B-159900, APR. 27, 1967

B-159900, APR. 27, 1967

TO ARIANA AFGHAN AIRLINES, LTD.:

WE HAVE CONSIDERED YOUR LETTER OF APRIL 5, 1967, AND EARLIER LETTERS, FILE AC/COM/45, OBJECTING TO OUR SETTLEMENT CERTIFICATE DATED APRIL 7, 1966, IN CLAIM TK-820258 WHICH ALLOWED YOU $376.46, PART OF A TOTAL CLAIM FOR $2,471. THE BALANCE, $2,094.54, WAS FOUND TO BE BARRED FROM CONSIDERATION HERE BY THE 3-YEAR STATUTE OF LIMITATIONS ON THE ADMINISTRATIVE SETTLEMENT OF CLAIMS BY THE GOVERNMENT. SEE SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 49 U.S.C. 66.

THE RECORD SHOWS THAT IN JUNE AND JULY 1964, YOU SUBMITTED TO THE AMERICAN EMBASSY IN KABUL SIX INVOICES, NOS. 3041, 22468, 21799, 147139, 24664 AND 25402, IN THE TOTAL AMOUNT OF $2,471, FOR TRANSPORTATION SERVICES PERFORMED IN 1959, 1960, AND 1961. BECAUSE THE INVOICES WERE SUBMITTED FOR PAYMENT MORE THAN THREE YEARS AFTER THE SERVICES WERE FURNISHED, THE EMBASSY FORWARDED THEM TO THE DEPARTMENT OF STATE ON AUGUST 12, 1965. THE DEPARTMENT SENT THE INVOICES TO OUR OFFICE FOR DIRECT SETTLEMENT IN DECEMBER 1965, MORE THAN THREE YEARS AFTER THE DATES THE CLAIMS ACCRUED, THAT IS, WHEN THE SERVICE WAS PERFORMED.

OUR SETTLEMENT CERTIFICATE OF APRIL 7, 1966, ALLOWED THE AMOUNT ($376.46) CLAIMED ON SIX OF THE FOURTEEN AIR WAYBILLS BECAUSE THEY COVERED TRANSPORTATION SERVICES FURNISHED BETWEEN POINTS ENTIRELY OUTSIDE OF THE UNITED STATES; THEY WERE FOUND NOT TO BE SUBJECT TO THE THREE-YEAR STATUTE OF LIMITATIONS SET FORTH IN 49 U.S.C. 66. WE HAVE NO AUTHORITY TO WAIVE THE REQUIREMENTS OF THAT LAW AND THEREFORE ARE OBLIGED TO SUSTAIN REJECTION OF THE EIGHT CLAIMS COVERING THE TRANSPORTATION SERVICES BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES. IRAN NATIONAL AIRLINES V. UNITED STATES, 360 F.2D 640 (DECIDED BY THE UNITED STATES COURT OF CLAIMS ON MAY 13, 1966)

IN THE IRAN NATIONAL AIRLINES CASE, THE COURT RULES THAT WHILE THE THREE- YEAR STATUTE OF LIMITATIONS BARRED ADMINISTRATIVE SETTLEMENT OF AIR TRANSPORTATION CLAIMS PRESENTED TO THE GENERAL ACCOUNTING OFFICE MORE THAN THREE YEARS AFTER THE CLAIMS ACCRUED, THE SIX-YEAR LIMITATION PERIOD IN 28 U.S.C. 2501 WAS OPERATIVE IN THE CASE OF CLAIMS INCLUDED IN SUITS FILED IN THE COURT OF CLAIMS. WE NOTE THAT ONLY THE CLAIM FOR CHARGES ON AIR WAYBILL 255-022771, FOR THE TRANSPORTATION OF DIPLOMATIC POUCHES FROM KABUL TO WASHINGTON, D.C., IN AUGUST 1961, MAYBE MADE THE SUBJECT OF SUIT UNDER THAT RULING.

IN CONSIDERING CLAIMS FOR INTERNATIONAL AIR TRANSPORTATION SERVICES ON A NUMBER OF OCCASIONS WE HAVE FOUND THAT AN AIRLINE OTHER THAN THE CLAIMANT, PARTICIPATING IN THE MOVEMENT, MIGHT HAVE COLLECTED THE CHARGES. WE WOULD SUGGEST THAT IN SUCH INSTANCES AS AIR WAYBILL 255 022771, WHERE AN AMERICAN FLAG AIR CARRIER IS SHOWN AS BEING THE DELIVERING CARRIER TO A POINT IN THE UNITED STATES, A FURTHER CHECK BE MADE WITH THE AMERICAN FLAG CARRIER TO DEFINITELY VERIFY WHETHER OR NOT ANY CHARGES WERE COLLECTED BY THAT CARRIER. THE GOVERNMENT RECORDS ON OLD SHIPMENTS OF THE KIND HERE INVOLVED ARE TO A LARGE EXTENT NO LONGER AVAILABLE TO CONFIRM POSSIBLE PAYMENT OF THE CHARGES OR RECEIPT OF THE PROPERTY TRANSPORTED. INSOFAR AS ADMINISTRATIVE SETTLEMENT IS CONCERNED THE LAW LIMITS THE GOVERNMENT'S LEGAL LIABILITY FOR THE CHARGES TO A PERIOD OF THREE YEARS AFTER DELIVERY, AND RETENTION OF RECORDS BY THE GOVERNMENT FOR FIVE OR SIX YEARS WOULD BE INCONSISTENT WITH THE INTENT AND SPIRIT OF THE LAW AND WITH ADMINISTRATIVE POLICY.