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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter V - Department of the Army |
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SubChapter B - Claims and Accounts |
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Part 536 - Claims Against the United States |
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Subpart G - Claims Cognizable Under International Agreements |
§ 536.116 - Responsibilities as to claims arising overseas under international agreements.
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§ 536.116 Responsibilities as to claims arising overseas under international agreements.
(a) Command claims services or other responsible JA offices within whose jurisdiction SOFA or other treaty provisions provide for a claim reimbursement system, and where DA has been assigned single-service responsibility for the foreign country seeking reimbursement (see § 536.17) are responsible for:
(1) Establishing programs for verifying, certifying, and reimbursing claims payments. Such service or JA office will provide a copy of its procedures implementing the program to the Commander USARCS.
(2) Providing the Commander USARCS with budget estimates for reimbursements in addition to the reports required by AR 27-20, paragraph 13-7.
(3) Providing the Commander USARCS each month in which payments are made, with statistical information on the number of individual claims reimbursed, the total amount paid by the foreign government, and the total amount reimbursed by the United States.
(4) Providing the Commander USARCS with a quarterly report showing total reimbursements paid during the quarter for maneuver damage and tort claims classified according to major categories of damage determined by the Commander USARCS, and an update on major issues or activities that could affect the reimbursement system's operation or funding.
(b) Command claims services or other responsible Army JA offices will ensure that all claims personnel within their areas of responsibility:
(1) Receive annual training on the receiving State's claims procedures, including applicable time limitations, procedures and the responsible receiving State claims offices' locations.
(2) Screen all new claims and inquiries about claims to identify those claimants who must file with the receiving State.
(3) Ensure that all such claimants are informed of this requirement and the applicable time limitation.
(4) Ensure that all applicable SOFA claims based on incidents occurring in circumstances that bring them within the United States' primary sending State jurisdiction are fully investigated.