HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadjwd0001 and id is 1 raw text is:
OECISION
FILE: B-200402
THE COMPTROLLER GENER
OF THE UNITED STATES
WASHINGTON. 0.C. 20548
T ooo/
DATE: November 6, 1981
MATTER OF: Claim of Tran Quy Minh
DIGEST: 1.
Tran Quy Minh should be awarded $5,000 on $10,000
claim for rent payments since Mr. Minh's former wife
might present a future claim arising from the same
occurrence. The 6-year Statute of Limitations in
31 U.S.C. § 71a is not a bar since claim accrued less
than 6 years before the date claim was submitted to
GAO.
2. Rule that conversion from foreign currency into
dollars takes place at time claim is brought is
inapplicable since lease provision indicated that
parties intended to maintain rate of exchange
mentioned in lease.
This responds to a request from Pepresentative Larry J. Hopkins
for reconsideration of our Claims Group's denial of a claim of
Mr. Tran Quy Minh on the ground that the claim was barred by the
6-year Statute of Limitations in 31 U.S.C. S 71a. Z-2823296, June 26,
1980. For the reasons given below, we have determined that the Stat-
ute of Limitations is not a bar to recovery. We have also determined
that the amount owed Mr. Minh should be paid in dollars at the rate
of 80 South Vietnamese piasters to the dollar. Accordingly, we have
concluded that Mr. Minh should be awarded the sum of $5,000, one-half
of the amount claimed, since Mr. Minh's former wife might present a
future claim for the remainder.
1. Facts
On August 13, 1965, Mr. Minh leased to the United States, through
the United States Army, the premises at 65 Trinh Phong Street, Nha
Trang, Vietnam, for a 1-year term at the rate of 30,510 piasters per
month (Lease No, USARV-E-172-66). The lease was renewable for four
additional 1-year periods under the same terms and conditions as the
original lease. An amendment to the lease, agreed to on the same day,
provided:
* * * [i]n the event that the official rate of
exchange, which is presently 80$VN per US$1.00, is
varied upward or downward 20% or more between the
first day of a term and the first day of the sub-
sequent term, negotiations shall be reopened at the
end of the term to establish a new rental price for
the subsequent term.
i/~W6
ell-
45](ViewImageLocal?handle=hein.gao/gaobadjwd0001&div=1&collection=&method=preview&ext=.png&size=3)