32 C.F.R. Subpart H—International Agreement Claims (10 U.S.C. 2734a and 2734b)
Title 32 - National Defense
This subpart governs Air Force actions in investigating, processing, and settling claims under international agreements. The following are general definitions. See the relevant international agreement for the specific meaning of a term to use with a specific claim. (a) Civilian component. Civilian personnel accompanying a force of a contracting party, who are employed by that force. Indigenous employees, contractor employees, or members of the American Red Cross are not a part of the civilian component unless specifically included in the agreement. (b) Contracting party. A nation signing the governing agreement. (c) Force. Personnel belonging to the land, sea, or air armed services of one contracting party when in the territory of another contracting party in connection with their official duties. (d) Legally responsible. A term of art providing for settlement of claims under cost sharing international agreements consistent with the law of the receiving State. Often these claims are caused by local inhabitant employees, not part of the civilian component, under a respondeat superior theory. (e) Receiving state. The country where the force or civilian component of another party is located. (f) Sending state. The country sending the force or civilian component to the receiving State. (g) Third parties. Those other than members of the force and civilian component of the sending or receiving States. Dependents, tourists, and other noninhabitants of a foreign country are third parties unless the agreement specifically excludes them. (a) Reimbursement authority. The following individuals have delegated authority to reimburse or pay a pro rata share of a claim or object to a claim in any amount: (1) The Secretary of the Air Force. (2) The Judge Advocate General. (3) The Deputy Judge Advocate General. (4) The Chief of Civil Law. (5) Chief, Deput Chief, and Branch Chiefs, Claims and Tort Litigation Staff. (6) The SJAs and Deputy SJAs of PACAF, USAFE, 5th Air Force, Lajes Field, and 9th Air Force (for CENTCOM). (b) Redelegation of authority. A settlement authority may redelegate his or her authority to a subordinate judge advocate or civilian attorney in writing. (c) Authority to reduce, withdraw, and restore settlement authority. Any superior settlement authority may reduce, withdraw, or restore delegated authority. (a) Claims arising in a foreign country. (1) If a third party claimant tries to file an international agreement claim with Air Force, direct that person to the appropriate receiving State office. (2) If the Air Force receives a claim, send it to the US sending State office for delivery to the receiving State. (b) Claims arising in the United States. The claimant files tort claims arising from the act or omission of military or civilian personnel of another contracting party at any US military installation. The installation receiving the claim either: (1) Investigates it if the foreign personnel are assigned there. (2) Sends it to the installation where the foreign personnel are assigned.
Title 32: National Defense
PART 842—ADMINISTRATIVE CLAIMS
Subpart H—International Agreement Claims (10 U.S.C. 2734a and 2734b)
§ 842.69 Scope of this subpart.
§ 842.70 Definitions.
§ 842.71 Delegations of authority.
§ 842.72 Filing a claim.
