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B-187110 1 (1977-02-15)

handle is hein.gao/gaobaddwv0001 and id is 1 raw text is: James Scarorough STH4 COMPTROLLER UENERAL omcIIgN *. ' . aPTHE UNITED ETATEr A HwABITINSToN. i3.c.a n54K UMN P^' o FILE: B-187110 DATE: Febriary 15 19TT MATTER OF: Lufthana German Airlines DIGEST: Payments in dollars for air transportation between foreign countries via foreign airlines may be made at prevailing bankers' exchange rates in accordance with the governing regu- lations of the internatiozsl airline organi- zation resolutions. Lufthansa German Airlines requests a review of the settlement action taken by tha United States Army Central Finance and Accounting Office, Europe (ACFAOE), on eight of its billsfor charges for transporting eight shipments of air cargo originating at supply bases in Germany and coneigned to datinations in Italy or Chad. As submitted by Lfifthanea the bills were based on rates expresied in dollars in applicable tariffs, with the resulting charges adjusted in amount to the prevailiug bankers rates for conversion of dollars to deutsche marks, thie currency of the country in which the shipments originated. In making payment of the bills ACFAOE reduced the amounts claims' to the basic tariff charges without any currency adjustment. Pursuant to authority provided in 49 U.S.C. 66, as amended by Public Law 93-604, 88 Stat. 1960, the Administrator, General Services Administration designated ACFADE as designee to audit and settle accounts involving charges for transportation service furnished for the account of the United States arising in Europe. See 41 F.R. 2446. Under 49 U.S.C. 66(b), as so amended, Lufthansa is authorized to request the Comptroller General to review the action taken on its claim. The records pertaining to the matter transmitted here by Lufthansa ind ACrAGE ahow that the final action taken in the matter.by ACFAOE was by letter of July 31, 1975. Lufthansa did not address its request for review to the Comptroller General until Pebruary 18, 1976. However the delivery dates on all the shipments were in 1975, and the three year period of limitation provided in 49 U.S.C. 66(n) had not yet run as to any shipment; thus Lufthanea's request for review was timely filed. So far as pertinent here, paragraph 6, International Air Transport Association (IATA) Resolution 150 021LL (amended) provides as follows:

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