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B-205984 1 (1982-06-15)

handle is hein.gao/gaobadkke0001 and id is 1 raw text is: DECISION FILE: B-205984 THE COMPTROLLER GENERAL OF THE UNITED S3TATEIS WA S Hi N GTON, 0.0, R0 541 DATE; June 15, 1982 MATTER OF: Tehran ?merican School - I imbursement of Iunds DIGEST: 1, 'The State Departinent cannot pay the TIhran American School $13,333.94 due from the sale of School motor vehicles arranged by the United States Embassy in Tehran, Iran, since the Ebassy as agent did nnt breach ony duty owed to the Scihool. T1e proceeds from the sale were lost as a result of seizure of Ue United States Embassy---an ucontrollable event. Moreover, the Embassy acted properly in coueningling the proceeds of the sale with other recoipts in the fRbassy safe. 2. Clain? is to be reported to the Congress under the Meritorious Claims Act, 31 U.S.C. S 236, since seizure and occupation of the United States Robassy and revulting loss of proceeds from the Umbasty'c sale of the School's vehicles, was an extraordinary circumstance calling for equiteble consideration. I The Department of State has requested an advance decision on whether it can pay the 'Tehran American Sphool $13,333.94 as part of the proceeds from a saile of three School vehicles that was arranged by the Unitel States Dbassy in thran, Iran. Although we conclude that the Stave Department camnot make the payment, we think the equi- ties warrant our reporting the claim to the United States Congress under the Meritorious Claims Act of April 10, 1924, 31 U.S.C. S 236. The facts show that as a result of the political tensions in Iran in 1979, in anticipation of closing, the Tehran Aerican School arranged that the United Staten Embassy in Tehran sell three of the School's motor vehicles. The State Department informs us that United States Embassies provide this kind of assistance to Amrican institu- tions operating in foreign countries. Althmugh State indicates that occasionally the proceeds from these sales are given directly to the seller, since the School had closved, the monies wer'e placed in the Embassy cashier's safe with other receipts normally kept in the safe. These receipts regularly were dexsited in an account at the Trhran b nk used Ity the Embassy. 0 rn P.. eA. - 9 1 i/l 07(

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