SHIPMENT OF PERSONAL AUTOMOBILE
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP59-00882R000300310013-8
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
2
Document Creation Date:
December 15, 2016
Document Release Date:
October 30, 2003
Sequence Number:
13
Case Number:
Publication Date:
September 9, 1955
Content Type:
MF
File:
Attachment | Size |
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Body:
Approved For Release 2003/11/06 ?'CIA-FkDP59-00882R000300310013-8
OGC HAS REVIEWED.
1?14211011EOM Prat
sursacr
of
9 September 1955
PA
1. A dispatch from the Chief, to the Chief, 25X1
dated.2 June 1955, requests an interpretation of existing regulations
governing the ohipment of persons.14 owned autambbiles. The particular
question of coneern is whether or not =employee assigned PCS to I I 25X1A6A
mey, upon transfer PCS to the United States, have shipped to the Dated
States This question 5X1
is asked in list of the fact that due to specific restrictions against
25X1A6A importation of automobiles into] 6 trinsportation of personal auto-
25X1A6A mobiles to Its not authorismd by th4s Agency.
25X1A
2. CIA Regulation governs the Shipment of personally
owned automailes of employees transferred PCS to from or between foreign
-
poets. A
FOIAB5
"Incident to
assignment of employees to permanent duty stations outa de the continental
United States, its territories and, possessions, the following =Mew's, in
addition to those normally plowable, mey be allowed in /accordance with
applicable provisions of the Fertile. ServicerelpapM45sm.: . . . (6) Expense
in transferring a privately owned automobile for or on behalf of an
employee . . . (9) Travel and transportation expenses of dependents and
household goods and personal effects (within established, veight limitations)
and privately owned vehicle, acquired subsequent to issuance of change in
station or home leave orders, when properly authorised in an asmsubasat to
the original order". (fthasis added) The oorresponding section of the
Yereign Service regulations (Section 603.615) provides that a traveller
say elect to perform travel or transport his effects between places other
than those specified in the travel authorization provided that the actual
cost of direct transportation of effects shall be allowed in an amount not
to exceed the cost which would have been involved in direct transportation
between the points specified in the travel authorization. This section of
the Foreign Service rerpLUstions also provides that in coonection with appoint-
ment or transfer the transportation of the employee's effects mey conmence
and terminate at any place.
3. The Comptroller General has written two opinions on the subject of
transportation by FOreign Service officers of privately owned autombbiles
between poets other than their poets of origin or destinstion. A published
Approved For Release 2003/11/06 : CIA-RDP59-00882R000300310013-8
FOIAB5
Approved For Release ,2003/11/06 : CIA-RDP59-00882R000300310013-8
opinion in 3.930 (10 Com. Gen. 268) and an unpublished opinion in 194
(3-75565) each limits the reimbursement for such shipment to oases where
the e1s had title to the property at the time of the shipment. Bow-
ever, neither opinion questions the right of a Foreign Service officer to
have a privately owned automobile shipped from a point other than his point
of origin. The opinion in ID Comp. Gen. 268 .it forth the general rule
ehiCh is cited fevorably in 13-75565:
"To entitle Foreign Service officers to relibursement of the
cost of transportation of houeehold goods, ineluding automobiles,
purchased while en route to a new post of duty, it must appear
that the transportation charges yew, incurred only after title
to the property passed to the officer and such charges may include
only the actual and necessary cost of such transportation, subject
to limitations prescribed in the regulations, directly from the
place where title passes to him to his new poet."
This clearly contemplates and approves reimbursement for shipment of after
acquired automobiles and household effects. The State Department inferno
us that they will ship a privately owned aartmeobile to or from any point
for a Foreign Service officer provided that his reimbursement will be
limited to the cost of direct shipment from his point of origin to his
point of destination.
It. The fact that
25X1A6A
/annoy does not authorize shipment of privately
25X1A6Aowned autambiles to does not, as a matter of lee or existing regula-
tions affect the right at an employee stationed in to have an automo-
bile shipped to his next post of anti Won transfer PCS turas The 25X1A6A
Money does not ship privately owned automobiles to because Arear regu-25X1A6A
lations currently prohibit the importation of privately owned vehicles. In
effect it is not Agency action but action or another authority which prohibits
the shipmeat and this does not change the right of an Agency employee to have
an automobile transported for him upon transfer framl Iprovided of course 25X1 6A
that he has title to the automobile at the time it is shipped.
5. lt is the (*Won of this Office that controlling laws andregula-
tions permit reimbursement for the cost of transporting privately owned
automobiles and household effects for or on behalf of employees transferred
to, from or between ftweign posts of duty including transportation to or frau
points other than the posts of origin or destination provided that reimburse-
ment shell not exceed the cost of direct transportation between origin and
destination and provided that the employee has title to the property at the
time it is shipped.
OGC: J114:ss
Distribution
Orig. & 1 - addressee
Subject 40#
Signer
Chrono
25X1A9A
Office of General Counsel
Approved For Release 2003/11/06 : CIA-RDP59-00882R000300310013-8