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B-222666 1 (1988-01-11)

handle is hein.gao/gaobadmyz0001 and id is 1 raw text is: 



/ 04The Comptroller General
          of the United States
          Washington, D.C. 20548
          Decision





          Matterof.  Accounting tor Reports ot Discrepancy under
                        Foreign Military Sales Program
           File:
                     B-222666
           Date:      January 11, 1988


           DIGEST

           Security Assistance Management Manual (SAMM) is unclear on
           what should happen when a Foreign Military Sales (FMS)
           customer claims non-receipt of materiel and the responsible
           Army depot, while producing some evidence of shipment,
           cannot adequately document that it shipped the materiel nor
           determine with certainty whether inventories were reduced
           accordingly. Defense Security Assistance Agency (DSAA)
           believes discrepancy should be charged to Army appropriated
           funds rather than to FMS administrative funds. GAO defers
           to DSAA since DSAA is responsible for issuing SAMM and GAO
           cannot conclude that DSAA position is plainly erroneous.


           DECISION

           The question presented in this decision is whether Foreign
           Military Sales (FMS) administrative funds or the Army Stock
           Fund should be charged when an FMS customer claims non-
           receipt ot materiel and the responsible Army depot cannot
           document that it shipped the materiel.l/   As explained
           below, we conclude that the Stock Fund should bear the
           charge under such circumstances.

           SUMMARY OF THE PROGRAM

           The transactions involved here were conducted under section
           21 of the Arms Export Control Act,2/ 22 U.S.C. S 2761, which
           authorizes the President to sell defense articles and
           defense services from the stocks of the Department of


           1/ The decision was requested by the Finance and Accounting
           Officer, United States Army Tank-Automotive Command, Warren,
           Michigan, and was transmitted to us through the Office of
           the Comptroller of the Army.


           2/ The Act was at one time known as the Foreign Military
           Sales Act, hence the commonly accepted FMS designation.


041036

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