CLAIM AGAINST (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070252-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: June 5, 2001
• Sequence Number: 252
• Publication Date: November 12, 1948
• Content Type: MEMO

Approved For Release 2001/09/03 : CIA-RDP84-00709R000400
QGC Has Reviewed
Aset, Chief p Fiscal Division
Office of the General Comsel
52-3
12 NI5vember 1!;48
1. Your memorandum of 4 November 1948 forWarded
the file on Covernment Bill of Ladint No. Y4-027 and
requested advice on the appropriate attion to be
taken. Thers is no need to repeat the meets Which
are clearle presented in your memorandum:
2. The 11111111111111111111.1011Wis apparently
unaware that a Government Bill of Lading erather
than their repealer commercial shipping receipt
used. Hence they have attempted to apply their Stand-
ard Limitation of Liability. Reserving the questien
of whether such a limitation could be applicable to
the Government even if accepted, the carrier here
Fa t; ne recourse to a provision not contained Within
the boundaries of the agreement. To forestall a
possible argument that eondition No. 2 of the Govern-
ment Bill of Lading woeld incorporate the terms Of
the carrier's standard comeercial form unless speel-
fically excepted (as In Condition No, ), attention
is eirected to the decision of the Comptroller Gen-
eral in 19 Comp. Gen, 537. Re cited the judiciat
confliet that existed in regard to the sovereign
authority of the Government an the power of its
agents to restrict or bargen away certain advant-
ages demanded by public policy. Among these advant-
ages was the freedom of the Government from the usual
time limitations for filing claims. The Standard
Government B111 of Lading now contains a provision
(Condition No, 7 that in case of loan, damage, or-
shrinkare in transit, the reles and tandttions govern-
ing eoirrerelal shipment shall not .apply sts to the
period within which notice shall be giver et claim made, .
or eult instituted. Ever In the absence of thia proe
vision, however, the Comptroller felt that the Goverree
sent was not subject to the useal:commereialhlitaite-
tions, and the deletion of the condition esould mt
being the limItatftons into operation, lkthe present
.
situation, the reeson is even more compelning for pre-
serving the Government's freedom from a commereial
restriction leach wouli limit the liability of. the
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Carrier without regard to liquidated dosages. The
contracting officer has not agreed to such limitation
by using the commercial form and it is not felt that
the Government la subjected to the restriction by
implication.
3. The above opinion is provided pmimarlly
for your referenca in event the carric-r raises the
arrument suggested. Since he is apparent17 under the
impression that the usual commercial express receipt
was used, it is suggested that you call his attention
to the fact that a Government Bill of Lading was
employed, and that it contained no limitation of
damages... In the meantime, it appears prraper to con-
tinue to withhold from current unpaid carrier bills
an amount sufficient to cover the damage, or, of
course, accept a payment In the amount of the total
damages.
General Counsel:
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Approved For Release 200110/03 : CIA-R0P84-00709R000400070252-3