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B-201284 1 (1981-04-21)

handle is hein.gao/gaobadjii0001 and id is 1 raw text is: DECISION 0j~L[R ~ 4 ~JN 1T19 FILE: B-201284 THE COMPTROLLER GENERAL OF THE UNITED STATEB WASHINGTON, 0. C. 20548 DATE: April 21, 198 MATTER OF: Control Data Corporation - /eritorious Claim Request Request in behalf of Control Data Corporation for relief under Meritorious Claims Act denied. Claim is based on exp>enses incurred in development of Hermitage Museum exhibition in this country which was cancelled when the Government refused to deter- mine that the exhibit would be in the national in- terest after Soviet Union invaded Afghanistan. Such claim is not unique and is based on view that Government should be responsible for the injury re- sulting from change in foreign relations. This decision is in response to a request by attorneys representing the Control Data Corporation for a favorable report and recommendation to Congress under the Meritorious Claims Act on the claim presented. For the reasons given below, we decline to make such a report and recommendation. In July 1979 Control Data Corporation (CDC) entered into a contract with the Union of Soviet Socialist Republics (USSR) under which the Soviet Government agreed to provide over 400 art objects from the Hermitage Museum of Leningrad for exhibition at seven ma- jor museums in the United States. CDC says that this agreement was part of an effort to promote trade and cultural relations with the USSR, an effort that was consistent with the policy of the United States Government at that time. The contract was made contingent upon the Pr:esident's determining that the exhibition of the art ob- jects in the United States was in the national interest as provided in 22 U.S.C. § 2459 (1976). (The Director of the International Communications Agency (ICA) was delegated the authority to make this determination by Executive Order 12047, March 27, 1978, 43 F.R. 413359.) This determination would generally protect the art objects from judicial process in the United States. In February 1980 CDC was notified that the determination would not be made. CDC attri- butes this denial to the change in United States policy toward the USSR followinng the movement of USSR military forces into Afghanistan in late 1979. The planned exhibition tour was cancelled as a result of the denial of certification. CDC requests our recommendation for relief under the Meritorious Claims Act, 31 U.S.C. § 236 (1976), for the $1,348,025 of expenses it says it incurred in development of the exhibition prior to the cancel- lation of its contracts with the USSR. DIGEST: J

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