33 C.F.R. Subpart E—Foreign Claims
Title 33 - Navigation and Navigable Waters
Authority: 10 U.S.C. 2734; 49 CFR 1.46(b).
This subpart prescribes the requirements for the administrative settlement of claims against the United States by a foreign country, political subdivision or inhabitant thereof, for death, personal injury, damage to or loss of property occurring outside the United States, its territories, commonwealths, or possessions, caused by a military member or civilian employee of the Coast Guard, or otherwise incident to noncombat activities of the Coast Guard. (a) The claimant, or the decedent in a death case, must have been an inhabitant of a foreign country at the time of the incident giving rise to the claim and must not be otherwise excluded by §25.505. It is not necessary that a claimant be a citizen of, or legal domiciliary of the foreign country. (b) A corporation or other organization doing business in a foreign country on a permanent basis may qualify as a proper claimant although organized under United States law. (c) The government of a foreign country or a political subdivision thereof is a proper claimant unless excluded by waiver provisions of applicable international agreements. (a) Civilian employees of the United States and members of the armed services of the United States and their dependents, who are in a foreign country primarily because of their own or their sponsor's duty status. (b) Other citizens of the United States, its territories, commonwealths, or possessions, unless they can establish their status as inhabitants of the foreign country. (c) An insurer or other subrogee. (a) A claim is payable under this subpart if it was incident to a noncombat activity of the Coast Guard or was caused by: (1) A military member of the Coast Guard; (2) A civilian employee of the Coast Guard who is not a national of the country in which the incident occurred; or (3) A civilian employee of the Coast Guard who is a national of the country in which the incident occurred if: (i) The employee was within the scope of employment, or (ii) An employer or owner of the property involved would be liable under local law. (b) The fact that the act giving rise to a claim may constitute a crime does not, by itself, bar relief. (c) Local law or custom pertaining to contributory or comparative negligence, and to joint tort-feasors, are applied to the extent practicable. A claim is not payable under this subpart if it: (a) Results from action by an enemy or directly or indirectly from an act of the armed services of the United States in combat; (b) Is purely contractual in nature; (c) Is for death or personal injury of a United States employee for whom benefits are provided under the Federal Employees' Compensation Act, the Longshoremen's and Harbor Workers' Compensation Act, or any other system of compensation where contribution is made or insurance premiums paid directly or indirectly by the United States on behalf of the injured employee; (d) Is one for which a foreign country is responsible under Article VIII of the Agreement Regarding the Status of Forces of Parties to the North Atlantic Treaty, or other similar treaty agreement; (e) Arises from private or domestic obligations as distinguished from governmental transactions; (f) Is a bastardy claim; or (g) Involves a patent or copyright infringement. A claim may be settled only if presented in writing within two years after it accrues. Under appropriate circumstances, a claim presented orally may be considered. The claimant shall state the amount claimed in the currency of the country where the incident occurred or where the claimant resided at the time of the incident. If a claim is determined to be meritorious in any amount, a written acceptance and release or a claim settlement agreement shall be signed by the claimant before payment. The release executed by the claimant shall release the United States and also release the tort-feasor or the person who occasioned the damage, injury, or death.
Title 33: Navigation and Navigable Waters
PART 25—CLAIMS
Subpart E—Foreign Claims
§ 25.501 Scope.
§ 25.503 Proper claimants.
§ 25.505 Claimants excluded.
§ 25.507 Claims payable.
§ 25.509 Claims not payable.
§ 25.511 Time limitation on claims.
§ 25.513 Amount claimed.
§ 25.515 Settlement and notice to claimant.
