Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter V - Department of the Army |
SubChapter B - Claims and Accounts |
Part 536 - Claims Against the United States |
Subpart G - Claims Cognizable Under International Agreements |
§ 536.109 - Claims not payable under international agreements (for those arising in the United States).
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§ 536.109 Claims not payable under international agreements (for those arising in the United States).
The following claims are not payable:
(a) Claims arising from a member of a foreign force or civilian component's acts or omissions that do not accord with the objectives of a treaty authorizing their presence in the United States.
(b) Claims arising from the acts or omissions of a member of a foreign force or civilian component who has been excluded from SOFA coverage by agreement between the sending State and the United States.
(c) Third-party scope claims arising within the United States that are not payable under subparts C, D, or H of this part are listed as barred under those subparts. As sending State forces are considered assimilated into the U.S. Armed Services for purposes of the SOFAs, their members are also barred from receiving compensation from the United States when they are injured incident to their service, Daberkow v. United States, 581 F.2d 785 (9th Cir. 1978).