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[Reconsideration of Claim for Lease Payments]

B-189121 Published: Apr 15, 1983. Publicly Released: Apr 15, 1983.
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Highlights

The heirs of a Cambodian diplomat requested reconsideration of a GAO denial of a claim for rent payments allegedly due under a lease executed between the diplomat and the U.S. Secretary of State. An optional extension on the lease had been automatically executed by the U.S. Government without a separately stated contract. The heirs argued that the prior decision was based solely on American law and that, since the lease was silent on whose law would govern disputes between the parties, Cambodian law should have been applied. The heirs also contended that it was unconscionable to automatically extend the lease without a stated contract. GAO stated that, since foreign law is not judicially noticed by Federal courts, it must be proved like any other fact to be applicable to a legal decision. GAO held that the heirs did not provide a sufficient amount of foreign legal evidence to allow for a decision based on Cambodian law; therefore, the request for reconsideration was denied. GAO also disagreed with the contention that the lease extension was an unconscionable action because the lease did not require a separately stated contract to notify the diplomat of an extension.

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