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B-203624 1 (1982-07-07)

handle is hein.gao/gaobadklt0001 and id is 1 raw text is: DunI3ION FILM: D-20362, THE COMPrROLLR SENERAL rV,' V OP8 THE UNPITED STAThkS N WASHINGTON, 0C, * 80154U 'lVI DATES July 7, 1982 MATTEfl OFm berfinanzdirektion Stuttgart DIGI.ST: Claims for reinburaeent of costs to rederal Republic of Germany of compulsory insurance premiums for 1967-1971t received by GW in 1979, is not barred by the 6-year statute of limitations since the claim did not accrue until the conclusion of negottations to fix the obligation, as required under the agreements between the parties. This occurred in 1977 well within te 6-year atatutory period for submission of claims. The Lertwnt of the Air Force has requested that we reconsid~r the denial by our clafirs group of the German Government cl3im for pay- mient of cpulsory insuranca premiums. (Claim No. Z-2810133). This claim is based on the same saries of international agreements between the United States and the Fedral Republic of Germany (the FRF) that formed the basis for the claim we considered and allowed in B-196982, September 4, 1980. As with thii 1980 case, the issue presented by the Air Force is whether this claim is barred by the statute of limitations, 31 U.s.c. S 71(a)(1976). For the reasons expressed below, we hold that the claim is not barred and may be paid by the Air Force if otherwise correct. In August 1953, the Status of Forces Agreement (SOFA), a treaty signed by the United States and the other members of the North Atlantic Treaty Organization (NATO), went into effect. The treaty was designed to establish the right9 and obligations of militarv forces of NATO nations (and their civilian corronents) which were, or which might in the future be, stationed in the territory of other member nations. The Agreement, at Article IX (9) paragraph 3, states that, In the absence of a specific contract to the contrary, the laws of the receiving State shall determine the rights and obligations arising out of the occupation or use of the buildings, grounds, facilities or services. This paragraph also provides that any such contracts between NATO nations regarding the stationing of military forces and civilian com- ponents shall as far as possible conform with laws of the meirber nation in which the forces are stationed (the receiving State).

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