MY DEAR MR. SECRETARY:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05538A000300060070-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: May 24, 2002
• Sequence Number: 70
• Publication Date: February 1, 1952
• Content Type: LETTER

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COMPTROLLER GENERAL OF THE UNITED STATES
Washington 25
B-lo6864
.The Honorable
The Secretary of State
My dear Mr. Secretary;
11.
Fe'bruary` , l 1?52
%-f'PrPrne is made to your` letter of teeember 6, 1951,.relative
to. section 901 of the Meranan'G J,tarzne Koti. ai 1;2V* 47 Q" . +.+t
in which you refer in detail t ,_the__effee.ct-..of that..rds_tr._i-otive
legislation upon the operations,.of the _De art?e t of.,State and
request decisi"on:srupon speoiffo questions with the objective of
establishing certain general policy guide lines which may be used
as a basis for the i su&ude,!..o2 departmental and Foreign Service
regulations overninthe use of forein vessels.. In. that regard.
you state that e prdcodure recommended by Office decisions of
April 15, 1931, and September, 24., 1932, A?36054 and A-)4.57L ,
d
i
sion oases
ec
..,respectively, namely, ,hat of referring for advance
involving the possible use of foreign vessels, no longer is feasible.
Vin1le it WOUJU 6G''EiIII 1ua1 Utiv ILLAVI-A v - y+ ..+. ...._ r., d...
Office 'to the Department of State in he, -past-with..ropect to the
application of the provisions of the said section to the use of
foreign vossel.s wou`1& serve ge,rexaly as .norms for the?issuaxloeof
anded
ex
t
f
p
ing
rom
regulations it nay be that?hanged conditions, resul
irsternatiaxl aetivb the__exnment would.a''at.$ onsideration
-of some, of-the earlier rulings,
Section 901 of the Merchant Marine Act Of 1936, provides as
follows=
"Any officer or employee of the United States traveling on
official busi.nesi overseas or to and from, any of the possessions
of the United 'States shall travel ysnd tr~?nspart, his personal effects
oxl ships registered under the law of the United Stateswhere,such
ships are avallsbIi unIe_s t e< me !se ity.:of~"his m ss on .requires ?the
..use Of & ship under foreign flags Provided. That the Comptroller
General of the- Tn`f ed`"States eha11 not-or' edit any allowance for
=travel or shipping expenses incurred ona foreign ship in the absence
"
of satisf actory proof of the necessity therefor.
the Congress has mandatorily
uage of the proviso
Under the lan
,
g
rendered each cafe of.travel aboard a vessel of foreign registry
h s.
subject to rey,ew_,jy,,,the GomprollerGeneral and lam sure you
will understandthat it will be difficult if not impossible under
the*circumstanoes to rive categorical or unqualified answers to the
questions contained in your letter. However, subject to the qualifi?
cation me:ltiRrie` aril with the clear understanding that--particularly
in'view of the many generalities here involved-+-appropria.te_audit
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Pal
action on vouchers covering the subject shipments will not be in any
way.restricted as a result of the answers herein contained, such
questions are stated and, so far as practicable, answered in. the
order presented,
"1. When the official necessity of an employee's mission
requires the use of a ship under a foreign flag, must his dependents
wait until an American vessel is availabler or may they accompany
the employee."
The.ri ht of trans ortation does not accrue to dependents as
such but to the employee ooncerne `0 ' span ens entitlement to
transportation-up on foreign- vessels may be . regarded; as being determined
by the; employee's entitlement thereto. "Accordingly, when the necessity
of an employeete mission requires the use of a foreign, vessel-hia_
dependents may accompany him onLjuch vessel.
102. If an American f lag ship is not available' from the usually
traveled port,' is it necessary for the employee and: his dependents
to journey to the nearest port where they may board an American vessel,
involvin' cons idera-ble extra expense and-waste -of -time, or may they
utilize, a foreign ':vessel by the usually traveled router. For exan.ple,
when travel Wit of England cannot be otained on an American vessel
at the usually traveled port at Southwnnton, may expenses $e paid for
travel to Marseille -or 'Cannes, France, or Genoa or Naples, Italy,
where American flap service is available, or may travel be performed
on .a foreign vessel direst from Southampton, to the authorized
destination."
In view of the purpose of section 901,Neceonom alone generally
may
there not be relied ut d sig ied " o ut~ lizeoan an van el involves o oi n-r,
~i v8sel con-
Ameri
siderable land travel or transportation on a foreign vessel for a
part of the journey with a cons uent._y#angshment__to an American
vessel at excessive extra mss. r ....
and dam, foreign vessels ing
direct p bettreen portQT or.ig.in of the travel and
trans ortation
the port of destination _ generally rr, l be used. In the example set
y;.
forth in the question. assumrng Amer can vesseia-.are not avail-
able at other ports in Great Britain and that the indirect routing
would result in'excessive extra cost and delay, travel may be per-
formed by a foreign vessel from Southampton to. the United States.
030, No American flag vessels oe:ll_.st ho
8o n4inQ iAn =n .r:J9 s, but there is adequate service offered by
foreign flag carriers directly to and from ports in these countries.
Must personnel travel and have their household and_personal_effects
transported 'overland or via a circuitous route to tie nearest .port
at which, Amerioan flag service is available, o direct foreign
flag service be used."
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: der: tae?aix~ Stances stn ed4..dareot-foreign fIag_servicemay
be.,used, awning the conditions set out in. answer to`questiom'2are
'.: There are some instances where no American flag service is
operated arid others where the_ $ervice??is..s"omewhat iritermitterit.
Would ' a traveler be required to use a f'.oreign flag vessel to the
nearest port at wh a America anxf lag ye.,ss,el could be. utli,z,ed for
the remaind of the ,Ae ,r t . is d stinat h.- For instance ,;.
(a), there' ie noinercan passenger sorvice i available from Dakar' to
the United States, but foreign flag service is available to 'southern
'Fran+e where passengers' could continue their journey to New York by
the American Export Line vessels; (b)~ from I~nd~a, as previously
meht:ioned, the only American flag passenger service is that.o?f.the
Ar5e can resident ine, which is intermittent. Could personnel
'travel via "foreign flag vessels from Indian >orts to 4}, andri a or
?Ita1i4n ports and then continue, their ?4ourney to the. United States
vial American flag steamers; (c), in cases wher'e there is no American
passenger service available0 vrculd the. Department:be,justified in
using foreign flag service rather' than trans"shi.pment
as Aientipned, irl (a) and (bT if your reply to,(a), (b), and (o)
is.in,the of 'i,rmative, would it apply to dependents?and effects as
well as, employees, regardless of whether the travel is incident to
transfer, resigne.tion,. separation, .or :leave.
(a) Assuming that foreign flag service ' is available on a' more
direct route hem Ds ar to the 13xiited States and that the, alternative
routing, re uirin sh ment to ves ?s:of the American. ort
.
i rarr s &n .
Lines -in ep zf n aFr noes would involve, excessive
de it n:a=r 'be ~oered that American vessela are. riot ~vai,a
tj, mAAni n q e tiro 1? e
'(b) If the transportation is. not reasonably availableaboa.rd .,
the ships,of'the American President Line. at- the time-travel.ip.
required to be performed,. foreign vessels _j?pd _fm,en
ports to. Alexandria 'or. to a an ports. J. h transshipment to American
vesse.;.s at those points.
(c') In the absence of ,specific information 'as' to the extra
cants arid delay of the routing, involvixZ trans-shipment to American
.v$sse.ls, over that cif di _ t......r& sportat~ on irk forei gn vesse.1s the,
questions cannot be answered, however, with .respect to travel _frem.
Da ,.your attentioni`s invited to the reply to above.*
.(d) The question, under the circumstances stated in tti'e third.
paragraph`hereof,'is not susceptible of aoategoricai ar
..a.."?j"~11% 1.11 'ti 1aL"121Ci Cl4lVil .L L;VIn L,L1CT li C7lli~LrQJJ hT lYG'F3er 1, Lj1G
Department has instructed' the qf. 'a c of the .Una ted, States i h
Comzi s.sy -to. route, x.9.1_ t rage to the United States
V4 a the ort of Bremerhaven on the Aid RICA. Between now and June
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304 1952, several hundred: NICOG employees will be' terminated, and
if sailzngs, are :limited to.: the AMERICA individuals must'be held in
-Germany Ind the dates it is desired toseparate__.th= et. +:xaessi'v
salar cost, which the Departments s budget will not stand. May the
Department inform HICOQ that when acoommodatione are Act avajjlable
on the APICA,` ar when such sailing will unduly delay departure,
they are iuthoxi&ed to route employees and their dependents to an
port where they can continue their Journey to the United
'Staa s,via an ineri6ar _Export Line. vessel, -or they may be routed
=.,M,i in fact avE.i1-~
if_ accommodations. aboard, they SOS,, America -a
sho 'be rojite.4 b . rail to Italian ports-aired thence,by'Amerioan
tYi"` i cleoend ,.
ak; t , the port . of, aremerhaven., em2layees aid
s to the dui ed States,. it being. understood' that the additional
a& dela of such roting is xeessive._
yu
"6. The Consulates 'Generaj: at Brerzen is holding large shipments
of effects destined for India:vrhick can be shipped directly from
B'rer(hbrhaven on.! forei n vessels. The :Departm?nt has -been informed
that if 'such , shipments must. bemade _b+ 41ericen,ves oils the freight
cots add )iandling via tr ii. to_ Naples Wj 1l. Yap 'e than double the
onsuate~ such. 'ciroumstanQes, may then Da artrT~rt authorize the
General p
C to ..ship household-. and. personal *effeot,s' direot on
foreign vessels:
Generalnv. the question. is answered ins the af'fi'rmative.
L -A it 'I P-9
AThe Consulate General at Bremen.: asked the ' Department -whether
they would be permitted to uses f c ~ r e 3 ~ n f' a~ y ~s, for. the direoi:
shipment of. effects (1) in the.;cas.e `of shiprnexits destined :to ,the
yteet Coast of the United Statels, (2)effects "destined to the .Far
fast ' nd' (). effects destined . to - the Heat" Z& The. Depar Pnent
'`'n ormed .t ie Consulate General t' at, pending decisions from the
Comptroller General shipments to the West Coast of'the United Sta1:es
and to the Far East she ld be on American flag vessels to New York
where transshipment overland and. to American ships'vi uld- be handlod
by the United States. Despatch A. ~it. They were advised that s'hiprrents
to'urt, the ,ear ",s"e""ncan .orts should be routed o$erl.arid
to Italy and'. thence to American flag- slips The Dbpartrrent has .now
'receive. another Gorr unicition -from the Consulate General in Which it
is stated -that they 'assume the Department is aware that cornplianco
with its instructions wilL- .,mean tha -t f're' tpared hand, in Barr er;I
. - - _ _- -
I 'bu at'"the instructions will be adherred t un ass _o erwiwe
b e+,s ,bQR, ;of, the-United .State. area i'daritical to t'Yiose ,tq. N.evr, York
that the ,gates between B.remern and .the. Far east 'compare to. thfosa to
New. York; that; rail arid. heindling 'charges to Italy for, shipments to
the dear East. and. 14dian parts w:11? be over a 8~ above ocean freight
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B..1o6864 Re
charges. The Department does not know what reply to make to the
Consulate General at Bremen, or to other posts where similar shipping
conditions exist, but in view of the apparent excessive costs and
longer period of transit-involved it is .hoped that,you oan.hold that
American .fla vessels are not available for such shipments."
With respect to shipments of effects from Bremen, you are advised
that upon the basis+of the-infoxmation.somitted in your letter the
use of forei n vessels to the stated oint a ears Proper. That
par .. o the ques ion pertaining to., other posts,yhere. similar shipping
conditions 'exiet" is too general to permit of anI appropriate reply.
"7, - PUrsuant . to se ct?i onr .942k_a) : of the Foreign Service Act of
1946the Department has prescribed ;s.e;ct o 103.607,(r) to the foreign
' ervioe Regulations to Cov_e_r trarsn.prtation -.of officers and employees
4f e ' Sc~rv ce to hospitals toy such. means and under such
avel authorization.' Will
Condit on e may;.be. specified in the.. r
such travel be subject to the provisions ,of.section 90i of the,
Mere at t? urine ,Act 'of _;1936a .. fihile travel at Government? expense to
approved ho itals- is limited to. officers and. ei ploSrees of 'the' Service,
the_:pepartmexit has issued Foreign .5ervioe Personnel c'ircu ar 'No., 6$,
dated--February 15, 1951, which permits the return of?dependents to
the United. States at Government expense prior to the eligibility
of . tFie principal,...i.n extremeY hard hi'p cases anvolving physical, mental,
and emotional health. In such emergency cases may travel be performed
by forei fla. vessels where the use-of an American flag vessel would
requ re, in i.rec rave or a delayed dep.arturer
While~'the 'transpo.rtation of officers and.employees to approved
hospitals.. is subject to, section 901 of the _gerchant Marine Act of
1936, such travel is .of an emergent Mature and ships of foreign
regi str ? itJ,,'oquind . t1~o etie.s. The second part
o the question is similarly answeredeL,-
"8. In accordance with the provisions of section 911 of the
Foreign Service Act of 1946,, may the Department prescribe a Foreign
Service Travel Regulation which would permit .offioers and employees
of the Service and their, dependents to use.acombiation of air and
surface tre.ns~r A_Uon on either one-way or round-trip journeys,
even though such travel rosults in highAr transportation cost For
example, on a one-way journey from Singapore to the United States,
perform travel b aair from Singaporo to ;Marseille or Genoa and then
board an American ve seoe..:txv1 t~ rork? Or, in the
case of a round-trip journey, purchase a round-trip air ticket for
a portion of the trip and perform the remainder of the ?journey by
su eo It is realized tha trave ers cannot be forced to travel
by air, but it is believed many oft em would not o jest o using
sr'aTmeans of transportation for a portion of their 'ourneY if they
were permitted to travel by steamer fora part of the trip, and' if
a regulation permitting such travel could be prescribed it woa1d help
the:Depazftment in achieving better personnel utilization by expecting
an employee's arrival at his destination,'
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The question, is , a"riswered in,. the affirmative.
1t ' is obvious from th4e . foregoing that,'no .hard anti' fast ruies may
be formulated-for' the? numerous possible situations that' anise :fin
worid, travel . by officers ; and employees of-'the Department and of the
T
Forei1n .Servis~e. Ho*ever, having in mina the rimary, purpose of
section 901 oi'_.h$e_rche+nt Mari Act of mere ~nn..ri c~nr~
t'q tie traveler,,, reasonable delays and min o e.con ?mij e" of fe2tars
which normally wool justify an off'zcer ca or
oyes in i preferring
foreign ,vessels over these operating under .the American flag:5;;
It is recommended' that- specific eases, involving any doubt a.6
to the''. propriety of the use, of foreign vessels, oontinue to be sub-
mitted to this Office p-oncling . further 61 rification of the , mattex.,
Sinoer~ely.. yours,
(Signexi) I;IND5At C., WAP,.PEN
Comptroller;, General
of the United: States'
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