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B-220860 1 (1990-02-02)

handle is hein.gao/gaobadnrf0001 and id is 1 raw text is: The Comptroller General /of the United States Washington, D.C. 20U8 Decision Major Stephen M. Hartnett, USMC (Retired) - Reconsideration - Suspension of Retired Pay - Matterof: Employment by Foreign Government File: B-220860 Date: February 2, 1990 DIGEST In 65 Comp. Gen. 382 (1986), we held that a retired U.S. Marine Corps officer, ostensibly employed by a U.S. corporation which furnished services to the Royal Saudi Naval Forces (RSNF), was actually an employee of the Saudi Arabian government and, as such, was required to obtain consent under 37 U.S.C. S 908 before payments of his military retired pay could be resumed. Arguments submitted in support of a request for reconsideration of this decision do not change our conclusion that the RSNF had the right to control, supervise and direct the work of the retired officer, the key elements in our determination that he was employed by the foreign government. Accordingly, our previous decision is affirmed. DECISION Frank E. Basil, Inc. (Basil), through its counsel, seeks reconsideration of our decision 65 Comp. Gen. 382 (1986). We held that Major Stephen M. Hartnett, USMC (Retired), who was employed under an agreement with Basil to be a Marine Corps Seamanship Instructor for the Royal Saudi Naval Forces (RSNF), was subject to the supervision and control of the RSNF, which was the source of funds for his salary and other emoluments. Therefore, we held that Major Hartnett's military retired pay had to be suspended because he was subject to Article I, section 9, clause 8, of the U.S. Constitution, which prohibits officers of the United States from accepting any office or emolument from a foreign government without having obtained congressional consent. Upon reconsideration, we affirm our prior decision. BACKGROUND As noted in the prior decision, Major Hartnett filed Marine Corps DD form 1357, Statement of Employment, in May 1985.

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