B-156583, MAY 5, 1965

B-156583, MAY 5, 1965

TO MR. ANGELO J. SMERALDI, MOGADISCIO, SOMALI REPUBLIC:

THIS REFERS TO YOUR LETTER OF APRIL 6, 1965, REQUESTING REVIEW OF SETTLEMENT OF JANUARY 7, 1965, WHICH DISALLOWED YOUR CLAIM FOR $191.13, REPRESENTING OCEAN FREIGHT CHARGES FOR SHIPMENT OF A VOLKSWAGON VEHICLE FROM HAMBURG, GERMANY, TO MOGADISCIO, REPUBLIC OF SOMALI, INCIDENT TO YOUR EMPLOYMENT WITH THE U.S. INFORMATION SERVICE.

CONCURRENT WITH YOUR ASSIGNMENT TO DUTY IN MOGADISCIO AND YOUR AUTHORIZATION TO TRAVEL THERETO YOU WERE AUTHORIZED TO SHIP A FOREIGN AUTOMOBILE (FIAT) FROM ITALY TO YOUR NEW STATION. HOWEVER, YOU DID NOT HAVE SUFFICIENT TIME DURING YOUR STOPOVER IN ROME TO PURCHASE A CAR AND POSTPONED THE PURCHASE UNTIL YOU REACHED MOGADISCIO. THEREAFTER YOU CONTRACTED SEFERIAN AND CO., LTD., MOGADISCIO AGENTS FOR VOLKSWAGENWERK, A. G. WOLFSBURG, GERMANY, WHOSE LETTER TO YOU OF JANUARY 29, 1964, READS AS FOLLOWS:

TABLE

"WE BEG TO SUBMIT TO YOUR KIND CONSIDERATION, THE PRICES, INTENDED FOR GOODS DELIVERED AT MOGADISCIO, FOR: "ONE VOLKSWAGEN CAR MODEL 113, LHD (LEFT HAND DRIVE) "-PRICE, INCLUDING CUSTOMS DUTIES: SH.SO. 15.000.00, OR US$ .2.100.00 "-PRICE, EXEMPT FROM CUSTOMS DO. DO. DO. DO. 12.000.00, OR US$ .1.680.-- "-ADDITIONAL PRICE FOR USSPECS

(AMERICAN EQUIPMENT) : DO. DO.262,55 DO. DO. 36,75

"THE ABOVE STATED PRICES, INCLUDE ALL EXPENSES FOR THE CAR, DELIVERED IN MOGADISCIO AT VW AUTHORIZED WORKSHOP, PLATED AND "READY FOR THE ROAD.' ALSO ARE INCLUDED TWO FREE INSPECTIONS AT THE VW AUTHORIZED WORKSHOP, RESPECTIVELY AT 300 AND AT 3000 MILES OF RUNNING.

"IN CASE ONE MOTOR-CAR IS BOOKED FOR YOUR ACCOUNT ON THE NEXT ARRIVALS, IE: WITHIN APPROXIMATELY 80 DAYS, OR 90 DAYS, A 25 PERCENT OF THE TOTAL PRICE AMOUNT IS REQUESTED AS PAYMENT IN ADVANCE.'

ON THE FOLLOWING DAY YOU PAID A DEPOSIT OF $450 TO SEFERIAN AND CO., LTD., AND UPON DELIVERY OF A CAR TO YOU ON OR ABOUT MAY 4, 1964, YOU PAID SUCH FIRM THE BALANCE OF $1,266.75, MAKING A TOTAL OF $1,716.75, WHICH WAS THE EXACT DELIVERED PRICE (EXEMPT FROM CUSTOMS DUTIES AND INCLUDING AMERICAN EQUIPMENT) THERETOFORE QUOTED YOU BY SEFERIAN AND CO., LTD. ALSO, THE AUTOMOBILE YOU PURCHASED WAS ONE OF A CONSIGNMENT OF 14, OF WHICH 10 WERE OF MODEL 113, SHIPPED FROM THE VOLKSWAGEN MANUFACTURER IN GERMANY TO SEFERIAN AND CO., LTD., ITS AGENT IN MOGADISCIO, ON THE SAME BILL OF LADING.

THE FOREIGN SERVICE TRAVEL REGULATIONS (SEE FAM 165.2) PROVIDE IN PERTINENT PART AS FOLLOWS:

"165.2 SHIPMENT OF MOTOR VEHICLES

"THE COST OF TRANSPORTING A MOTOR VEHICLE IS ALLOWABLE ONLY WHEN OWNED BY THE EMPLOYEE OR MEMBER OF HIS FAMILY AUTHORIZED TO TRAVEL. * * *"

YOU CONTEND THAT SEFERIAN AND CO., LTD., WAS ACTING AS YOUR AGENT IN THE MATTER IN ACCORDANCE WITH AN AGREEMENT REACHED PRIOR TO OR AT THE TIME YOU PLACED THE ORDER. IN SUPPORT THEREOF THERE HAS BEEN SUBMITTED AN AFFIDAVIT BY AN OFFICIAL OF SUCH COMPANY EXECUTED OCTOBER 21, 1964, OR SOME FIVE MONTHS FOLLOWING DELIVERY OF THE CAR, TO THE EFFECT THAT THE COMPANY ORDERED THE VEHICLE TO BE DELIVERED TO YOU BUT AS A RESULT OF THE MANUFACTURER'S PROCEDURE THE CAR WAS SENT ON A GENERAL CONSIGNMENT TO SEFERIAN AND CO., LTD., RATHER THAN CONSIGNED TO YOU. HOWEVER, DESPITE REPEATED REQUESTS THEREFOR SEFERIAN AND CO., LTD., HAS FAILED TO FURNISH A COPY OF AN INVOICE, A LETTER OF CONFIRMATION FROM THE FACTORY OR A COPY OF THE ORDER ALLEGEDLY MADE TO VOLKSWAGENWERK IN YOUR BEHALF.

IN YOUR PRESENT LETTER YOU SAY THAT EITHER YOUR AGENT OR THE MANUFACTURER AND SHIPPER WAS IN ERROR AND THAT YOU CONFORMED TO THE LETTER OF THE GOVERNMENT REGULATIONS PROVIDING FOR REIMBURSEMENT OF TRANSPORT COSTS FOR VEHICLES PURCHASED OVERSEAS.

THE QUOTED PORTION OF THE APPLICABLE REGULATION AUTHORIZES TRANSPORTATION AT GOVERNMENT EXPENSE ONLY WHEN THE MOTOR VEHICLE IS OWNED BY THE EMPLOYEE OR MEMBER OF HIS FAMILY AUTHORIZED TO TRAVEL AND SUCH EXPENSES ARE NOT ALLOWABLE ON VEHICLES WHICH ARE CONSIGNED TO LOCAL DEALERS AND THE SHIPPING COSTS ARE FIGURED IN THE COST OF THE CAR WHEN SOLD. IT IS APPARENT THAT SUCH REQUIREMENT OF OWNERSHIP HAS NOT BEEN MET. WHETHER THE RESPONSIBILITY THEREFOR IS THAT OF SEFERIAN AND CO., LTD., OR THE MANUFACTURER, WE DO NOT ATTEMPT TO DETERMINE BUT IT IS CLEAR THAT SUCH RESPONSIBILITY MAY NOT BE ATTRIBUTED TO THE UNITED STATES.

IN VIEW OF THE CLEAR AND UNQUALIFIED TERMS OF THE GOVERNING REGULATION WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.