD ALREADY PAID TO THE U.S. ARMY.

"THE ARMY WILL, IN TURN, HAVE THE RIGHT TO CLAIM THE RETURN OF THE 22 PERCENT CUSTOMS DUTIES PAID TO THE EGYPTIAN CUSTOMS.'

THE FOREGOING MATTER IS PRESENTED FOR YOUR OFFICIAL CONSIDERATION TO THE END THAT A REFUND MAY BE OBTAINED FROM THE EGYPTIAN GOVERNMENT OF THE AMOUNT OF $3,303.08.

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