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B-231498 1 (1989-06-21)

handle is hein.gao/gaobadnmi0001 and id is 1 raw text is: The Comptrolier General of the United States Washington, D.C. 20548 Decision Matterof- Major Gilbert S. Sanders, U.S.A.F. (Retired) (Deceased) - Employment By a Foreign Government File: B-231498 Date: June 21, 1989 DIGEST Although not entirely clear, it appears from the record that a corporation employing a retired Air Force officer was owned by a foreign government thereby triggering the requirement of 37 U.S.C. S 908 that secretarial approval for employment be obtained. In view of the uncertainty con- cerning foreign ownership of the corporation when the retired officer was employed by the corporation and the good faith actions of the officer in seeking approval of the employment, any payments of retired pay which may have been erroneous under the terms of the statute may be waived under 10 U.S.C. 5 2774. DECISION This action relates to a potential claim of the Air Force in the amount of $58,500.64 against the estate of Major Gilbert S. Sanders, U.S.A.F., which arose in connection with his employment by Arabian American Oil Company (ARAMCO). Two questions have been presented. The first is whether Major Sanders, a retired Regular officer, by virtue of his employment with ARAMCO, a corporation now owned by the Government of Saudi Arabia, violated the foreign employment restrictions in article I, section 9, clause 8, of the Constitution and 37 U.S.C. S 908 which require approval of employment by a foreign government. The second question is whether, if the restrictions have been violated, the claim arising from the violation may be waived under 10 U.S.C. § 2774. As explained below, although Major Sanders was subject to the constitutional restrictions relating to employment by a foreign government, it was not clear whether, at the time of his employment by ARAMCO, the corporation was owned by a foreign government. In any event, in view of the particular C443 (/ 1i3F'

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