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B-196982 1 (1980-09-04)

handle is hein.gao/gaobadinv0001 and id is 1 raw text is: .4 -~ FILE: B-196982 MATTER OF: DIGEST: DATE: September 4, 1980 German Government's Claim for Reimbursement of Fire Insurance Premiums 1. Claim for reimbursement of cost to German Government of insurance premiums for the years 1963-1972, received by GAO in 1978, is not barred by the six year statute of limitations since the claim did not accrue until payment became due in 1974. 2. The Government's usual policy of self-insurance .does not prohibit payment of cost of fire insurance which German law requires the German Government to procure on buildings which it owns and lets the United States use in return for reimbursement of costs. CThe Department of the Air Force has asked that we reconsider our denial of the German Government's claim for reimbursement of fire insurance premium payments (Claim No. Z-2802630). [The basis for denial was that the claim was barred by the six year statute of limitations applicable to claims against the United States j which are cognizable by the General Accounting Office under 31 U.S.C. si 71a and 236. For the reasons that follow, we conclude that the claim should be paid because it constitutes a valid obligation of the United States which is not barred by the statute of limitations. The claim arises out of the Supplementary Agreement to the NATO Status of Forces Agreement which was signed by the United States and the Federal Republic of Germany on August 3, 1959 and which entered into force on July 1, 1963.' Article 63 (sections 4(a) and (b)) of the Supplementary Agreement provides that U.S. Forces are entitled to use, free of charge, real property legally owned by the Federal Republic of Germany,or procured or constructed with funds of the Occupation Cost and Mandatory Expenditures or Support Cost budgets, or reconstructed with funds of the U.S. Forces. Article 63, sec- tion 4(d)(iii) of the Supplementary Agreement and section 8(a)(v) of the Protocol of Signature to the Supplementary Agreement pro- vide that thejU.S. Forces are not exempt from costs of compulsory insurance against fire and other damages insofar as the Federal Republic is obligated under German law to pay for such insurance.) THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 -1 __ C 41

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