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B-220860 1 (1986-03-10)

handle is hein.gao/gaobadmfd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . . OP THE UNITEC STATES WASHINGTON. 0. C. o 548 FILE: B-220860 DATE: March 10, 1986 MATTER OF: Major Stephen M. Hartnett, USMC, Retired DIGEST: The prohibition against an officer of the United States accepting emoluments, office, etc., from a foreign government without the consent of Congress in Article I, section 9, clause 8 of the U.S. Constitution, and 37 U.S.C. 5 908, is applicable to a retired member of the U.S. Marine Corps, who, under an employ- ment agreement with a domestic corpora- tion, serves as an instructor for, and is subject to the supervision and control of the Royal Saudi Navy, which is the source of the funds for his salary and other emoluments. Since he has not received the required congressional consent, his military retired pay must be withheld. The question presented in this case is whether a retired military officer employed under an agreement with a Delaware corporation to be a Marine Corps Seamanship Instructor for the Royal Saudi Naval Forces of Saudi Arabia must receive the required approvals under 37 U.S.C. S 908 or continue to have his military retired pay suspended because of the constitutional provision prohibiting officers of the United States from receiving offices, emoluments, etc., from foreign governments without congressional consent.1/ Since under the terms of his employment agreement the officer per- forms work as an instructor for the Royal Saudi Naval Forces which supervises and controls him, and which is the source of the salary and other emoluments he receives, we conclude that without the statutory approvals of the employment the retired pay must be withheld. 1/ This decision is issued in response to a request from Lieutenant Colonel M. K. Chetkovich, USMC, Marine Corps Finance Center. The matter was forwardedto us after the Department of Defense Military Pay and Allowance Committee had assigned it control number DO-MC-1457. - G4cZ 77

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