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B-213909 1 (1984-11-28)

handle is hein.gao/gaobadman0001 and id is 1 raw text is: 
                      ~OL.LZR 0
                         .... ,THE COMPTROLLER GENERAL           g7
      OECISION                 OP THE UNITED STATUE
                               WASHINGTON. 0.C. 20548



      FILE: B-213909                 DATE:   November 28, 1984

      MATTER OF: Agency for International Development -
                    Interest Earned on Grant Funds by Foreign
                    Government
      DIGEST:
             The United States cannot recover interest earned
             by local and provincial elements of the Egyptian
             Government on grant funds awarded by the Agency
             for International Development (AID) to the Gov-
             ernment of Egypt in the Basic Village Services
             Project (BVSP). Since the statutory provision
             under which the BVSP was funded contains broad
             program authority and since the stated purpose of
             the grant was to support Egypt's policy of decen-
             tralizing authority for development activities,
             we believe that the disbursement of the grant
             funds by the Egyptian Government to the lower
             governmental levels was a legitimate and proper
             purpose of the grant entitling them to retain the
             interest earned on the grant funds.
                             FACTS

     This decision is in response to a request from the
Inspector General (IG) of the Agency for International
Development (AID) for a legal opinion from our Office as to
whether the United States can recover interest earned by a
foreign Government on AID grant funds.   The IG's specific
question concerns interest earned by local and provincial
elements of the Egyptian Government on grant funds awarded by
AID to the Government of Egypt in the Basic Village Services
Project (BVSP) in the 1981 fiscal year.1/ For the reasons
set forth hereafter, it is our view that the interest was
earned after the grant funds were applied to a legitimate
grant purpose and therefore cannot be recovered by the United
States.

     The BVSP was authorized on August 28, 1980, pursuant to
section 532 of the Foreign Assistance Act of 1961, as amended,

1/ The submission we received from the IG also raised ques-
    tions about the interest earned by the host government in
    two other grant programs--Development Decentralization and
    the Agriculture Cooperative Marketing Project. However,
    the IG's office subsequently agreed informally to limit
    the scope of the inquiry to the BVSP only.


                          (330,64K

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